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Years Of Business
DUI Cases
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Over 35 Years Of Experience In The Florida Keys


About Us

Hutchison & Tubiana, P.L.L.C. has significant experience in representing individuals who have been charged with DUI offenses.

We also have a proven track of securing the innocence of their clients by employing effective and creative defense strategies that have resulted in countless dismissal of charges prior to trial as well as many defense verdicts after jury and judge trials.

We will stop at nothing to help you secure the most favorable outcome possible. When your driving privileges and future have been put at stake, do not wait to act.

What To Expect

Lose Your License

Depending on your case you can lose your license anywhere from 180 days to a year. You may also experience fees in order to reinstate your license. These charges can vary depending on if your license was revoked or suspended. You will be required to maintain a FR-44 for 3 years and if allowed to have a restricted drivers license, an ignition interlock device.

Criminal Record

There are two outcomes of being convicted for a DUI charge. The first is administrative, with consequences of having your license suspended. The second, is under criminal law and results in fines, parole, and sentencing. The conviction goes on your criminal record, but depending on your case there are possibilities of getting it expunged.

Civil Penalities

If this is your first DUI charge in Florida, it will be considered a misdemeanor offense. You will be penalized with fines, community service, license suspension, and possible probation. Remember these penalties can range, depending on your charge.

Fines Up To $25,000

The cost of a DUI depends on your own personal case. Some fines you may be required to pay are court fines, attorney fees, DUI classes, and Ignition Interlock device fees.

Jail Time

The counts of your DUI will determine the amount of jail time that can be given: First time convictions: 6 months Second time convictions: 9 months Third time convictions: 12 months.

Community Service

Community service is required for first time offenses. If this is your first DUI offense, you will be required to perform 50 hours of community service. Again, depending on the circumstances, this can vary.

How Bad Can It Get?

The amount of times you have been tried with DUI can affect your ultimate outcome. Below are some of the things you can expect depending on your situation.

First Offense
  • A conviction for a first-time DUI offense in the state of Florida:
  • Could cost you as much as $1,000
  • Up to six months in jail
  • Possibility of losing your driver’s licenses for up to six months
  • Fifty hours of community service
  • DUI School

Second Offense
  • The consequences of a second-offense DUI typically include:
  • Fines
  • License suspension
  • Vehicle impoundment and having to install an ignition interlock device (IID).
  • There’s also mandatory jail time for motorists who are convicted of a second DUI in five years.

Third Offense
  • A third-offense DUI typically carries penalties including:
  • Fines
  • License Suspension
  • Vehicle Impoundment and having to install an Ignition interlock device (IID)
  • If a drivers third DUI comes within ten years of one of the prior two DUIs, there is mandatory jail time
  • If driver had a blood alcohol concentration (BAC) of .15% or more, was involved in an accident with property damage or someone being injured, or had a passenger who was under 18 years old penalties can worsen.

Fourth Offense
  • The fourth-offense DUI is considered felonies of the third degree:
  • It is automatically considered a felony regardless of the amount of time between the third and fourth violations.
  • There is no enhanced version of a fourth DUI offense, and there is no window of time that separates harsher or lesser penalties.
  • Heavy fines that are greater than $2,000
  • Imprisonment
  • License Revocation
  • Probation
  • Vehicle Impoundment
  • DUI School

The Law Offices of Hutchison and Tubiana

Let the Professionals at Hutchison and Tubiana put their 35+ years of experience in the Florida Keys to secure the best possible outcome under challenging circumstances.

Types of DUI

Breath & Blood Tests
With your consent, a blood, breathe, or urine test can be provided to determine your blood alcohol or drug content level. Refusing to take a test can result in further penalties.

BUI
A BUI is when you get a DUI, but on the water (with a boat). Similar to a DUI, a BUI can result in fines and jail time. Also, you could have your boat impounded and if fines aren’t paid you could lose your license.
DUI with Drugs
Here is a list of drugs that rules under Florida’s controlled substances: Marijuana, cocaine, methamphetamine, heroin, and painkillers.


