Don’t Face DUI Charges Without A Skilled Legal Team On Your Side
Driving under the influence (DUI) is a serious crime in Florida, resulting in a variety of criminal penalties. If convicted, you could face a driver’s license suspension or revocation, jail time, fines and more.
Thankfully, you don’t need to face these challenges alone. Working with an experienced attorney gives you the best chance of mitigating the consequences and achieving a positive resolution in your case. Foley & Wilson Law Firm is a premier drunk driving and DUI defense firm, and we know how to deal with difficult DUI cases in Fort Myers and Naples, as well as throughout Lee and Collier counties.
The Basics Of Florida’s Drunk Driving Laws
As in all other states, a driver is considered legally drunk if they have blood alcohol content (BAC) at or above 0.08%. This is the point at which someone could be convicted based primarily on test results alone. If a driver’s BAC is at or above 0.15%, they will face even harsher penalties. The thresholds are considerably lower for anyone with a commercial driver’s license. You could be charged if you have a BAC or just 0.04%.
Can you refuse to take a test? The answer is yes, but not without significant consequences. Under Florida’s implied consent law, any driver who has been lawfully arrested must submit to a chemical test (breath, urine or blood) when ordered by law enforcement. If you refuse, you will face a one-year license suspension on your first offense and an 18-month suspension for a second offense. Prosecutors can also use your refusal against you at trial when attempting to secure a conviction for drunk driving.
Below The Legal Limit? You Could Still Be Charged With Impaired Driving.
It is important to note that you could still be charged with DUI even if your BAC is below the legal limit. A police officer may establish probable cause of impairment based on a combination of factors other than BAC test results, including:
- Failed field sobriety tests
- Illegal chemical substances found in a suspect’s urine
- The officer’s observations of the suspect’s erratic driving (before the stop) and slurred speech and actions/mannerisms (during the stop)
What this all means is that officers don’t necessarily need the blood or breath test to pursue charges and to get a conviction. However, this evidence is easier to challenge than test results. For instance, certain medical conditions can result in the appearance of impairment. A person who is very emotional during a traffic stop could also appear impaired when they may not have been drinking or using drugs.
If officers are using probable cause to charge you with a DUI, our attorneys will look at the whole picture to get a better idea of why officers might have thought you were impaired, what factors led up to the charges being filed, and what options or defenses may be available.
Understand Your Options For Resolving The Charges
If you have been charged with drunk driving, you may have options. If you are innocent, our DUI lawyers can investigate the case, gather evidence, speak to witnesses, and fight your case in court. But you may have other options if you made a mistake. For example, there may be diversion programs available where your charges could be reduced if you agree to go into a drug or alcohol rehabilitation program. Sometimes we all need a little extra help.
When you hire our firm, we take the time to understand your personal story and the circumstances leading up to your arrest. We can then work with you to help you get the best available outcome based on the circumstances of your case, whether that is seeking dropped charges or seeking alternatives to jail time, or even reduced sentences in exchange for entering a diversion program.
You Can Face Criminal And Administrative Penalties
When you get arrested for a DUI in Florida, you have to deal with two different state entities. One of these entities is administrative: the Department of Highway Safety and Motor Vehicles, or the DMV. The other entity is the criminal justice system: the police, the prosecutor and the court.
On the administrative side of things, your license can be suspended or revoked (well before trial/conviction and even if prosecutors ultimately decline to charge you) for any of the following reasons:
- You refused to take the breath test
- An officer suspected drug use and you refused to take a urine test
- You took and failed a breath test (measuring a BAC at or above 0.08%)
For your first offense, your license will be suspended for six months if you take a breath test and receive a BAC result of .08 or higher, and it will be suspended for one year if you refuse the test. These penalties are separate from and additional to the potential penalties for a DUI criminal conviction, which could include license suspension, jail time, community service hours, assignment of an ignition interlock device, and drug or alcohol rehabilitation.
What Happens To Your License Just After Arrest?
Following a DUI arrest, you have a grace period of 10 days, during which you are allowed to continue driving under a temporary driving permit issued by the arresting officer. Typically, the DUI citation itself serves as the temporary permit. Before the grace period ends, you’ll need to request a hearing from the DMV called an Administrative Review Hearing, held by a Hearing Officer, to challenge the probable cause in your case. If you don’t make this request in the allotted time, your license will be suspended starting on day 11.
