DUI Defense Lawyers in Alachua County, Florida

Florida Driving under the influence (DUI) Laws, Penalties, and Defenses

Driving under the influence (DUI) of drugs or alcohol under Florida law is a serious criminal matter even though (1) DUIs are generally on the decline, and (2) many DUI cases are negotiated to lesser offenses, helping many individuals avoid jail time. One DUI offense may seem minor, but if that offense involves aggravating conduct, such as bodily injury, the charge can become a felony. If you are facing DUI charges in Alachua County, whether such charges are misdemeanors or felonies, you need to retain a strong advocate who can defend your legal rights and help you fight the DUI charges.

Musca Law is a well-known criminal defense law firm that provides legal representation to individuals charged with a variety of crimes throughout the state of Florida. Our Alachua County DUI Defense Lawyers handle nothing but criminal law and protective injunctions/restraining orders. By devoting their entire practice to representing the accused, our team of lawyers at Musca Law have significant experience and knowledge in handling the most serious of criminal matters. No DUI matter is too large or small for Musca Law. To learn how the Alachua County DUI Defense Lawyers of Musca Law can help you, contact our office today by calling (888) 484-5057. Our lawyers are available 24/7 to provide you legal guidance.

Florida’s Driving Under the Influence (DUI) Laws and Penalties in Alachua County, Florida

Florida’s DUI laws impose jail time and fines for any person who is ultimately convicted. While most DUIs are misdemeanors, some are felonies that can land a person in jail for many years or even decades. Like most states, Florida’s legal limit of alcohol is .08, but many DUIs involve the alleged use of drugs where the legal limit does not apply. Per Florida Statute Section 316.193(1), a person may be convicted of driving under the influence if:

  • The driver was in actual physical control of the vehicle at issue in the alleged DUI offense; AND
  • The accused driver’s normal faculties were impaired by the use of alcohol or drugs; OR
  • The accused driver’s blood-alcohol level was .08 or more grams of alcohol per 100 milliliters of breath; OR
  • The accused driver’s breath-alcohol level was .08 or more grams of alcohol per 210 liters of breath.

Many DUI cases involve a field sobriety test and/or breathalyzer test to measure the level of alcohol in a driver’s system. If a driver fails a field sobriety test and/or blood-alcohol content (BAC) results are above the legal limit, the driver will likely be arrested on suspicion of drunk driving and taken into custody. If a driver passes a field sobriety test and has a BAC reading of below the legal limit in Florida, the driver may either be let go or may still be arrested and detained based on the officer’s belief that the driver’s normal faculties were impaired, perhaps by drugs rather than alcohol.

Categorization of DUI Charges in Alachua County, Florida

DUI charges and the penalties associated with conviction of DUI charges can have a detrimental impact on one’s life. Pursuant to Florida law, DUI charges ranging from unclassified misdemeanors to first-degree felonies are as follows:

  • First DUI with BAC of .08 or Greater – If convicted of a first DUI offense involving a BAC of .08 to .14, which is an unclassified misdemeanor, the convicted person faces up to six months in jail and a fine of up to $1,000.
  • First DUI with Minor Under 18 as Passenger in the Vehicle – If convicted of a first DUI offense involving a passenger in the vehicle under the age of eighteen, which is an unclassified misdemeanor, the convicted person faces up to nine months in jail and a fine of up to $2,000.
  • First DUI with BAC of .15 or Greater – If convicted of a first DUI offense involving a BAC of .15 or greater, which is an unclassified misdemeanor, the convicted person faces up to nine months in jail and a fine of up to $2,000.
  • Second DUI with BAC of .08 or More – If convicted of a second DUI offense involving a BAC of .08 to .14, which is an unclassified misdemeanor, the convicted person faces up to nine months in jail and a fine of up to $2,000.
  • Third DUI More than 10 Years After Prior DUI – If convicted of a third DUI offense that occurs more than ten years after the prior DUI offense, which is an unclassified misdemeanor, the convicted person faces up to one year in jail and a fine of up to $1,000.
  • DUI Involving Property Damage – If convicted of a DUI offense involving property damage, which is a first-degree misdemeanor, the convicted person faces up to one year in jail and a fine of up to $1,000.
  • Second DUI with BAC of .15 or Greater – If convicted of a second DUI offense involving a BAC of .15 or greater, which is an unclassified misdemeanor, the convicted person faces up to one year in jail and a fine of up to $4,000.
  • Third DUI Within 10 Years of Prior DUI – If convicted of a third DUI offense within ten years of the prior DUI offense, which is a third-degree felony, the convicted person faces up to five years in jail and a fine of up to $5,000.
  • Fourth DUI – If convicted of a fourth DUI offense, which is a third-degree felony, the convicted person faces up to five years in jail and a fine of up to $5,000.
  • DUI Involving Bodily Injury – If convicted of a DUI involving bodily injury, which is a third-degree felony, the convicted person faces up to five years in jail and a fine of up to $5,000.
  • DUI Manslaughter (Death of Another Person or Unborn Child) – If convicted of DUI manslaughter, which is a second-degree felony, the convicted person faces up to fifteen years in jail and a fine of up to $10,000.
  • DUI Manslaughter with Failure to Render Aid – If convicted of DUI manslaughter involving a failure to render aid, which is a first-degree felony, a convicted person faces up to thirty years in jail and a fine of up to $10,000.

