Defendant Charged with Second DUI after Driving through Checkpoint

The Charges

Driver entered a sobriety checkpoint, and the officer noticed the driver smelled of alcohol and exhibited signs of intoxication. The driver failed field sobriety testing and possessed a blood alcohol concentration (BAC) level of .118% and .117%, both results being well above the legal limit of .08%. Officers arrested the defendant and charged him with DUI (Driving Under the Influence), which was his second such offense.

DUI Charges, Second Offense

A second offense DUI charge is serious business. There are many penalties that the driver will face, which include the following:

• A second offense that has occurred within the past five years will result in a minimum of 10 days of jail time. The circumstances of the DUI will reveal the maximum time that an offender can spend in jail. A standard second DUI will typically receive 9 months in jail. However, if the blood alcohol level was .15% or higher, one year can be spent in jail. One will also spend up to one year in jail if they have a passenger that is under the age of 18 with them at the time of the incident.  
• Fines are also a penalty of any DUI charges. Standard fines range from $1,000 to $2,000. If there is a passenger under 18 in the vehicle or the blood alcohol level was .15% or higher, fines will range from $2,000 to $4,000.
• A second DUI charge will result in a license suspension of at least 5 years if the second DUI charge occurred within 5 years of the first DUI. 
• The car will be impounded for at least 30 days if the second DUI charge happened within a 5-year span of the first DUI.  
• Ignition Interlock Devices are mandatory for at least one year following a second DUI charge. 

Motion to Suppress Evidence

A motion to suppress evidence is made by the defendant or their attorney to the judge to have some of the evidence excluded from the trial. This motion is made in advance before the trial begins. The reason for filing such a motion is because the evidence was obtained illegally or was in violation of the defendant’s rights. Any evidence that is used in a case must be relevant and competent to the case.  

Retaining Lawyer Services

If you have been charged with your second DUI, it is in your best interest to get in touch with a criminal defense lawyer. A skilled attorney will be able to negotiate with the prosecution and provide a strong and strategic defense to have charges lowered or dropped.  

If you are in need of legal services, please call Musca Law Firm. We serve the entire state of Florida with offices located in multiple cities for your geographical convenience. We offer free, no-obligation case consultation sessions over the phone to be able to determine what legal services would best support you and your needs. Don’t hesitate to call us today at (888) 484-5057 to speak with one of our experienced attorneys.

RESULT: The defense filed a motion to suppress evidence based on the constitutionality of the checkpoint. The defense convinced the State to avoid an additional hearing on the motion in exchange for reducing the charges resulting in NO DUI CONVICTION!