Don Hartery is one of only a few Florida Board Certified Criminal Trial Lawyers in the twelfth judicial circuit with continuous Board Certification since 1994.
Don Hartery has personally litigated all major statewide DUI challenges in Florida from 1993 to 2008, receiving several awards for outstanding work, expertise and long-term experience in that specific field of practice. Don continues to be invited to assist in statewide training for law enforcement and breath-testing officers, only now functioning as a defense attorney on the attack against the state’s best expert witnesses in mock trial demonstrations. As a DUI defense attorney, Don has been remarkably successful in representing his clients accused of DUI.
Practice Areas:
DUI / Traffic Offenses
Criminal Defense
Crimes of Violence
Drug Crimes
White Collar Fraud
Theft Crimes
Sex Crimes
Violations of Probation
The goal of my firm is to litigate every state of your case. Your case will not be delegated to an inexperienced associate, paralegal or intern. This firm exclusively practices criminal trial defense and limits its caseload to give clients 100% necessary attention. We will not dilute its focus on other matters.
Winner of Florida Prosecuting Attorney’s Association "Distinguished Faculty" award in 1996 & 2003.
M.A.D.D. Prosecutor of the Year Award - 1998
Lifetime Achievement Award - 2008 - Technical Advisory Committee on DUI Enforcement & Prosecution
Admitted to The Florida Bar and U.S. Middle District of Florida in 1985 along with:
Governor’s Task Force Against Domestic Violence (Chiles); Board Member 1995-1998
Bradenton’s Drug Free Communities; Board Member 1992-1995
Manatee County Domestic Violence Task Force; Board Member, 1993-2004.
Technical Advisory Committee on DUI Enforcement and Prosecution for Florida; Board Member 1994-2005.
Manatee County Victim’s Rights Counsel; liason on behalf of the state attorney, 1995-2006.
Fraternal Order of Police, Sarasota Lodge #3, Warren D. Jones Memorial Lodge / Retired Lifetime Member / former Treasurer, Secretary and Vice President.
Sertoma Club of Greater Sarasota
Florida DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
Florida
.08
.02
.20
Yes
DEFINITIONS: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state’s enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver’s license sanctions.
"Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver’s license, usually for six months to a year.
Florida DUI Law Highlights: Selected Penalties (Table 2)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
Florida
6m/ 1y/ 2ys
Both
Yes
Yes
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS: Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver’s license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state’s utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender’s vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state’s utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock A vehicle ignition interlock breath-testing device measures a vehicle operator’s BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state’s utilization of ignition interlock devices as a penalty for DUI.
COMMONLY ASKED QUESTIONS AND ANSWERS
TYPE OF CASES OUR FIRM HANDLES I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
WE THINK YOU SHOULD HIRE US IF: You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
OUR FIRM IS NOT RIGHT FOR YOU IF: You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD: I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (941) 952-5805 or email at harterylaw@msn.com
THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS: The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
OUR CLIENTS WILL TELL YOU THAT: My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS: Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD: During our free initial consultation I will answer any questions. Please call (941) 952-5805.
