
The State of Florida takes DUI offenses very seriously, as they can lead to felony charges. Criminal charges will depend on several factors, including the severity of the incident. Driving under the influence of alcohol, drugs, any type of illegal substance, and sometimes even legal substances may have DUI offenders facing serious criminal charges. Having the right criminal defense attorney in North Port for legal advice can make all the difference in your case when you are accused of committing a crime.
For DUI offenses, having a blood alcohol content (BAC) level at or above 0.08% or lacking control over your faculties is all it takes to be charged. The case is aggravated if the driver is found guilty of multiple DUI or DWI offenses within a given period of time, which can end in a felony conviction with fines as high as $5,000 as per Florida Statute 775.083. Hire a skilled criminal defense attorney in North Port to handle your case and protect your legal rights today.
With seventy-five years of collective experience in North Port and the State of Florida, The Law Place can help you fight charges involving driving under the influence. Our law firm understands the complexity of DUI cases and can handle your criminal defense case efficiently. A DUI charge is a serious problem, so qualified legal representation is a must when fighting your case.
Call today to schedule a free consultation and speak to a skilled DUI lawyer in North Port, FL., who can answer all your questions. Our lines are open 24 hours a day, seven days a week. So, a North Port criminal defense lawyer will be waiting to hear from you. Contact us now at (941) 444-4444 for a free consultation. The criminal defense team at The Law Place will help you fight your North Port DUI case.
Felony DUI Lawyer in North Port: What Is Considered Driving Under the Influence?
When someone drives under the influence in North Port, Florida, they may be charged under Florida Statute 316.193, which states that a person is guilty if the person was driving a vehicle or was physically in control of a vehicle in the State of Florida. A person can be charged with DUI not only when driving but also when they are in ‘actual physical control’ of the vehicle, such as sitting in the driver’s seat with the keys in the ignition. The statute also includes:
- The person was under the influence of alcohol or any type of substance as per Florida Statute 877.111 or Chapter 893, and the person’s normal faculties were impaired.
- The person’s blood alcohol content (BAC) level was at or above 0.08 grams of alcohol per 100 ml of blood, or they have a BAC of at least 0.08 grams of alcohol per 210 L of breath.
Introduction to DUI
Driving Under the Influence (DUI) is a serious criminal offense in the state of Florida, including in North Port, FL. A DUI conviction can result in harsh penalties, including fines, jail time, and driver’s license suspension. If you are facing a DUI charge, it is essential to seek the help of an experienced criminal defense attorney who specializes in DUI defense. A skilled DUI defense attorney can help you navigate the complex legal process and fight for your rights. Understanding the gravity of a DUI offense and the potential consequences can motivate you to take immediate action to protect your future.
Driving Under the Influence (DUI) Laws and Penalties in North Port, Florida
The severity of the crime and the person’s prior convictions will determine the serious penalties if they are arrested, charged, and found guilty of DUI. These serious penalties can include fines, jail time, and driver’s license suspension.
An individual will face the following for a DUI conviction:
- Fines – An individual convicted of a first-time DUI is subject to a fine between $500 and $1,000. However, should that person get a second DUI conviction, they will be subject to a fine between $1,000 and $2,000 for that second offense.
- Jail time – An individual convicted of a first-time DUI may be jailed for up to 6 months. However, should that person get a second DUI conviction, it will result in up to 9 months in jail.
- Driver’s license suspension or revocation – According to Florida Statute 322.28. anyone convicted of a first DUI offense could have their license suspended for at least 180 days but no more than a year. However, should that person commit a second DUI within the next 5 years, it would be revoked for at least 5 years.
- Ignition interlock device – The court may request the installation of an ignition interlock device for at least 6 months if the driver’s blood alcohol content (BAC) level is 0.08 or above. However, the installation will be mandatory for a period of no less than 6 months, even for a first offense, when the driver’s BAC level is 0.15 or above. These periods will increase in the event of a repeat offender. This will be at the expense of the convicted person and on every vehicle the person owns or leases and routinely drives.
The following penalties will be applied to anyone that has three or more DUI convictions:
- Fines – Anyone convicted of a third DUI within a period of 10 years will be charged with a third-degree felony. Fines can be as high as $5,000. If this third conviction takes place more than 10 years after the last one, the fine would be between $2,000 and $5,000. Further convictions will also be charged as a third-degree felony regardless of when they occurred.
