Driving Under the Influence (DUI) Defense Lawyers in Sarasota County, Florida

Sarasota County Driving Under Influence (DUI) of Alcohol or Drugs - Laws, Charges, Punishments, and Legal Defenses

Sarasota County, Florida is located on the southwest side of Florida and borders the Gulf of Mexico. According to data published in the 2010 U.S. Census, Sarasota County is a moderately populated county with over 379,000 residents. The City of Sarasota is the county seat of Sarasota County, Florida. Sarasota has a population of over 57,700 residents. The most populous city in Sarasota County, Florida is North Port with a population exceeding 68,500 people according to the 2018 U.S. Census. Sarasota County is part of the North Port-Sarasota-Bradenton, Florida Metropolitan Statistical Area (MSA). The Sarasota County Justice Center is located at 2071 Ringling Blvd., Sarasota, FL 34237. According to data released by the Florida Department Law Enforcement and Motor Vehicles^(.pdf), Sarasota County has 759 DUI arrests in 2019.

(DUI) Driving Under the Influence in Sarasota County, Florida

Florida's Driving Under the Influence law is similar to the Driving Under the Influence laws of most other states in the United States regarding the legal blood-alcohol content (BAC) limit of .08% or less. All licensed drivers residing or visiting the State of Florida should possess a general understanding of the consequences of a DUI charge and subsequent arrest in the State of Florida.

Musca Law's DUI Defense Lawyers have more than 150 years of combined trial experience representing people who are charged with DUI and all other criminal charges. Our law firm is dedicated to defending the constitutional rights of individuals throughout the State of Florida. If you or a member of your family facing a DUI charge, you need to talk with one of our experienced DUI Defense Lawyer as soon as possible. The longer you wait before obtaining sound legal advice from one of our experienced attorneys, the more challenging it will be to protect you or your loved one from the severe punishments that come as a result of a DUI conviction. At Musca Law, our legal team is standing by to help you 24/7. Contact our Sarasota County DUI Defense Attorneys to discover how we can help you fight your Sarasota DUI charge. Call Musca Law 24/7 at (888) 484-5057.

Florida DUI Laws, Penalties, and Additional Consequences

In the State of Florida, DUI charges range from misdemeanor charges to severe first-degree felonies.

Under Florida Statute Section 316.193(1), a person could face a DUI charge if the prosecutor is able to establish:

The person facing DUI charges was driving or in actual physical control of a vehicle; and

• The person was under the influence of alcohol, a chemical substance, or a controlled substance, and was intoxicated to the extent that the “person’s normal faculties are impaired;
• The person had a blood-alcohol level of .08 or more grams of alcohol per 100 milliliters of blood; or
• The person had a breath-alcohol level of .08 or more grams of alcohol per 210 liters of breath.

The standards mentioned above must be established in order for an alcohol-related DUI charge to be prosecuted in the State of Florida. DUI offenses could become more serious offenses when additional unlawful activities occurred during or after the roadside DUI investigation. By way of example only, a driver may have been convicted of other DUI offenses in the past. Also, DUI charges become more severe if the DUI involved an accident, injures, or kills another person.

Criminal Penalties Resulting from Various DUI Convictions

Under Florida law, the following penalties apply to DUI offenses:

DUI Charge	Classification	Maximum Jail Time	Maximum Fine
First DUI Offense with BAC of .08 or more	Unclassified Misdemeanor	6 Months	$1,000
First DUI Offense with Minor Under 18 in Vehicle	Unclassified Misdemeanor	9 months	$2,000
First DUI Offense for BAC of .15 or more	Unclassified Misdemeanor	9 months	$2,000
Second DUI Offense with BAC of .08 or higher	Unclassified Misdemeanor	9 Months	$2,000
Second DUI Offense with BAC of .15 or higher	Unclassified Misdemeanor	1 Year	$4,000
DUI Offense Involving Damage to Property	First-Degree Misdemeanor	1 Year	$1,000
Third DUI Offense More than 10 Years After Prior Offense	Unclassified Misdemeanor	1 Year	$5,000
Third Offense within 10 Years	Third-Degree Felony	5 Years	$5,000
Fourth or Subsequent DUI Offense	Third-Degree Felony	5 Years	$5,000
DUI Involving Serious Bodily Injury	Third-Degree Felony	5 Years	$5,000
DUI Manslaughter (death of another person or unborn child)	Second-Degree Felony	15 Years	$10,000
DUI Manslaughter Involving Driver Who Failed to Render Aid	First-Degree Felony	30 Years	$10,000

 

What You Should Know About "Police Officer Discretion" during a Florida DUI Investigation

Although most DUI charges are related to driving under the influence of alcohol, many DUI arrests are drug-related. Oftentimes, DUI arrests are the consequence of an individual's behavior. If the operator's "normal faculties are impaired," the motor vehicle operator could be arrested and charged with Driving Under the Influence of Drugs despite a police officer's inability to prove, at the time of the driver's arrest, that he or she is driving while under the influence of drugs. Whether the motor vehicle operator's "normal faculties are impaired" were actually impaired or not will be in dispute while your attorney is defending you against your Florida DUI charges.

