(561) 988-8000 Each year, numerous motorists are charged with driving under the influence of drugs or alcohol. Under most circumstances, the district attorney (state attorney) will be tasked with proving that the individual is guilty. En Español.
Depending on the circumstances, testimony from the arresting officer, video and/or audio recordings and results from the breath test will be introduced into the case. The severity of a DUI charge will depend on numerous factors, including the following:
- Degree of intoxication
- Prior convictions
- Whether injury or death resulted from the DUI
- Accident or property damage
- Aggressive or unusual driving behavior
If you have been charged with DUI in Florida, a Plantation DUI lawyer may be able to help you get your charges dismissed or reduced. Contact an experienced defense attorney right away to begin your case building a strong defense.
What is a DUI?
After a DUI arrest, a prosecutor will be charged with proving that an individual was under the influence of drugs or alcohol to the extent their normal faculties were impaired. Each state has its own unique definition regarding what it means to drive under the influence of alcohol, but most agree that a major part of the definition involves the potential for harm to other individuals.
Most states also agree that if drivers are pulled over by a police officer, and their blood alcohol content (BAC) is above a state-specified level, they can be charged with DUI if driving or attempting to operate a vehicle (in actual physical control).
Contrary to popular belief, not all DUI charges are equal. The circumstances surrounding an arrest are extremely important.
For example, if the individual refuses a blood alcohol test, is driving with a revoked or suspended license, has prior DUI charges, or drives with children in the vehicle, a misdemeanor could easily turn into a felony charge. Charges can also be intensified if an individual has an exceptionally high BAC level (a result above 0.15 will trigger additional penalties).
Potential Consequences
If a driver is facing their first Florida DUI charge, the punishment may be harsher if they do not hire a Plantation DUI lawyer to defend them in court. Depending on the circumstances of the case, people could be subject to the following penalties:
- Suspension of their driver’s license
- Fines and court costs
- Jail time
- Probation
- Community Service
- DUI school and/or counseling
- Having to install an ignition interlock device
- Vehicle impoundment
For first DUI offenses in Plantation, suspensions are usually between six to twelve months but can be higher for second or subsequent offenses and Felon DUI’s. For many first time DUI cases, individuals will be allowed to apply for a hardship license. Most of the time, a first-time offender faces no more than six months in Jail. Some factors could increase that time, including:
- Passengers under the age of 18
- Blood alcohol concentration of .15 or more
- Causing an accident involving property damage
- Causing an accident involving serious bodily injury
Drivers with previous DUI convictions will face more severe penalties. It is not uncommon for these drivers to lose their licenses permanently, and in cases involving bodily harm or property damage, to serve jail time. If a person is convicted of a second DUI and the previous conviction was within the last five years, they must serve a minimum of 10 days in Jail, with at least 48 hours of their sentence served consecutively.
The law makes a third DUI a Felony if one of the previous convictions occurred in the past ten years. A person charged with a Felony could face at least 30 days in jail and, at most, five years in state prison. Monetary penalties range from $1,000 to $2,500 when a person does not have a previous conviction in the past ten years. When a prior conviction falls within that range, the fine could go up to $5,000.
In the state of Florida, all judges are required to place convicted individuals, even first-timers, on probation.
What are the Laws Regarding DUI Arrests?
At the time of an arrest, law enforcement officers are required to follow a variety of very specific rules and behaviors.
Everything from the administration of the breath test to the reading of rights is regulated, and if an officer fails to follow even one of these regulations, they could be violating the rights of the individual they are arresting.
Officers often make mistakes or incorrectly administer the BAC test, but people will still need the help of a Plantation DUI lawyer to defend their cases.
Felony DUI Charges Under State Law
DUI charges alleging the consumption of drugs or alcohol while in control of a vehicle are usually Misdemeanor cases. However, a collection of factors may lead a Prosecutor to justify Felony-level charges.
Perhaps the most common reason under Florida Statute § 316.193 is a person’s prior criminal history. According to the statute, a third violation within ten years is a Felony of the third degree. These convictions do not need to occur in Plantation or anywhere else in the state. In fact, convictions anywhere can count towards this determination. This conviction can bring a Prison sentence of up to five years and a fine of up to $5,000. This is in addition to a mandatory loss of license and the requirement to install an ignition interlock device.
The other factor that may lead to a Felony drunk driving charge is the impact of this event on other people. Any DUI case that results in injury or death to a person other than the defendant will bring Felony charges. In these situations, a person’s prior criminal record is irrelevant. These cases can result in Prison sentences of over ten years. A Felony DUI attorney could help a person understand why their DUI case is moving forward as a Felony under state law.
Building a Defense for a DUI Charge
Many defendants challenge the legality of their police stop. If the Police pull over a driver without a valid reason, a Court could dismiss any evidence recovered during or after the stop. This could include admissions of drinking or even the results of a breathalyzer test. Typically, a Police stop results from an officer witnessing a driver violating the law or driving erratically.
It is also possible for a Legal Representative to challenge the validity of any chemical tests. Most DUI cases are built around the results of a blood, breath, or urine test. There are strict regulations regarding the collection of these samples. If the Police violate the rules regarding storing or transporting samples, the results could be inaccurate.
Finally, an individual could base their defense on invalidating prior convictions. DUI law varies from state to state, and a Prosecutor could try to use a conviction from another jurisdiction that would not have been a DUI in Plantation. In these cases, an Attorney in Plantation might be able to reduce a DUI to a lesser offense.
Contacting a Plantation DUI Attorney
If it is determined that the arresting officer did not perform their job properly, the charges against you could potentially be dropped or reduced. Skilled DUI defense attorneys strive to defend the rights of the accused, and they will do everything in their power to defend you. Contact us today to speak with a trusted Plantation DUI lawyer.
