DUI Defense Lawyers in Charlotte County, Florida
How to Beat a Driving Under the Influence Charge in Florida
Charlotte County, Florida sits along the west coast of the state and has a population of close to 190,000. Although Charlotte County is not one of Florida’s largest in terms of population, many drivers within the county still face driving under the influence (DUI) charges on a regular basis. Overall, the incidence of DUIs in Charlotte County has declined over the past few years, which may be due, in part, to the influx of ride-share vehicles like Uber and Lyft.
However, prosecutors in Charlotte County still aggressively prosecute DUI cases, seeking the maximum penalty allowable under Florida law. While DUIs are serious criminal matters, they do not need to ruin a person’s life. Numerous individuals who have faced DUI charges overcome the matter and move on with their lives. In certain instances when a DUI becomes a felony, the consequences are much more severe. As such, if you or someone you know is facing DUI charges in Charlotte County, time is of the essence to locate a superior Charlotte County DUI Defense Lawyer.
Driving Under the Influence in Florida – Where Does the State Rank Nationwide?
Florida is known for having a substantial number of traffic accidents each year, many of which are deadly. However, when it comes to DUI arrests, Florida ranked 46 in the nation in 2018, with 151 DUI-related arrests per 100,000 people. With rather low numbers compared to the rest of the country, Florida certainly does not have a rampant DUI problem, but this does not mean Charlotte County prosecutors will take DUI charge lightly. Regardless of statistics, all drivers should assume that if they face DUI charges in Charlotte County, they could be facing jail time, fines, and a whole host of other penalties.
Driving Under the Influence in Charlotte County, Florida – Laws and Penalties
Florida’s DUI laws are similar to the laws of other states throughout the country in that the standard legal limit for a driver over the age of twenty-one is a blood-alcohol content (BAC) of .08. Under Florida Statute § 322.2616, drivers under the age of twenty-one may face DUI charges if their BAC measures at .02 or greater, which is stricter than many other states. Regardless of a driver’s age, Florida law dictates that a driver may face jail time, fines, and other harsh penalties if convicted of driving under the influence.
The specific statute applying to drivers over the age of twenty-one, Florida Statute § 316.193(1), indicates that a driver may face DUI charges if the following elements are satisfied:
- (1) The driver is in actual control of a vehicle at the time of a DUI stop; AND
- (2) The driver’s “normal faculties” are found to be impaired by the use of alcohol or drugs; OR
- (3) The driver’s blood-alcohol level is .08 or more grams of alcohol per 100 milliliters of breath; or
- (4) driver’s breath-alcohol level is .08 or more grams of alcohol per 210 liters of breath.
The criteria for underage drivers are the same except that the BAC must be .02 or greater, which is a relatively small amount of alcohol that can lead to very serious consequences.
A person convicted of driving under the influence in Charlotte County will face a long list of penalties that will be dependent on a variety of factors, including, among others, (1) the seriousness of the DUI offense and (2) whether the driver has a criminal history. Florida law identifies the following types of DUI offenses that a person can face after being arrested on suspicion of operating a vehicle while intoxicated:
|
DUI CHARGE |
LEVEL OF OFFENSE |
MAXIMUM JAIL TIME |
MAXIMUM MONETARY FINES |
|
First DUI with BAC of .08 or Greater |
Unclassified Misdemeanor |
6 Months |
$1,000 |
|
First DUI with Minor Under 18 as Passenger |
Unclassified Misdemeanor |
9 Months |
$2,000 |
|
First DUI with BAC of .15 or Greater |
Unclassified Misdemeanor |
9 Months |
$2,000 |
|
Second DUI with BAC of .08 or Greater |
Unclassified Misdemeanor |
9 Months |
$2,000 |
|
DUI Involving Property Damage |
First-Degree Misdemeanor |
1 Year |
$1,000 |
|
Second DUI with BAC of .15 or More |
Unclassified Misdemeanor |
1 Year |
$4,000 |
|
Third DUI More Than 10 Years After Prior DUI |
Unclassified Misdemeanor |
1 Year |
$4,000 |
|
Third DUI Within 10 Years of Prior DUI |
Third-Degree Felony |
5 Years |
$5,000 |
|
Fourth DUI |
Third-Degree Felony |
5 Years |
$5,000 |
|
DUI Involving 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 with Failure to Render Aid |
First-Degree Felony |
30 Years |
$10,000 |
While jail time and fines are possible for all DUI charges, many drivers in Charlotte County can avoid jail time and hefty fines by agreeing to plead guilty to a less-serious offense.