Whether an individual was driving or in "substantive physical control" of a vehicle might likewise be disputed during a DUI trial. One police officer might determine that a driver was in complete control of a car while a different police officer believes the driver did not have control over the vehicle. By way of example, in circumstances where an operator is in the driver's seat of a parked motor vehicle and the vehicle's ignition is turned off. This scenario is very common, and law enforcement officers are required to make a "judgment call" when deciding if a driver has broken the law or not. "Judgement calls" do not always lead to an accurate conclusion or result. When police officers have the authority to make "judgment calls," they can make errors. By way of example, a police officer could fail to read the operator his or her Miranda rights.

Although police discretion might be necessary for certain situations, this opens the door to DUI charges that may not be justified. If you or your loved one wants the best possibility of beating a DUI charge in Sarasota County, you or your loved one must move quickly meet with one of our experienced Sarasota County DUI Defense Attorneys.

The Reduction or Dismissal of DUI Charges in Sarasota County, Florida

The primary goal when fighting DUI charges in Sarasota County, Florida, is to have the charges dismissed. If the Sarasota County prosecutor is incapable of establishing all of the components of showing a DUI offense has happened, the offender might have the opportunity to file for a dismissal of the DUI charges. But many defendants who choose to represent themselves or those who decided to be represented by a public defender don't always achieve a favorable result in their case. Public defenders are qualified and hardworking legal professionals. But state agencies don't have the resources that a private criminal defense law firm with a sizable team of lawyers and support staff.

If a defendant doesn't have a criminal record, he or she has a good chance of either having adjudication withheld or having DUI his or her charges dismissed as long as the prosecution's evidence is not sufficient, if the prosecutor fails to secure a conviction in the DUI criminal trial. When adjudication is withheld, the offender will undergo probation and will be required to finish a set of extra requirements, which may include one or more of the following:

• Community service;
• Installation of an ignition interlock device on the accused person's vehicle;
• Successful completion of alcohol and drug abuse counseling;
• Submission to routine and/or random alcohol and drug testing;
• Successful completion of alcohol and drug abuse education courses; and
• Suspension or revocation of a driver's license.

These penalties and punishments may also be required on those who have been convicted of DUI in Florida. When adjudication is withheld in a DUI case, the defendant has the opportunity to avoid having a DUI conviction on his or her criminal record.

The Non-Criminal Consequences of a DUI Conviction in Sarasota County, Florida

If someone is convicted of driving under the influence in Sarasota County, Florida, the operator will face harsh consequences that will reach far beyond costly fines and time in jail. Examples of such penalties include, and are not be limited to, the following:

• A criminal record that is publicly-viewable;
• Difficulty traveling to and from work or school;
• Difficulty obtaining employment;
• Difficulty renting a home or apartment;
• Difficulty obtaining credit;
• Difficulty being accepted to a college or university; and
• A tarnished reputation that may cause one to lose his/her job, lose friends, and generally be seen as a criminal.

Although some of these punishments may not negatively affect all people convicted of a DUI in Florida, a criminal record creates many hurdles for people. For example, a DUI conviction will show up on an employment background check. DUIs surely are not as severe as murder, violent crimes, or crimes of dishonesty (such as embezzlement), however having a criminal record still attaches a stain on a person's reputation regardless of the unique facts of that person's DUI case.

The Arrest and Detention Process for Suspected DUI in Sarasota County, Florida

Florida law grants police officers the authority to hold an assumed offender for a certain number of hours following an arrest on probable DUI charges.

According to Florida Statute Section 316.193(9), an operator arrested on suspicion of driving under the influence is obligated to remain in police custody until one of the following have been satisfied:

• The person is no longer under the influence of alcohol, chemical substances, or controlled substances to the extent that such intoxication has impaired the person's normal faculties;
• The person's blood-alcohol level or breath-alcohol level is less than .05; or
• Eight hours have elapsed from the time the person was arrested.

While law enforcement officers are permitted to hold people in custody in accordance with Florida law, it is not unusual for offenders to be held longer than allowed under Florida law. In cases such as these, it is especially important to talk with one of our experienced Sarasota County DUI Defense Lawyers as soon as practicable subsequent your arrest. Regrettably, if a defendant doesn't quickly retain an attorney, some people will struggle to get a favorable result.

Steps to Developing a Powerful Defense to a Sarasota County DUI Charge

Even the best DUI lawyer in Florida cannot promise to a client that they will receive any specific outcome in their case. This is because Florida law prohibits attorneys from guaranteeing or promising a particular result in a case. However, following the following six steps, those with pending DUI charges in Sarasota County, Florida, give themselves the best chance of reaching a desirable result, which might help defendants avoid the harshest penalties under Florida law.

