Defendant Arrested on Fourth Dui; License Suspended by Dmv
Suspension Lifted!The Charges
Police initiated a traffic stop after a Driver ran a solid red light without attempting to slow down. The Driver smelled of alcohol, had poor balance, slurred her speech, and continued to repeat bizarre statements about not causing a crash. The Driver failed Field Sobriety Testing and was arrested for her fourth DUI (Driving Under the Influence). The Defendant became enraged inside the patrol car and began kicking the divider window and threatened to jump off a bridge. The Defendant arrived at the jail screaming loudly about how she had urinated in the backseat of the Officer’s car. The Defendant refused blood alcohol testing and the Department of Motor Vehicles (DMV) suspended her license.
DUI Charges in Florida - 4th Offense
Under Florida Statute 316.193, anyone who is convicted of a 4th DUI has committed a felony in the third degree. It is considered a level 6 offense, which has 36 points. If a person has above 44 points on their record, jail time could also be a result.
A 4th DUI charge has hefty fines that start at $2,000 but do not exceed $5,000. You could also receive up to 5 years in prison and a probation period of 5 years. You will also have mandatory DUI requirements that you must complete, and your driver’s license will be suspended permanently. All of your vehicles could also be impounded.
With a 4th DUI charge, there will be a mandatory Ignition Interlock Device placed on the driver’s vehicles. This will include any vehicle the defendant drives. It will remain on the vehicle for at least 2 years.
Community service will also need to be completed by the defendant. They will also need to take a 21-hour DUI Substance Abuse Control class and undergo a thorough psychosocial evaluation.
Defenses Used for DUI Charges
A skilled and experienced lawyer will have many different defense tactics that can be used for DUI charges. These may be any one of the following:
- Unreasonable probable cause
- Insufficient probable cause
- Illegal traffic stop
- Improper field sobriety test
- Inadmissible breath results
Musca Law Firm
If you have been charged with a DUI, it is in your best interest to obtain legal services. Musca Law can assist you in court. Our attorneys will go after the prosecution to fight for your rights. We offer a free initial case consultation and we pride ourselves on answering our phones 24 hours per day to be available to our clients when they are in need of our services. Our offices are located across the state of Florida, which allows us to serve clients in multiple cities across the state. We look forward to hearing from you today to determine how our legal services could best support you and your case!
RESULT: The Defense requested a Formal Administrative Review Hearing of the Client’s suspended license case. The Defense subpoenaed the Officers at the scene to testify to the facts of the case. The Defense proved that the Officers did not properly inform the Client that her license would be suspended if she refused blood alcohol testing. The Hearing Officer agreed with the Defense and LIFTED the suspension of the Client’s license.