DUI Lawyer Stuart

Are you or someone you love facing charges for driving under the influence? Todd A. Kawecki is a DUI lawyer in Stuart who understands the devastating impact that these charges can have on a person’s future. He can review your situation in a free consultation, explain potential defense strategies that apply to your case, and aggressively fight to the best possible outcome.

Depending on the circumstances, it may be possible to get the charges reduced or your case dismissed outright. The best approach to fighting your charges will depend on the circumstances.

Todd Kawecki has the knowledge and courtroom experience to protect your rights and help you navigate the legal system. For a free case evaluation, call 772-485-4500.

Why You Should Contact A DUI Attorney Right Away

With your personal and financial future on the line, it’s important that you do everything in your power to fight the charges against you. The smartest step you can take is to decline to answer any questions from law enforcement and to contact a Stuart DUI lawyer immediately.

It is incredibly common for people facing charges to make mistakes without even knowing it. Florida police are adept at getting suspects to inadvertently admit fault, or to provide statements that can be used against them later in court.

Never forget–the police are not on your side.

Attorney Todd A. Kawecki will tenaciously represent your best interests through every stage of the proceedings. He can investigate the actions of law enforcement before, during, and after your arrest to find out if any procedural errors were made that could work in your favor.

The sooner you contact our law firm, the sooner Todd Kawecki can start protecting your rights. Call 772-485-4500 for a free consultation.

How Can An Attorney Help With My Case?

After a DUI arrest, some people assume there is no point in trying to fight the charges. The truth, however, is there are dozens of potential defenses that could apply to your case even if you were in fact driving under the influence.

Todd Kawecki can provide you with knowledgeable guidance during the challenging days ahead. Here are just a few of the ways he can assist with your case:

1. Investigate The Arrest

We’ve already mentioned that procedural errors made by law enforcement can work in the favor of a DUI defendant. Why was your vehicle stopped? Was the breathalyzer test properly conducted? Were you read your Miranda rights? These are just a few questions your DUI lawyer can ask when investigating your arrest to identify opportunities to fight your charges. Your attorney can also help gather and assess evidence such as camera footage, blood and breath test results, eyewitness deposition, and the official police report.

2. Guide You Through Proceedings

Whether this is your first or your third time facing DUI charges, it’s only natural to feel completely overwhelmed. Making sense of the proceedings and contemplating the potential outcomes can make every day feel like an uphill battle. When you hire a skilled drunk driving defense attorney, you won’t just have someone in your corner to help fight your charges; Todd Kawecki will also take the time to answer your questions, explain your role at each step of the proceedings, and discuss how best to approach your case.

3. Negotiate With The Prosecutor

It may be possible to negotiate with the prosecutor to secure a more favorable outcome for your case. As a former prosecutor himself, Todd Kawecki knows what to say–and what not to say–when negotiating with the prosecutor in a DUI case.

Common Defenses Against DUI Charges in Florida

The best defense against drunk driving charges will ultimately depend on the circumstances. Stuart DUI lawyer Todd Kawecki has experience as a former prosecutor, so he knows the most effective defense to use given the facts surrounding your case. Some common defenses in these circumstances include:

  • Driving or Control of the Vehicle: If the State cannot prove you were the driver or that you were in or on the vehicle with the ability to drive the car, you cannot be found guilty of DUI. If the vehicle you were in is not operable, then you have not committed the crime of DUI.
  • Your Normal Faculties Were Not Impaired: The familiar ad campaign by the police is “drive sober or get pulled over.” This is not the law. Consuming alcohol and driving a vehicle is completely legal as long as your normal faculties were not impaired. Conducting a thorough review of any police in-car dash video of the field sobriety tasks can lead to evidence that you were not impaired, but the officer conducted the exercises incorrectly or did not administer a fair test.
  • Procedural Errors by Police: If the police do not follow the law when they stopped you, then your case has a good chance of being dismissed. This strategy relies on the concept of “The Fruit of the Poisonous Tree,” meaning that if the police gained evidence from you after illegally stopping you, that evidence will be inadmissible in court. Todd Kawecki will review your case for any possible illegal action by the police to limit the evidence used against you.

Comparing DUI and BUI (Boating Under the Influence)

Boating under the influence is a common charge in Florida. Like DUI, a conviction for BUI can have devastating consequences. Here are a few comparisons of these two types of charges:

  • Charging: Both DUI and BUI rely on the State proving that an individual was in control of a vehicle and had their normal faculties impaired at the time. The level of impairment does not change because DUI takes place on land and BUI takes place on a vessel.
  • Differences in Sentencing: If convicted of DUI, the mandatory sentencing requires a driver’s license suspension and, in some cases, an ignition interlock to be installed in your car. BUI mandatory sentences do not have a driver’s license suspension or an ignition interlock as part of the mandatory sentencing.
  • Types of Sobriety Tasks: Officers investigating someone for BUI use different field sobriety tasks due to the balance issues caused by being on a moving boat in the water. These tasks very often appear impossible to complete correctly and are a unique issue when we work to get our clients the best outcome for their cases.
  • Prior DUI or BUI: BUI and DUI are interchangeable when determining the number of prior convictions for a current DUI or BUI charge, meaning if you had a prior BUI and are now arrested for a DUI, your current charge will be considered a second DUI.

Speak With A DUI Defense Attorney In Stuart Today

From the paperwork to the formal hearing to the court case, a DUI arrest can be both time-consuming and financially devastating. While you may be tempted to tackle the proceedings on your own, doing so could be one of the biggest mistakes you ever make.

Attorney Todd A. Kawecki has extensive experience and a track record of success representing people facing DUI charges. His experience as a former prosecutor gives him unique insight when it comes to building effective defense strategies. Call 772-485-4500 to schedule a free consultation.