Additional penalties a driver may face in Charlotte County for a DUI conviction include, but are certainly not limited to, the following:
- Probation;
- A required mental health evaluation;
- Required drug and alcohol counseling;
- Required drug and alcohol screening, which is often random;
- Required installation of an ignition interlock device on each of a driver’s vehicles;
- Suspension or revocation of the convicted person’s driver’s license; and
- A blemished criminal record, which can make life very difficult in terms of obtaining employment, attending college, or even renting a home or apartment.
When a DUI offense involves aggravating factors, making the charge a felony, avoiding jail time and thousands of dollars of fines may be difficult. However, with the assistance of an experienced Charlotte County DUI Defense Lawyer, accused drivers will have the best chance possible to build a solid defense that aids in avoiding the maximum penalties under Florida law. Working with a reputable and proven Charlotte County DUI Defense Lawyer is critical to the protection of an accused person’s legal rights. When a lawyer handling the matter has a good relationship with prosecutors and judges, the lawyer is often able to reach the best result possible given the facts of a DUI case.
How to Dismiss DUI Charges in Charlotte County, Florida
Facing DUI charges is, without question, a stressful and frightening experience. However, DUI charges do not always lead to a conviction. In fact, in many cases, DUI charges can be dismissed. Only when a person pleads guilty or is found guilty at trial will a DUI case result in conviction. To determine whether DUI charges can be dismissed in Charlotte County, a seasoned Charlotte County DUI Defense Lawyer will need to thoroughly evaluate a DUI case. The steps taken by law enforcement officials from the time a driver is pulled over or stopped to the time the driver is officially charged is critical to the outcome of the case.
Many reasons exist as to why and how a DUI case can be dismissed but only a trained, experienced, and dedicated Charlotte County DUI Defense Lawyer can take the necessary steps to (1) identify where law enforcement officials may have made a mistake, (2) determine whether the evidence presented by the prosecution supports DUI charges, and (3) determine whether seeking dismissal is the right step versus pleading guilty to a less serious offense.
Examples of reasons why DUI charges can be dismissed in Charlotte County include, but are certainly not limited to, the following:
- The arresting officer conducted an unlawful traffic stop and lacked reasonable suspicion to believe the driver was operating a vehicle while intoxicated;
- The arrested officer did not read the driver his or her Miranda rights/warnings, thereby eliciting a coerced and/or false confession or admission;
- The prosecution used illegally obtained evidence to support DUI charges;
- Reason exists to believe BAC test results were inaccurate;
- A failed field sobriety test is the only ground used to arrest an individual suspected of driving under the influence (a person can fail a field sobriety test for many reasons aside from being intoxicated with alcohol or drugs);
- A prosecutor’s failure to consider exculpatory evidence (such as evidence a different person was operating the vehicle at issue); and
- The only evidence supporting DUI charges is an officer’s belief and impressions that a driver was intoxicated.
A substantial number of DUI cases in Charlotte County are based on BAC test results. However, BAC test results should always be vetted as machines can malfunction or can be misused by arresting officers. Moreover, when BAC test results are negative and a driver is only arrested based on an officer’s belief that a driver’s “normal faculties” are impaired, grounds may exist to challenge the officer’s conclusions.
For example, a driver may have a medical condition that prevents him/her from passing a field sobriety test. Or perhaps a driver had a medical event that is misinterpreted as being a sign of intoxication. Whatever the case may be, anyone accused of driving under the influence must seek the help of a Charlotte County DUI Defense Lawyer immediately after being arrested and detained.
Arrest and Detention on Suspicion of DUI in Charlotte County – Understanding Florida Law
Being arrested on suspicion of driving under the influence in Charlotte County almost certainly leads to detention for an extended period of time. What many drivers and residents in Charlotte County may not realize is that Florida law limits the amount of time law enforcement officers can detain a person arrested on suspicion of driving under the influence. Per Florida Statute § 316.193(9), Florida law enforcement officers have the discretion to keep an arrested individual in custody until one of the following occurs:
- The arrested driver’s BAC reading is less than .05;
- The arrested driver’s normal faculties are no longer impaired by alcohol or drugs; OR
- The arrested driver has been in jail/detention for at least 8 hours.
