Former DUI Cop and Former DUI Prosecutor Representing Those Charged With DUI in Central Florida

Winning DUI Cases Others Said Couldn't Be Won

Request Your Free Case Evaluation

privacy We value your privacy and would never spam you

Should I Hire An Attorney?

Yes, for several reasons.

There are many factors to take into consideration when evaluating the case against you. You are unlikely to know those factors, but even if you do, you have a stake in the matter and you’re not going to look at the facts objectively.

The process itself is a labyrinth. Assistance in navigating the DUI process is worth the cost of hiring an attorney. Think about the questions: Where do you go to get your license? What paperwork do they require? How long do you have to do it? Is there an alternative? It’s not easy making multiple trips because you forgot something when you’re relying upon another to take you there.

How Soon Should I Hire An Attorney?

The magic number in a DUI case is 10 days. You only have 10 days to choose from four options for your driver's license. You have to submit your paperwork to them within the 10 days. This means you’ll have to meet with an attorney to review the facts of the case and explain the options before the 10th day.

How Should I Go About Choosing A Good DUI Attorney?

No lawyer can change the facts, but a good DUI lawyer will be able to identify the issues that give you options. Because DUI has so many intricacies (e.g., breath testing, driver’s license hearings, officer’s skills, sobriety tests) you need to find a lawyer who has experience in all of these areas. DUI isn’t a subject matter taught at most law schools, and spending a few years as a prosecutor hardly makes you an expert. Ask the attorney if he or she has been through the 24 Hour SFST Course, ask if he or she knows the standardized clues the officer is looking for. Ask if he or she has been to the same breath test operator school as the person who administered your breath test, ask about the different driver license offices and the details of your options. If you don’t get a feeling that they have a complete knowledge on all of your questions, you might want to keep looking.

How Do You Try And Win My Case?

Generally a DUI Case is broken down into four areas. We evaluate each area individually to determine weaknesses in the State's case against you. The areas are: 1) The driving pattern and the officer’s legal right to pull you over. 2)  The interaction between you and the officer before you were asked to perform sobriety exercises. The officer must have reasonable suspicion to make the request. 3) Your performance on the sobriety exercises, the environmental conditions, and the officer’s ability to administer them properly. 4) Everything that happens post arrest including the breath test, refusal, blood test and urine test.

Criminal Court Side vs. DHSMV Side?

DUIs have two distinct but equally important segments: the criminal court side and the administrative DHSMV side. The two sides, for the purpose of a FAQ response, are totally separate. You can win one and lose the other, you can win both, or you can lose both. The DHSMV is your immediate concern. You only have 10 days to complete the paperwork. If you request a formal review hearing, we’ll subpoena the officer to testify. If a “critical witness” does not appear to testify, you win! If both of the officers show up, there is a substantial likelihood that you’re going to lose the hearing. In fact, when the officers show up, you’re going to lose about 95% of the time. The Criminal side of the DUI is equally important, but in a different light. The burden of proof at the criminal courts is much higher, namely Proof Beyond a Reasonable Doubt. Additionally, the prosecutor has more discretion to modify or even drop the charges in your case.

Can We Challenge The Breath Test Results?

Breath testing in Central Florida is currently in flux; some courts find it's admissible and some courts do not. Throughout Florida a vast majority of the counties are ruling that the breath test is scientifically admissible, but there might be challengeable issues regarding your individual test.
Central Florida Defense attorneys have traditionally pooled their cases and clients together for one hearing for all of the cases. Challenging the scientific credibility of the Intoxilyzer requires experts from both the sate and the defense to testify. These experts are not cheap! When a hearing is scheduled, local defense attorneys encourage clients to contribute $300-$500 to be included in the mass hearing. There are no hearings scheduled for the foreseeable future.

Do I Have To Go To Court?

Not necessarily, but often you will have to appear in court at least once. There are a few times where your appearance in court will be helpful as a strategy in bringing your case to a desired conclusion. If you have to appear in court, you’ll almost always have plenty of advance notice.

Can I Get My License Back?

If you blew over the legal limit or refused to take a breath test, your license was suspended and you were issued a DUI Citation. For the 10 days following your arrest that DUI ticket will act as a Hardship driver license. Your license is suspended for 6 months (blew over) or 1 year (refused). If it’s your first offense you’re likely eligible for a hardship license immediately, but there is a huge downside. (See question on How do I get a hardship license.)

What Is A Hardship License?

A hardship license allows you to drive for the necessities of life. This means that you can drive to and from places such as school, work, church, grocery store, or the doctor's office. Driving for a purpose other than a necessity of life is a criminal offense, and you could wind up back in jail and severely affect the strategy used to defend your DUI case.

How Can Attorney Jeff Lotter Help Me?

As a former DUI cop and Expert Witness and now DUI Defense Attorney, Jeff Lotter has a unique background, experience, and knowledge that can benefit you when it comes to your DUI defense.

-Testified as an expert witness in DUI, sobriety testing and alcohol and drug impairment

-Personally trained more than 1,000 officers and prosecutors on DUI and sobriety testing

-Conducted countless traffic stops and several thousand DUI investigations, including crashes

-Served as a State Trooper for the Florida Highway Patrol, assigned to the DUI Unit

-Worked Six Years as an Orange County Deputy Sheriff, three years assigned to their DUI Unit

-Lectured on DUI to governmental agencies, colleges and law school students

-Served as an Assistant State Attorney

When you call Jeff Lotter for a Free No-Obligation Case Evaluation you will speak with Jeff Lotter directly (cell 407-906-5040). You will discuss the specifics of your case, discuss costs regarding legal representation, and even formulate a plan to best resolve your case.

Will You Personally Be Handling My Case?

We have four attorneys on staff that all focus on different areas of law.  My area of practice is DUI. We do work as a team and the whole team round tables your case, but when it comes to the handling of your case that falls onto my shoulders. It’s a great question, and one you should ask any attorney you’re going to hire.

How Do I Get A Hardship License?

If your license is suspended for a First DUI you have four options:

1) Do nothing, in which case your license is suspended and the DUI suspension will go on your record for 75 years.
2) Waive your right to a hearing. If you do this, you can get a hardship license as soon as you register for the DUI Class through the Florida Safety Council. (Note:you have to register in person and submit your class schedule to the Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Review (BAR). By signing a waiver you’re consenting to a DUI suspension on your driving record for 75 years.
3) Request a Formal Review. You’ll be given a 42 day temporary license, and your attorney will be given a hearing date within 30 days. The attorney will subpoena the arresting officer and the breath test officer, who will testify in front of the DHSMV hearing officer. If you win your hearing there will be no suspension on your record and you get your license back free and clear. If you lose the hearing you’ll have to serve a 30 day hard suspension (no driving) if you blew over or a 90 day hard suspension if you refused. After the hard suspension period you can get your hardship license by signing up for the Florida Safety Council DUI class as stated above. If you lose the formal review hearing, the DUI suspension will remain on your driving record for 75 years.
4) Request an Informal Review. You’ll be given a 42 day temporary license. The DHSMV hearing officer assigned to your case will review all of the paperwork submitted by the police. If all the paperwork is complete you lose. If the officer forgot to submit all of the documentation, you’ll win. (This is rarely a recommended option.)