Florida has some of the strictest DUI penalties in the country. If you’ve been charged with this offense, guilty or innocent, you can fight it and clear your name. There are several mandatory penalties if you plead guilty or no contest, and facing a judge without legal representation is the easiest way to have the book thrown at you.
Well before your court date, contact Meldon Law Firm for a free consultation. Whether this is your first or fourth offense, an experienced lawyer can help reduce your charges to something less concerning. If someone is suing you in a civil action for property damage or injuries, you should also have a seasoned personal injury lawyer.
The Consequences of a Florida DUI Conviction
In Florida, a motor vehicle driver with an alcohol level of .08 or higher is considered impaired. For some, this low level of intoxication may not even be apparent to others, and the driver could still have normal motor skills and response times. However, the law states that an alcohol level of .08 is too much for the safe operation of a motor vehicle and is indisputable. If convicted of DUI in Florida, it will stay on your record for 75 years.
First-time offenders can expect the following punishments:
- Fine – For a first-time conviction, you’ll pay a fine of between $500 to $2000. If you had a minor in the vehicle or your blood alcohol level was .15 or higher, the fine increases to between $2000 and $4000.
- Probation – If imposed, the combined time of probation and incarceration will not exceed 1 year. If a minor was in the car at the time or your blood alcohol level is .15 or higher, the time is increased to 9 months.
- Community service – Florida has a mandatory sentencing of 50 hours or a $10 per hour fine for all hours of community service imposed.
- Imprisonment – Jail time is at the judge’s discretion. First-time offenders may be offered a maximum of 6 months in a residential alcohol-free environment or drug treatment facility. Actual jail time, however, is still a possibility.
Options for How To Handle a Florida DUI Charge
Whether it’s your first offense or not, it’s imperative to work with an experienced DUI lawyer who can advise you of your rights and determine the best strategy to reduce or drop your charges altogether. Your legal team will have the know-how to help you achieve the best possible outcome. Some strategies can include:
- Lack of evidence of intoxication – It must be proven beyond a reasonable doubt that you were impaired. The prosecutor has this burden of proof.
- Lack of probable cause – For a legal traffic stop, the police must provide a reason for pulling you over. If they cannot provide probable cause, your case can be dismissed.
- Improper intoxication testing – Breathalyers must be used properly to yield accurate results. If they’re used improperly, your blood alcohol level could be inaccurate. Likewise, urine or blood test results can be challenged.
- Miranda Rights Violation – By law, police officers are required to read your rights to you. Nothing you’ve said may be inadmissible in court if you weren’t informed of your Miranda Rights.
- DUI while on private property – You cannot be prosecuted if you’ve been accused of driving on private property. A DUI charge is only valid when on public roads.
- No proof of driving while intoxicated – If you weren’t driving your vehicle when questioned by police, it would be the prosecutor’s burden to prove that you did.
- Racial profiling – Any evidence or suggestion that a driver was pulled over based on profiling can help to lower or dismiss charges.
- Anonymous tip of DUI – An anonymous tip of a suspected drunk driver isn’t grounds for a DUI arrest. The police must have probable cause before pulling over a vehicle.
Although each case and scenario is unique, your lawyer has many different avenues to explore to help you receive a reduced sentence or drop your charges altogether. These are just a few strategies to help you put this unfortunate event behind you.
Don’t Face a Florida DUI Charge Alone
It should go without saying that no one should drink and drive. This selfless act can cause a tragedy that can harm many and cause crashes, damages, and fatalities. However, if you’ve been charged with a Florida DUI offense, all is not lost. With an experienced attorney’s guidance, charges can often be severely reduced or dismissed. Simply being arrested for DUI doesn’t necessarily mean you’ll be convicted.
Be smart and don’t drink and drive. Never go to court without speaking to an attorney if you’ve been charged with a DUI.