Alachua County prosecutors often seek the maximum penalty in DUI cases that involve some type of aggravating factor. Whether you are facing a first-time DUI that carries minimal jail time or you are facing felony DUI, you must act quickly by calling an Alachua County DUI Defense Lawyer to protect your rights.

Additional Penalties Associated with DUI Convictions in Alachua County, Florida

The penalties associated with DUI convictions are not limited to jail time and fines. If a person spends time in jail for any DUI offense, he or she will likely face additional consequences upon release that limit rights. Moreover, if a person avoids jail time for a DUI offense by pleading guilty to a less serious offense, he or she will face consequences that limit rights. Examples of consequences resulting from a DUI case – whether the case results in a plea agreement or conviction at trial – include, but may not be limited to, the following:

  • Probation;
  • The requirement to undergo counseling for mental health and/or substance abuse;
  • The requirement to attend educational courses;
  • The requirement to be subject to random drug and alcohol testing;
  • The requirement to complete community service hours;
  • The requirement to install an ignition interlock device on all vehicles driven by the convicted person;
  • The temporary or permanent revocation of the convicted person’s driver’s license;
  • The mandatory impoundment of the convicted person’s vehicle;
  • The loss of the right to own or possess firearms (for individuals convicted of felony DUI); and
  • A criminal record that reveals damaging information that may make it difficult to handle life’s basic needs, such as, among others, employment, a place to live, the ability to obtain credit, and the ability to attend a college or university.

While avoiding jail time is a good result for many DUI cases, violating the terms of a plea agreement can lead to jail time and the possibility of facing additional charges. As such, all DUI matters should be taken seriously with the help of an experienced Alachua County DUI Defense Lawyer.

How to Dismiss DUI Charges in Alachua County, Florida

Not all criminal charges result in a plea agreement or a conviction at trial. In many cases, prosecutors either lack sufficient evidence to find a defendant guilty or have obtained evidence in a way that violates the law and infringes on a defendant’s constitutional rights. Whatever the case may be, if valid legal grounds exist to dismiss a DUI case, the right Alachua County DUI Defense Lawyer will raise the proper legal defenses to the court. While efforts to dismiss DUI cases are not always successful, a superior Alachua County DUI Defense Lawyer will make every effort to reach a result that is fair and reasonable.

If a defendant in a DUI case claims innocence and the prosecution lacks evidence of intoxication, such as in the case where a defendant passes a field sobriety test as well as a breathalyzer test, the lawyer handling the matter will poke holes in the prosecution’s case. If the only evidence to suggest a defendant was intoxicated is the arresting officer’s impressions, dismissing a DUI case may be achievable. If an arresting officer fails to read a defendant his/her Miranda rights upon arrest or elicits a false confession, the lawyer handling that matter can seek dismissal of all charges from the court.

When dismissal of DUI charges is unsuccessful, an Alachua County DUI Defense Lawyer will attempt to reach a fair plea agreement with the prosecution. When a DUI involves felony conduct, a satisfactory result may be to plead guilty to a misdemeanor offense and serve minimal jail time. If a prosecutor will not agree to any plea deal, an Alachua County DUI Defense Lawyer will take the matter to trial and raise doubt in the prosecution’s case.