- Jail time – Anyone convicted of a third DUI within a period of 10 years could spend up to 5 years in jail. If this third conviction takes place more than 10 years after the last one, it could result in up to 12 months in jail. Further convictions will be punished with up to 5 years in jail regardless of when they occurred.
- Driver’s license suspended or revocation – Anyone convicted of a third DUI within a period of 10 years will have their license revoked for up to 10 years, as per Florida Statute 322.28. Further convictions will result in a permanent revocation.
- Ignition interlock device – Anyone convicted of a third DUI will have a mandatory installation of an ignition interlock device for up to 2 years. The convicted individual will be responsible for paying for the installation of the device.
Types of DUI Charges
There are several types of DUI charges, each carrying different levels of severity based on various factors. A first-time DUI offense typically involves less severe penalties compared to subsequent offenses. However, a second DUI conviction within a certain timeframe can lead to increased fines, longer jail time, and extended driver’s license suspension. Felony DUI charges are even more serious and can result from high blood alcohol content (BAC) levels, the presence of minors in the vehicle, or incidents involving property damage or bodily injury. A knowledgeable DUI defense attorney can help you understand the specific charges against you and develop a robust defense strategy tailored to your case.
Penalties for DUI Accidents Involving Property Damage or Personal Injury in North Port, FL.
According to Florida Statute 316.193, anyone caught driving under the influence that causes an accident resulting in either property damage, serious personal injury or both, will face more severe penalties, on top of the ones from the standard DUI conviction. DUI accidents often lead to personal injury cases, which require comprehensive legal representation to address both DUI and personal injury claims.
Anyone convicted of a DUI offense that has caused or has contributed to property damage or has resulted in physical harm to another person faces a first-degree misdemeanor, with fines of up to $1,000 and a jail sentence of 1 year.
Anyone convicted of a DUI offense that has caused or has contributed to serious bodily injury to another person faces a third-degree felony, with fines of up to $5,000 and a jail sentence of 5 years.
Anyone convicted of a DUI offense that has caused or has contributed to the wrongful death of another person or of an unborn child faces DUI manslaughter, a second-degree felony. The penalties include up to 15 years in jail and fines of up to $10,000. If the person knew or should have known that an accident had taken place but chose to flee the scene and subsequently left the injured person to die, they would be guilty of committing DUI manslaughter, classed as a first-degree felony. In this case, you would face penalties of a jail sentence of up to 30 years and fines of up to $10,000.
Law Enforcement and DUI Stops
Law enforcement officers in North Port, FL, employ various methods to detect and stop drivers suspected of driving under the influence. These methods include sobriety checkpoints, routine traffic stops, and observations of erratic driving behavior. If you are stopped by a police officer, it is crucial to remain calm and comply with the officer’s requests. However, you also have the right to remain silent and seek the advice of a criminal defense attorney. Knowing your rights and how to exercise them can significantly impact the outcome of your case. An experienced criminal defense attorney can provide guidance on how to handle interactions with law enforcement officers effectively.
What Is the Process in a Florida DUI Charge?
The steps leading up to being arrested and charged with DUI are usually similar in all cases. The reason why you were pulled over may vary, but once you were pulled over, you might have been asked to take a field sobriety test and even a breathalyzer test if the officers had a reason to believe you were intoxicated. The outcome of these tests will determine whether you are arrested and charged.
Dealing with the state attorney’s office is a critical aspect of DUI defense, as understanding prosecution strategies can significantly impact the outcome of the case.
It is now crucial for you to call and get help with your case by seeking legal advice from an attorney with experience in the appropriate practice areas. By calling the right criminal defense lawyer, your rights will be protected from the moment you call. In the best-case scenario, this will be as soon as you are arrested, as this will give our attorneys the maximum amount of time to work on your defense in North Port. Call The Law Place to speak to a criminal defense attorney for a free consultation on how to handle your case.
Geographic Considerations
The geographic location of a DUI stop can play a significant role in the case. In North Port, FL, the police department has a dedicated unit that focuses on DUI enforcement, ensuring that officers are well-trained in identifying and processing DUI cases. Additionally, the city’s proximity to other major cities, such as Sarasota, FL, can influence the handling of DUI cases. A local DUI defense attorney will be familiar with the specific laws, procedures, and court systems in North Port, FL, and can use this knowledge to your advantage. Understanding the local legal landscape can be a critical factor in building a strong defense and achieving a favorable outcome in your DUI case.