Law enforcement officers who keep arrested individuals in custody beyond the time allotted under Florida law are violating the legal rights of those in custody, especially when no formal DUI charges have been brought. Spending time in jail – no matter how short or long – is a frightening experience that nobody should ever want to go through. The experience can be especially stressful and traumatizing for younger and/or first-time criminal offenders. When law enforcement officers abuse their discretion by failing to adhere to Florida’s DUI detention laws, they are comprising an accused person’s legal rights. Whether a Charlotte County law enforcement officer has violated a person’s rights during the detention process following arrest is a matter that should be evaluated by a Charlotte County DUI Defense Lawyer.
Refusing to Submit to a Breathalyzer Test – What You Should Know About Florida Law
Individuals pulled over on suspicion of driving under the influence have the option to refuse a breathalyzer test. However, by doing so, the driver runs the risk of losing his/her driver’s license for an extended period of time. Depending on the unique facts of the case, a refusal to take the breathalyzer test may be warranted, but in other cases, it may be better to take the breathalyzer test and challenge the results later on with the help of a Charlotte County DUI Defense Lawyer.
What is a Hardship Driver’s License and Can I Get One?
If you are convicted of driving under the influence, your driving privileges will likely be limited. However, depending on the severity of the DUI offense at issue, you may have the option of obtaining a Hardship Driver’s License that allows you to operate a vehicle under certain circumstances, such as driving to work, school and other locations that are essential to meet life’s needs (i.e., going to the grocery store, doctor’s appointments, and church, among others). Because many factors will influence whether you may qualify for a Hardship Driver’s License, you must act quickly to speak with a Charlotte County DUI Defense Lawyer as you may be able to avoid a harsh conviction.
Choosing the Right Charlotte County DUI Defense Lawyer for Your Case
Charlotte County is home to numerous lawyers who have proven results in their field of law, but it is not always easy to find the lawyer who best fits your situation. When looking for a Charlotte County DUI Defense Lawyer, you need to consider many factors that shed light on the lawyer’s reputation, past success, and ability to help you reach a fair result.
The cost of a Charlotte County DUI Defense Lawyer is a common reason why arrested individuals choose to retain a public defender or a lawyer with little to no experience handling DUI cases. A prime example is when a friend, who happens to be a lawyer, helps by representing the accused person in court. While the inexperienced lawyer may reach a good result, choosing to work with such an inexperienced lawyer is extremely risky, and can be damaging to the accused person’s legal rights.
As such, while a person facing DUI charges in Charlotte County will need to pay to retain a qualified Charlotte County DUI Defense Lawyer, the cost is well worth it. Additionally, many lawyers work with clients to formulate a payment arrangement that works for everyone. The cost of court fees and other expenses associated with a DUI conviction can far outweigh the cost of hiring the right lawyer. Having the best lawyer from the beginning increases the chances that a DUI case can be resolved through dismissal or negotiation to a less serious offense that does not carry the same costly penalties as a DUI conviction.
Public defenders certainly have the necessary experience to represent clients in the courtroom, but they do not always have sufficient resources to provide clients with well-rounded representation. With limited funding and a large workload, public defenders are at a disadvantage through no fault of their own. Many individuals facing DUI charges in Charlotte County may achieve a much more favorable result by hiring a private lawyer. At the end of the day, no lawyer – no matter how talented or reputable – can guarantee specific case results. However, by choosing the best Charlotte County DUI Defense Lawyer one can find, the chances of achieving a fair result substantially increase. When facing DUI charges, there is no room for compromise, as such compromise could land a person in jail when a fair outcome should be dismissal or a negotiated plea agreement.
Contact the Charlotte County DUI Defense Lawyers of Musca Law Today!
DUI charges can wreak havoc on your life. Even if you are not convicted, you still have to go through the process of being arrested, detained, and facing a prosecutor and judge in the courtroom. DUI charges, although serious, do not need to ruin your life. At Musca Law, our Charlotte County DUI Defense Lawyers routinely handle DUI matters that range from minor to severe, and we are standing by to provide you with the best legal representation possible.
With more than 150 years of combined experience, the DUI Defense Attorneys of Musca Law utilize all resources to ensure clients have the best chance possible of achieving a fair outcome. To find out how Musca Law can help you or a loved one, contact our office today by calling (888) 484-5057. DUI arrests and charges can happen at any time, day or night. As such, we are available 24/7 to provide you with the guidance and advice you need to move forward.
Musca Law office locations in Charlotte County: Port Charlotte, Punta Gorda