DUIs and the Arrest and Detention Laws – What You Should Know

Under Florida law, law enforcement officers have the discretion to detain a person suspected of driving while intoxicated for a limited time following arrest. Per Florida Statute Section 316.193(9), law enforcement officers can keep a suspect in custody until one of the following has been satisfied:

  • The suspect’s BAC reading is less than .05;
  • The suspect’s normal faculties do not appear to be impaired by drugs or alcohol any longer; or
  • The suspect has been detained for at least 8 hours.

Officer discretion is a power yielded to those in law enforcement that, if abused, can violate a person’s constitutional rights. Therefore, it is of utmost importance that a person arrested on suspicion of driving under the influence of alcohol or drugs contact a reputable Alachua County DUI Defense Lawyer as soon as possible after being arrested and detained.

Your Choice of a Lawyer May Be The Most Important Decision You Will Make

Some individuals arrested and charged with driving under the influence choose to represent themselves in court, which is known as proceeding in the matter “pro se.” Although some defendants representing themselves pro se may be successful, most defendants do not have the requisite knowledge to properly raise defendants that could set them free. Choosing to fight alone after being charged with driving under the influence in Alachua County is a very risky move. Rather than risk being found guilty at trial or failing to reach a good plea agreement, a defendant should strongly consider finding an Alachua County DUI Defense Lawyer with a reputation for success.

Because legal fees can be costly, many defendants choose to immediately work with a public defender without speaking with any private law firms. While public defenders are excellent lawyers, they are not provided the same resources that qualified Alachua County DUI Defense Lawyers possess to successfully defend a case in court. Public defenders are often overworked and may not achieve the best result possible in a given DUI case. As such, a defendant should at least speak with experienced Alachua County DUI Defense Lawyers to discuss the cost of legal representation and how arrangements can be made that are manageable to the client. Given the severe consequences of conviction, the cost of paying a qualified Alachua County DUI Defense Lawyer is well worth it.

Do Your Research When Retaining an Alachua County DUI Defense Lawyer

Many lawyers profess to have sufficient experience in the courtroom to successfully defend a DUI case in Alachua County. However, such statements should be researched for their accuracy. If a lawyer or law firm is not transparent about what they do, how much experience they have, and how successful they have been in representing a person’s legal rights, that lawyer or law firm may not be the right choice. An Alachua County DUI Defense Lawyer with the proper skillset will be professional, honest, kind, highly experienced in the area of criminal law, will have a good reputation in the legal community, and will be able to provide examples of past successful results.

Proven Results at Musca Law – Find Out How We Have Helped Our Clients

Backing up statements with evidence of success is essential to demonstrating a firm’s competency in representing a person’s constitutional rights in a DUI case. At Musca Law, our Alachua County DUI Defense Lawyers want all prospective clients facing DUI charges to see how our lawyers have successfully defended other clients in the courtroom. Our team of legal professionals have been successful not only with DUI cases but also with other very serious criminal matters, helping clients achieve a positive outcome.

Musca Law provides numerous examples of how they have helped clients in the past. In doing so, our Alachua County DUI Lawyers want to put clients at ease if they are unsure whether or law firm is qualified to handle a criminal matter. Although no lawyer or law firm can guarantee a client’s DUI case will be dismissed or that a prosecutor will agree to a plea deal, a lawyer or law firm with proven results is a client’s best chance to fight the prosecution. Without examples of success, a client should question a lawyer or firm’s ability to handle a DUI matter, especially one that involves aggravating conduct.

Contact the Alachua County DUI Defense Lawyers of Musca Law Today!

Have you been charged with driving under the influence in Alachua County, Florida? If so, you have very little time to act and retain a highly-skilled Gainesville Defense Lawyer. You need a lawyer who routinely handles DUI and other criminal matters. At Musca Law, our Alachua County DUI Defense Lawyers have more than 150 years of combined professional experience helping clients overcome tough DUI charges. Our proven results demonstrate our firm’s ability to help protect your legal rights. To speak with an Alachua County DUI Defense Lawyer about your case, contact Musca Law today by calling (888) 484-5057. Our legal team is standing by 24/7 to meet your legal needs.

Get your case started by calling us at (888) 484-5057 today!