Defendant Blew .145 & .159 Breathalyzer Test; License Suspended

The Charges

An officer initiated a traffic stop after a driver drifted in-between lanes, braked erratically, and almost drove over the median. The officer noticed that the driver had slurred, mumbled speech and reeked of alcohol. The defendant failed Field Sobriety Testing and blew .145% and .159% Breathalyzer tests. The Department of Highway Safety and Motor Vehicles suspended the defendant’s license for driving under the influence (DUI) of alcohol.

Driving Under the Influence

Driving under the influence has a long list of penalties. These include fines, jail time, probation, and much more. All first- time offenders will be required to complete at least 50 hours of community service. The offender’s driver’s license will also be suspended from six months to one year. The offender’s vehicle will also be impounded for ten days. 

There are enhanced penalties when an individual has a BAC (blood alcohol content) of .15% or higher. If the driver injured someone, committed property damage, or there was a person under 18 years of age with them at the time of driving under the influence, there will also be an enhanced penalty. 

A first-time offender will receive a maximum of six months in jail for a DUI charge. However, if their BAC was .15% or higher, this could result in up to nine months of jail time. If there were minor injuries or property damage, the time will be increased to up to one year, while any serious bodily injury will be given five years of jail time. 

Fines for a first-time offender start at $500 with a $1,000 cap. Fines will increase to $1,000 to $2,000 if your blood alcohol level was .15% or higher or you had a person under the age of 18 with you. Fines could be up to $5,000 if there is any bodily injury. 

Ignition interlock devices can be required if the judge feels the need for one. It is mandatory for a person who had a BAC .15% or higher or if there was a person under the age of 18 with them at the time of the DUI. This will be in place for a minimum of 6 months. 

Legal Services For a DUI Charge

If you need legal services for a DUI charge, please do not hesitate to call Musca Law. We serve all of Florida, with multiple offices located in various cities across the state for your convenience. We accept phone calls 24 hours per day, 7 days per week so that we are available when you most need us. With over 150-years of combined experience among our team of lawyers, we are not afraid to negotiate aggressively with the prosecution on your behalf. In many of our cases, we have had charges completely dropped or lowered significantly due to our strategic legal advocacy. Call us today for a free, no-obligation case consultation to determine how our legal services could best support you!

RESULT: The defense requested a Formal Administrative Review Hearing of the client’s case with the Department of Motor Vehicles (DMV). The defense subpoenaed the arresting officer to testify at the hearing. The defense successfully argued that the officer lacked probable cause to initiate a stop. The Hearing Officer ruled in the defense’s favor and LIFTED the suspension of the client’s license.