Felony DUI
A Felony DUI in Florida can be caused by a defendant being convicted of a fourth DUI, a third DUI within 10 years, or causing serious injury or death to someone while driving under the influence.
Under 21 DUI
If you are under the legal drinking age and get convicted of a DUI in Florida, the penalties for a first offense is 6 months license suspension, alcohol education courses, community service, and fines.
Out-of-State DUI
If you get a DUI and do not live in Florida, you may be at risk of losing your driving privileges in both Florida and your home state. Our attorneys can help protect your driving rights, but you should act fast.
Blog

What To Do If You Get a DUI While on Vacation in Key West
Published 6/28/2019 in Hutchison and Tubiana
What To Do If You Get a DUI While on Vacation in Key West
The Florida Keys are known for beautiful beaches and a party vibe that lasts the entire day. It’s great to visit places like Key West and enjoy the nightlife, but you must do so with caution. The city’s police department has a no tolerance policy for impaired driving, which can cause problems for people on vacation that get behind the... read more ❯

Advice to Avoid a DUI this Holiday Weekend in the Florida Keys
Published 9/1/2018 in Hutchison and Tubiana
This weekend is a one of the busiest travel holidays for motorists visiting the Florida Keys. Having said that, there will be an increased police presence on the highways. Those planning to drive should remember their constitutional rights in the event they are stopped by a police officer or a Florida Highway Patrolmen. First, while consuming alcoholic beverages is not... read more ❯

Arrested for DUI in the Florida Keys? Did you have a right to an attorney...
Published 3/22/2018 in Hutchison and Tubiana
Oftentimes, I speak with clients who tell me that the arresting officer violated his or her constitutional rights during a DUI stop. Specifically, that the defendant requested the right to consult an attorney before determining whether to submit to a breath test (a/k/a whether to blow), and the officer denied that request. In the movies, magazine, books, or through word... read more ❯

Arrested for DUI in the Florida Keys? Did you have a right to an attorney...
Published 3/22/2018 in Hutchison and Tubiana
Oftentimes, I speak with clients who tell me that the arresting officer violated his or her constitutional rights during a DUI stop. Specifically, that the defendant requested the right to consult an attorney before determining whether to submit to a breath test (a/k/a whether to blow), and the officer denied that request. In the movies, magazine, books, or through word... read more ❯

We're you visiting during Fantasy Fest and got arrested for DUI, drug...
Published 3/22/2018 in Hutchison and Tubiana
Were you visiting the Florida Keys, and Key West, over Fantasy Fest weekend and arrested for a crime? If so, there is a chance that your 4th Amendment Rights to be free from unreasonable searches and seizures were violated by Monroe County Sheriff Deputies or members of the Florida Highway Patrol. Each years, hundreds of tourists visit the Florida Keys... read more ❯

We're you visiting during Fantasy Fest and got arrested for DUI, drug...
Published 3/22/2018 in Hutchison and Tubiana
Were you visiting the Florida Keys, and Key West, over Fantasy Fest weekend and arrested for a crime? If so, there is a chance that your 4th Amendment Rights to be free from unreasonable searches and seizures were violated by Monroe County Sheriff Deputies or members of the Florida Highway Patrol. Each years, hundreds of tourists visit the Florida Keys... read more ❯

Florida Keys DUI Arrest and Driver’s License Suspension
Published 3/22/2018 in Hutchison and Tubiana
The procedures involving what happens to your driver’s license after a DUI arrest and the eventual criminal prosecution of the substantive crime are similar and yet very different. Let us examine the following case study. One evening, as you’re driving on the highway, you get pulled over by a sheriff’s deputy or a Florida highway patrolman. The officer suspects that you... read more ❯

Florida Keys DUI Arrest and Driver’s License Suspension
Published 3/22/2018 in Hutchison and Tubiana
The procedures involving what happens to your driver’s license after a DUI arrest and the eventual criminal prosecution of the substantive crime are similar and yet very different. Let us examine the following case study. One evening, as you’re driving on the highway, you get pulled over by a sheriff’s deputy or a Florida highway patrolman. The officer suspects that you... read more ❯

Not-Guilty Verdict in Criminal DUI Jury Trial
Published 11/10/2010 in Hutchison and Tubiana
On September 23, 2010, a local Monroe County man was acquitted from one count of Driving under the Influence, commonly referred to as DUI. The offense of DUI is a charged as a violation of Florida Statute, 316.193. David Hutchison and Vincent Tubiana successfully argued during trial that the Defendant was not impaired from drugs or alcohol while he driving home with a passenger from dinner at a friend’s home. read more ❯