• Step 1 – Upon arrest, refuse to answer any law enforcement questions. Rather, you should keep silent and tell all officers that you want to call an attorney. It is also essential to remain calm, respectful, and polite to law enforcement officers. Any bad behavior will hurt your case moving forward. The most beneficial approach to a legal situation is to remain cooperative, silent, and do not give up your legal rights.
• Step 2 – Call Musca Law and speak with one of our experienced Sarasota County DUI Defense Lawyers as soon as possible following your arrest. If you are allowed to make a phone call, your first phone call should be to Musca Law or to a close family member or friend who can call Musca Law on your behalf. Do not delay a few days or weeks to contact an attorney. Speaking with one of our experienced attorneys should be your number one priority.
• Step 3 – Retain an attorney who concentrates his or her practice exclusively on criminal law. Many lawyers in Sarasota County, Florida, have general law practices and handle several types of legal matters. Many of these law firms handle DUI cases but also handle cases involving real estate, business law, medical malpractice, personal injury, family law, workers' compensation, and many other non-criminal areas of practice. While these law firms might hire skilled attorneys, an attorney who limits his or her practice solely on criminal law will have the criminal courtroom experience that your Florida DUI case may require.
• Step 4 – Be straightforward with your DUI defense lawyer about your legal matter. The conversations that you have with your lawyer are always kept confidential, and that information is protected. Also, your lawyer cannot disclose the information you provide to him or her. Your defense attorney must know all of the details of your legal matter. This will help your DUI defense attorney better prepare your defense against DUI charges in Sarasota County, Florida. If you provide missing information or give your attorney false information, this will be extremely damaging to your case, and any attempt to have your DUI charge dropped or will harm your chances of reducing your charges to a less serious criminal offense. If a defendant has a criminal history (criminal convictions in Florida or another state), you must tell your attorney about every detail in your criminal history regardless of how many years have passed. Even if charges were dropped, your criminal history is crucial information to your attorney.
• Step 5 – Attend all meetings with your attorney, hearings, and court appearances, as directed by your DUI lawyer. Arrive at these hearings and meetings early. There are no acceptable excuses for being late for your court hearing. If you are late to your court hearings or if you fail to make an appearance, the judge will likely issue a warrant for your arrest. You do not need any more headaches on top of an already stressful legal issue. Also, be respectful and courteous in court. It is essential that you make every effort to make a good impression. Be sure to dress professionally. When you dress professionally, and you act respectfully to the judge, prosecutors, witnesses, police, and all parties involved, this can make a positive impact.
• Step 6 – Understand and follow your attorney's guidance. Remember, your private DUI Defense Lawyer is fighting for you, and he or she always has your best interests at heart. Your private attorney is paid to fight hard for you and work hard to protect your legal rights. However, your criminal defense attorney can only do the best work attainable when clients follow directions and are helpful. By way of example, if your DUI lawyer states you are not to drive during your DUI case, do not drive. Do not drive your car or anyone else's car. This directive is obvious, however many people facing a DUI trial proceed operating a motor vehicle although they are not permitted to drive. Your defense attorney may be able to help a first-time DUI defendant procure limited driving privileges while the DUI charges are pending. But this privilege must be authorized through the proper governmental agencies.
• Step 7 – Allow your DUI attorney time to evaluate all evidence against you. It is essential to allow your attorney to the opportunity to decide if there are grounds to seek a dismissal of your DUI charge and to explain your legal options to you. A defendant's criminal history may have a significant impact on your case. Your defense attorney may be able to work with county prosecutors to consider dropping or reducing your DUI charge.
• Step 8 – Believe that your DUI lawyer will do the best job possible to help you avoid harsh punishments such as jail time and fines. If a DUI case involves property damage, death, or physical injuries to another person, jail time cannot be avoided in any plea deal. To avoid severe punishments, the defendant with have to successfully defend themselves to have the charge dismissed on legal grounds, or the defendant must be found "not guilty" at trial. Although DUI charges are serious, jail time may be avoidable in a first time DUI offense as long as you follow all conditions of the Florida alternative program, which withholds adjudication.

Defend Your Legal Rights by Speaking With One of Our DUI Defense Attorneys Today

If you or a family member are facing a DUI charge in Sarasota County, or anywhere in the State of Florida, you must take prompt action and talk with one of our veteran Sarasota Criminal Defense Lawyers. Our lawyers can thoroughly evaluate your case and provide you with valuable insights. At Musca Law, our DUI lawyers work very hard to develop the best DUI defense on behalf of our clients. Our award-winning trial attorneys represent clients with all sorts of criminal cases throughout the State of Florida. To understand your legal options and to defend yourself against a Sarasota County DUI charge, contact Musca Law by calling (888) 484-5057.