Being placed under arrest for charges of DUI is a frightening and confusing experience. You will have questions about your future. You may ask yourself how this arrest will affect your employment or relationships with family and friends. The stress of facing a criminal case can be detrimental to you and your loved ones.

You do not have to face the legal system alone. My firm has over 100 years of combined experience, with convenient office locations across the State of Florida. We have handled countless DUI, license revocation and alcohol related cases.  We are not afraid to challenge the facts against you and bring to light additional information that may prove your innocence in the eyes of the Court.

Field Sobriety Testing

After initiating a traffic stop, if a defendant looks to be in good health, the officer will request submission of field sobriety testing. These are physical exercises designed to pinpoint individuals who are under the influence of alcohol and/or drugs. An officer may ask a driver to walk a straight line, with a specific number of steps and instructions; or watch the end of a flashlight to determine the eyes’ reflex response time. Officers use the results of these tests to determine a driver’s sobriety and whether or not further blood alcohol testing is necessary. These tests are administered by officers and human nature could interpret results inaccurately. I will request the police video of the field sobriety test and dispute the officer’s opinion on your behalf.  If the police fail to possess valuable video evidence, this is a plus to your defense. I will advise the prosecution of the holes in their case and establish reasonable doubt in Court.

Blood Alcohol Testing

Officers use breath, urine or blood testing to determine the level of alcohol in a driver’s system. This is can be a fairly accurate method to ascertain whether the driver is over the Florida legal limit of .08, but it is not fool proof. Results could be skewed if the test administrator is not properly certified to perform the test or if other issues could have jeopardized the accuracy. I will investigate whether the equipment is regularly maintained and if it is in good working order. I will aggressively challenge the toxicological evidence against you to establish your innocence.

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Defendant Rights

Suspects have rights, and often times arresting officers do not abide by those constitutional provisions. As your defense attorney, I will review the arrest record to ensure the officer followed all proper procedures. The charges against you may be dropped if the police did not recite your Miranda Rights or posses no just cause to initiate a stop. As your defense attorney, I will bring to focus any unjust actions by the arresting officer that may have violated your rights granted to you by the U.S. Constitution.

Implied Consent Law

A suspect also has the right to refuse field sobriety testing and or alcohol testing. However, if you do decide to refuse testing, but there are consequences. The Department of Highway Safety and Motor Vehicles will automatically suspend your license for a period of six months. The State considers driving to be a combination of privilege and responsibility. Drivers must agree to the Implied Consent Law, or a promise to submit to alcohol testing, prior to being granted a Florida driver’s license. A defendant has only 10 days to request an administrative review hearing and challenge the suspension of your license. You must retain a qualified attorney prior to this deadline.

Formal Administrative Review Hearing

I will request a formal administrative review hearing on your behalf. This hearing is held before an officer of the Department of Highway Safety and Motor Vehicles and is unrelated to the pending criminal case. I will subpoena witnesses and arresting officers to retract statement inconsistencies. I will effectively address varying testimony in an effort to reestablish your driving privileges.  

Charge of DUI Overview

 All DUI charges are not created equal. Charges range from a misdemeanor first offense of driving under the influence to felony manslaughter stemming from a DUI with injury. It is common place that additional criminal charges may also be filed in conjunction to a DUI. These additional charges will escalate the status of the offense and significantly increase the degree of punishment. You need an attorney qualified to handle your tough case and avoid conviction.

·         Felony DUI

·         DUI with Injury

·         DUI with Property Damage

·         Underage Drinking

·         DUI Manslaughter

·         Commercial Vehicle DUI

·         Refusal to Submit

You have only one day in Court. Make that one day count. Contact an experienced Florida DUI attorney to aggressively fight the charges against you.  A DUI conviction can haunt you for years to come.  Do not let the State intimidate you, remember, you are considered innocent until proven guilty in a Court of law.

Attorney Profile

John Musca has devoted his legal career to criminal defense.  He decided to open his own comprehensive criminal defense firm in 2001 after serving as a Public Defender in the 20^th Judicial Circuit of Florida.  His practice has grown tremendously, now operating nine offices throughout the state with plans to ultimately offer full-service criminal defense to all of Florida.  Mr. Musca is committed to offering outstanding service to his clients and attributes the success of his law practice to the satisfaction of his clients and the diligence of the Florida criminal defense lawyers in the office.  He describes his work as a criminal defense attorney as his passion, rather than just his job.

During his career as a private criminal defense attorney and former Public Defender, Mr. Musca has handled thousands of criminal cases from beginning to end and tried over 100 cases.  He believes in an aggressive defense philosophy, focusing on clients’ strengths and the weaknesses in the prosecution’s case.   He is licensed to practice law in the state of Florida and the United States Federal Court, Middle District of Florida.

Mr. Musca completed his undergraduate studies cum laude at Boston College in 1994 and received his Juris Doctor from the Case Western University School of Law in 1997.  He speaks Spanish fluently and has attended international language and legal studies overseas at the world-renowned “Instituto Internacional” in Madrid, Spain.  Additionally, he is involved in public interest legal work with local organizations that provide services to impoverished clients.

Mr. Musca founded Musca Law with the goal of providing the highest quality criminal defense representation.  He fights hard on your behalf – and he fights to win.