Brevard County DUI Attorney
What are Florida’s Blood Alcohol Concentration (BAC) Limits?
Under Florida law the blood alcohol concentration limit is 0.08 percent while the underage BAC limit is 0.02 percent. If your blood alcohol concentration is 0.15 percent or above, that is considered to be an enhanced penalty.
It is important to note that Florida assumes “implied consent.” This means that when you apply for a driver’s license, you have already given consent to comply with field sobriety and chemical tests if an officer stops you and is checking for signs of impairment. If you refuse to take a breathalyzer test, you may be subject to a twelve-month suspension of your driver’s license. The penalties may be even more steep if you have had previous DUI convictions.
Call today to learn more about how our Brevard County DUI lawyers can help you.
Avoiding Extensive DUI Consequences in Brevard County
If you are facing any DUI charge, you are in a serious situation, whether it is a misdemeanor or a felony. First of all, there are two separate cases to be dealt with, an administrative suspension of your driving privileges and a separate criminal case. The suspension will automatically go into effect unless you or your counsel requests a hearing within 10 days of your arrest. A knowledgeable Brevard County DUI lawyer at our firm will represent your interests at the administrative hearing and will develop an aggressive defense strategy for the separate criminal case. The more serious the offense, the more severe the penalties will be if convicted.
Penalties can include:
- Community service
- Jail time
- Prison time
- Ignition interlock device
Whether First Time or DUI or Multiple, We Can Help You With Defense
If you are convicted on your charges, you may be sentenced with the following:
First DUI - You will have to be on a probation of at least six months duration. Probation will mean different things depending on what the court rules, and involves at least 50 hours of community service. Your license will likely be suspended during this time, and you will pay at least $500 in fines, but no more than $1,000. In some instances you can even serve jail time. Normal jail times for a first offense are usually around six months, but if there was an accident involving serious bodily injury, you could be looking at up to five years.
Second DUI - With a second DUI, probation doubles to a year. Fines usually increase to between $1,000 - $2,000, but complicating factors can increase this to as much as $4,000. Jail times are not mandatory unless your DUIs happened within five years of each other, and in that instance, you will serve a minimum of 10 days with the possibility of up to an entire year in jail. Also in that circumstance, you can expect your vehicle to be impounded for 30 days.
Third+ DUI - A third DUI within 10 years of the other two has a mandatory jail time of 30 days minimum and fines up to $5,000. Your vehicle will likely be impounded for 90 days, and you’ll receive a mandatory interlock device on your car for two years.
There are also several other ways you might be penalized for a DUI. We can help you get these penalties reduced or avoid them altogether.
A DUI can be charged when you’re under the influence of any drug, not just alcohol. These cases may be harder to prove because there is no “legal limit”, especially when it comes to prescription drugs. However, once proven, the penalties are usually just as harsh as DUI alcohol convictions.
Let Our Brevard County DUI Lawyer Defend You
Maintaining a clean driving record is important for a number of reasons. The most important could be that your driving record is a public record and may be accessed by persons looking into your background for employment or other reasons. Despite this, many people simply pay speeding and other traffic citations without any thought of disputing the charge. Being charged with a DUI (Driving Under the Influence) is not just a traffic citation. A DUI conviction on your record can cause endless difficulties later, not to mention the legal ramifications you will face after conviction.
A prosecutor, law enforcement officer, or even a friend might suggest that it is "only a misdemeanor for a first offense" or "there is so much evidence against you there is no point in fighting the charge". Protecting and keeping your criminal record clean is always very important to your future regardless of any prior convictions. Additionally, Florida has some of the harshest consequences for DUIs in the entire country–You don’t want to take chances.
Whether this is your first or a subsequent DUI charge get the help of a Brevard County DUI attorney who is savvy enough to use every available legal tool in your defense. We can represent your case from any angle, including faulty breathalyzers, unlawful police stops, police misconduct, and more.