Understand the Legal Ramifications of DUI with a Minor in the Car and How to Protect Your Rights in Florida
When you're facing a felony DUI charge with a minor in the vehicle in Florida, the stakes are incredibly high. A conviction carries severe penalties that can impact your freedom, finances, and future. Florida takes DUI cases involving minors very seriously, treating them as aggravated offenses with harsher punishments than standard DUI charges. If you're in this situation, you must understand the potential consequences and how to defend yourself effectively.
Florida DUI Laws and Aggravated DUI Charges
Florida's DUI laws are governed by Florida Statutes § 316.193. A driver is considered to be driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher or if their normal faculties are impaired by alcohol or drugs. While most DUIs are charged as misdemeanors, certain aggravating factors can elevate the offense to a felony. One such factor is having a minor under the age of 18 in the vehicle at the time of the offense.
Under Florida Statutes § 316.193(4), a DUI offense becomes a third-degree felony if the incident involves a minor passenger. This elevation applies regardless of whether it’s a first-time DUI charge or a repeat offense. The law recognizes the heightened risk to children when adults drive under the influence, which is why penalties for this offense are significantly more severe.
Potential Penalties for Felony DUI with a Minor
A conviction for felony DUI with a minor can result in life-altering consequences. These penalties include:
- Imprisonment: A third-degree felony carries a maximum prison sentence of up to 5 years under Florida Statutes § 775.082.
- Fines: You may face fines up to $5,000.
- Driver’s License Suspension: A felony DUI conviction can lead to a long-term or permanent loss of driving privileges.
- Mandatory Alcohol and Drug Counseling: Court-ordered substance abuse treatment is often required.
- Probation: You could be placed on probation with strict conditions.
- Ignition Interlock Device (IID): Installation of an IID may be required once your license is reinstated.
- Permanent Criminal Record: A felony conviction will remain on your record, potentially affecting your ability to secure employment, housing, or professional licenses.
The presence of a minor as a passenger underscores the seriousness of the offense, increasing the likelihood of more severe sentencing.
Defending Against a Felony DUI Charge with a Minor in the Vehicle
Every DUI case is unique, and there are several potential defenses to a felony DUI charge involving a minor. As your attorney, my goal is to analyze every detail of your case to identify opportunities to challenge the evidence and protect your rights. Here are some common defense strategies:
- Challenging the Traffic Stop: If the officer lacked reasonable suspicion to pull you over, any evidence obtained during the stop may be inadmissible in court.
- Questioning Field Sobriety Tests: Field sobriety tests can be subjective and influenced by factors like medical conditions, poor lighting, or uneven surfaces.
- Disputing the BAC Results: Breathalyzer and blood tests are not foolproof. Faulty equipment, improper administration, or contaminated samples can lead to inaccurate results.
- Arguing Lack of Impairment: Even if your BAC was above the legal limit, it may not necessarily mean your faculties were impaired.
- Violation of Constitutional Rights: If law enforcement violated your constitutional rights during the arrest, certain evidence could be suppressed.
The Importance of Acting Quickly
Time is of the essence when facing a DUI charge. In addition to the criminal case, you’ll also have to address administrative penalties imposed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). You have only 10 days from the date of your arrest to request a formal review hearing to challenge the suspension of your driver’s license.
Failing to act within this timeframe means your license will automatically be suspended. By contacting a qualified DUI defense attorney immediately, you can ensure all deadlines are met, and your rights are protected.
Protecting Your Future
When a minor is involved in a DUI charge, the court and prosecutor are likely to pursue the harshest penalties possible. However, a charge is not a conviction. With the right defense strategy, it’s possible to minimize the consequences or have the charges dismissed altogether.
At Musca Law, we understand how overwhelming it can be to face these accusations. We take the time to thoroughly investigate your case, evaluate the evidence, and build a defense tailored to your situation. Our goal is to help you move forward with your life while safeguarding your future.
Florida DUI FAQs
How does Florida define a felony DUI with a minor in the car?
Florida considers DUI with a minor in the vehicle as an aggravated offense under Florida Statutes § 316.193(4). This charge is automatically elevated to a third-degree felony due to the heightened risk posed to the minor.
What happens if I refuse a breathalyzer test with a minor in the car?
Refusing a breathalyzer test in Florida can result in an automatic suspension of your license under Florida’s Implied Consent Law. When a minor is involved, refusal may also be used as evidence of guilt, potentially increasing penalties.
Can I get my charges reduced?
Depending on the facts of your case, it may be possible to negotiate a plea deal to reduce the charges. This often involves arguing mitigating circumstances or demonstrating flaws in the prosecution's evidence.
Is jail time mandatory for a felony DUI with a minor?
While jail time is not always mandatory, it is highly likely in felony cases involving minors due to the aggravating circumstances. An experienced attorney can advocate for alternatives such as probation or treatment programs.
Can I expunge a felony DUI from my record in Florida?
Felony DUIs are generally not eligible for expungement under Florida law. However, if the charges are dismissed or you’re acquitted, you may be eligible to have your record sealed.
What should I do immediately after being arrested for felony DUI with a minor?
The first step is to contact an experienced Florida DUI lawyer to discuss your case. Acting quickly ensures your rights are protected, and deadlines like the 10-day window to challenge a license suspension are met.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.