Being charged with driving under the influence (DUI) in Florida can be more than emotionally distressing – it can result in jail time, expensive fines, lost driving privileges, and a permanent criminal record.
If you have been charged with DUI in Florida, faster professional legal assistance improves your chances of prevailing in a criminal case. You only have 10 days to file an appeal to the pending administrative license suspension, which Florida DUI laws trigger following your criminal arrest.
At Woolsey Morcom, our DUI defense attorneys help you understand your legal options and take every necessary measure to protect your rights and liberty. Contact us today at (904) 638-4235.
Unlike other states, Florida does not treat driving under the influence of alcohol as a traffic offense. Instead, the law makes DUI a criminal offense with potentially serious consequences. To convict you of DUI, the prosecutor must prove you were in physical control of a vehicle while:
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Your faculties were impaired by alcohol, or
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Your blood alcohol content (BAC) was 0.08 percent or higher.
These laws differ slightly for individuals under the age of 21 or who drive a commercial vehicle. Anyone under the age of 21 can face a DUI charge if they have a BAC of 0.02% or higher, and a commercial driver can face a DUI charge if they have a BAC of 0.04% or higher.
At Woolsey Morcom, we assist in DUI cases regardless of breath or blood test results over 0.08. We will build an individual defense strategy based on the evidence against you and the circumstances of your case. The sooner you call, the sooner we can begin protecting your rights.
Possible Penalties for a DUI in Florida
A DUI conviction in Florida carries many possible penalties, both from the criminal court and the Florida Department of Highway Safety and Motor Vehicles. The court can impose a sentence for probation, fines, or even jail time, along with other requirements such as drunk driving education classes or community service.
The following are possible penalties for a first DUI conviction in Florida:
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DUI First Offense
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Fine of up to $1,000
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Imprisonment for up to 6 months or probation for up to a year
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License revocation for a minimum of 6 months
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Mandatory 50 hours of community service
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Second DUI Offense
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Fine of up to $2,000
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Imprisonment for up to 9 months
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Minimum sentence of 10 days if convicted within 5 years of a first offense
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License revocation for a minimum of 6 months and 5-year license revocation if convicted within 5 years of a first offense
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Third DUI Offense
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Fine of $1,000 – $2,500, or $2,000 – $5,000 if convicted within 10 years of a first offense
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Imprisonment for up to 12 months, with a minimum sentence of 30 days if convicted within 10 years of a first offense
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License revocation for 5 years, or 10-year license revocation if convicted within 10 years of a first offense
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Fourth DUI Offense
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Minimum fine of $1,000
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Prison sentence of up to 5 years
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Permanent license revocation
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The specific penalties you face depend on whether you are accused of causing bodily injury and whether you have prior DUI convictions within a certain period.
You only have 10 days after a DUI arrest to take action before the Department of Highway Safety and Motor Vehicles attempts to suspend your driver’s license. If one does not act during these ten days, they will face DUI penalties, including potential license suspension.
Florida DUI Defenses
Many defenses are available to people arrested and charged with DUI in Florida. Each DUI case is unique and requires a full investigation for every possible defense. Even in DUI cases with overwhelming evidence of guilt, a properly prepared defense can significantly reduce the penalties a defendant receives.
The following list contains some of the Florida DUI defenses that may apply in your case:
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Physical Evidence: This type of evidence may involve items such as video, photographs, tire tracks, receipts, etc. Several defenses may exist regarding physical evidence law enforcement collects in a case. For example, the collected evidence might not be consistent with the crime charged, or improper procedures might have been used in its collection.
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Suppression of Evidence: In many cases, courts may suppress evidence due to improper search and seizures. This means the evidence would not be usable against the defendant at trial, making it difficult or, in some cases, impossible for the State to prove its case.
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Suppression of Statements: Often, due to a lack of warnings or improper interrogation techniques, courts may suppress a defendant’s statements. In some cases, suppressing the defendant’s confession or statements could be the difference between a guilty or not guilty verdict.
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Inadequate Investigation: Many times, law enforcement will not thoroughly investigate a case, or they may conduct improper investigations. This can result in several defenses in a case. For example, evidence not collected or tested by law enforcement might have provided information as to the defendant’s innocence.
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Testimonial Evidence: This type of evidence involves the statements of any victims, witnesses, and police officers related to the crime. Several defenses may exist regarding any testimonial evidence in a case. For example, contradictions might exist between the victim’s, witnesses’, or officers’ versions of events.
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The Defendant’s Evidence: In some cases, the defendant may provide evidence or defenses that help show their innocence or weaken the case against them. For example, alibi evidence could contradict the State’s case, or the defendant might have had physical or medical conditions that affected them.
See a Lawyer!
Our team at Woolsey Morcom is diverse and highly experienced. Our attorneys are professionals in every field, delivering unparalleled results in DUI cases. Put our attorneys’ collective experience in your corner and rest assured that your case is in the best hands.
Contact our firm online or call at (904) 638-4235 for a Free Consultation right away.