In addition to potentially allowing you to reinstate your license, the Administrative Review Hearing gives you a chance to hear all the evidence the State has against you. This in turn gives you a better chance at your criminal trial. By challenging your suspension, you also receive a 42-day extension of your temporary driving permit so long as you are only driving for business purposes.
If this is your first DUI offense, you have the alternate option of waiving your hearing and simply requesting a hardship driver’s license. Before you make any decisions about how to proceed, it is wise to consult an experienced defense attorney, as there are tradeoffs with any choice you make. Our attorneys can help you through the administrative review by finding the best approach for you, based on your particular set of facts.
Consequences Of A DUI Conviction In Florida
A first DUI offense In Florida is typically a misdemeanor. Penalties include:
- Up to six months in jail. However, if the driver had a minor in the vehicle or a blood alcohol concentration of .15 or higher, the jail sentence could be up to nine months.
- Up to one year of probation
- 50 hours of community service
- A driver’s license revocation lasting between 6 and 12 months
- 12 hours of Level 1 DUI School with a substance abuse evaluation to determine if treatment is needed
- A 10-day vehicle impound
- If the driver had a minor in the vehicle or a blood alcohol concentration of .15 or higher, he could be required to use an ignition interlock device for up to six months.
A second DUI offense in Florida is also a misdemeanor. More severe penalties include:
- A fine of between $1,000 and $2,000. However, if the driver had a minor in the vehicle or a blood alcohol concentration of .15 or higher, the fine would increase to between $2,000 and $4,000.
- Up to nine months in jail. However, if the driver had a minor in the vehicle or a blood alcohol concentration of .15 or higher, or if there was a crash, the jail sentence could be up to 12 months. If the second DUI conviction occurs within five years of the prior DUI conviction, imprisonment for no less than 10 days is mandatory.
- Up to one year of probation
- 21 hours of Level 2 DUI School with a substance abuse evaluation to determine if treatment is needed
- A driver’s license revocation lasting a minimum of 6 months and a maximum of five years
- An up to 30-day vehicle impound
- At least one year with an ignition interlock device
A third DUI offense In Florida is a third-degree felony. Penalties include:
- A fine of between $2,000 and $5,000. However, if the driver had a minor in the vehicle or a blood alcohol concentration of .15 or higher, the fine must be no less than $4,000.
- Up to five years of imprisonment in state prison if charged as a felony. Up to one year in jail if charged as a misdemeanor. If the third DUI is within 10 years of a prior DUI conviction, there is a mandatory minimum of 30 days in jail.
- A driver’s license revocation lasting up to 10 years
- 21 hours of Level 2 DUI School with a substance abuse evaluation to determine if treatment is needed
- Minimum of two years with an ignition interlock device
- A 90-day vehicle impound
A fourth or subsequent DUI offense in Florida is a felony, regardless of the number of prior convictions. Felony DUI penalties include:
- A fine of between $2,000 and $5,000
- Up to five years in state prison
- A lifetime driver’s license revocation
- Up to five years of probation
- A 90-day vehicle impound
- A permanent felony conviction on your criminal record
Our attorneys can help you understand the charges you are facing as well as your defense options.
Charges Stemming From An Accident Causing Injury Or Death
A charge of DUI with serious bodily injury can be charged as a third-degree felony.
Under the Florida statutes, the term “serious bodily injury” is defined as “. . . an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Penalties include:
- A $5,000 fine
- Up to five years in state prison
- DUI School with a substance abuse evaluation to determine if treatment is needed
- Up to five years of probation supervised by the Department of Corrections
- A three-year driver’s license revocation
DUI manslaughter is a felony DUI offense involving the involuntary taking of another life. If the state can prove that, while driving under the influence, you caused a crash that resulted in a death, then your DUI manslaughter charge will be a second-degree felony. This charge is punishable by up to 15 years in prison.
If the state can prove that, while driving under the influence, you caused a crash that resulted in a death and that you failed to stop and give information or help the person you injured, then you can be charged with a first-degree felony. This charge is punishable by up to 30 years in prison, and a minimum 4-year sentence will be imposed.
Discuss Your Rights And Legal Options With Our DUI Defense Attorneys
Much may be at stake if you have been charged with a DUI, including your ability to drive, your freedom, and your reputation. It is important to hire a DUI lawyer you trust and with whom you are comfortable. That’s why you should contact Foley & Wilson Law Firm. We have the experience, knowledge and skill you need on your side. To take advantage of a free initial consultation, call us at 239-984-9115 or send us a message online. We have offices in Fort Myers and Naples, and serve clients throughout Lee and Collier counties.