Felony DUI Conviction Lawyer in North Port
Meet the Team
When you meet David Haenel you quickly see how experience shapes his strategy. He served as a state prosecutor so he knows the playbook the State uses in DUI cases. Darren Finebloom adds years of trial skill and handles many motion hearings and jury trials. Rose Tracy and Christie support clients with prompt updates and meticulous file reviews so no question is left hanging.
Reviews & Testimonials
“First arrest of my life and license gone. David explained every step in plain English and had me back on the road within weeks.” Jenna S., North Port.
“I thought my license was finished. David found an error in the paperwork, the judge lifted the suspension, and I kept my job.” Marcus P., Wellen Park.
Case Studies
Checkpoint Arrest Thrown Out. A first‑time offender was stopped at a holiday checkpoint in Wellen Park. Our independent expert proved the breath machine was out of calibration. The charge was reduced to careless driving and the client kept a clean record.
Hardship License in Ten Days. A single mother faced a twelve‑month suspension after refusing a breath test. We filed for a formal review within forty‑eight hours and showed the officer lacked probable cause. She received a restricted license in ten days and never missed a day of work.
What should I do first after a DUI arrest in North Port?
Stay calm and provide only your basic identifying information. Ask for an attorney right away and avoid discussing the stop with police. As soon as you are free, write down every detail you remember and contact a local DUI lawyer within twenty‑four hours. Contact a local DUI lawyer for a free and confidential consultation to explore your legal options without any pressure.
Will I lose my license automatically?
Most drivers receive a ten‑day temporary permit at the roadside. You must request a formal review hearing with the DMV inside that window. If you miss it, the administrative suspension begins and can last six to eighteen months.
How long do I have to request the formal review hearing?
You have ten calendar days from the date of arrest. Filing on time keeps you driving on a temporary permit until the hearing officer rules on your case.
What penalties do I face for a first DUI conviction?
A first conviction can bring up to six months in jail and fines from five hundred to one thousand dollars. Expect probation, community service, license suspension, and mandatory DUI school. An ignition interlock device may be ordered if your blood alcohol level was point one five or higher.
Securing legal representation is crucial to navigate the complexities of DUI charges and protect your legal rights.
Are the penalties worse for a second or third DUI?
Yes, consequences rise sharply. Repeated DUI convictions can lead to felony offenses with severe penalties. A second conviction within five years carries mandatory jail time and a five‑year revocation of your license. A third within ten years is a felony that can mean up to five years in state prison and a ten‑year revocation.
Can I get a hardship license while my case is pending?
Often yes. Your lawyer will guide you through DUI school enrollment and the DMV application. A hardship license allows limited driving for work, school, and essential errands. It is crucial to take timely legal action to contest a driver’s license suspension and secure a hardship license.
Can a DUI charge be reduced to reckless driving?
A reduction is possible if there are legal flaws in the stop, the testing procedure, or the chain of evidence. A reckless driving plea avoids many DUI‑specific penalties and often keeps insurance costs lower. Additionally, negotiating a plea deal can lead to reduced penalties or less severe charges, making it a viable option in some DUI cases.
How reliable are breathalyzer results?
Breath devices must be correctly maintained and calibrated. Even small lapses can create doubt and make the results inadmissible. An experienced DUI lawyer reviews maintenance logs to spot these issues. Exceeding the legal limit of 0.08% BAC can result in DUI charges, highlighting the importance of accurate breathalyzer results.
Should I consent to a blood test?
Blood tests are generally more precise but must follow strict chain‑of‑custody rules. Refusing may trigger a longer license suspension. Whenever possible, speak to counsel before deciding.
Florida DUI laws require strict adherence to chain-of-custody rules for blood tests, and refusing a test may trigger longer license suspensions.
What is an ignition interlock device?
It is a small breath‑powered lock installed in your vehicle. The car will not start if alcohol is detected. Courts order the device for high BAC first offenses and repeat offenders. Failure to comply with ignition interlock device requirements can result in extended driver’s license suspension.
How long does a typical DUI case take?
Straightforward first‑offense cases often resolve in three to six months. Cases involving felonies or complex evidence can take a year or more, especially if they go to trial.
Having a DUI defense lawyer is crucial to navigate the complexities of DUI cases and achieve favorable outcomes.
Will a DUI conviction stay on my record forever?
Florida does not allow DUI convictions to be sealed or expunged. Avoiding a conviction through dismissal, reduction, or acquittal is the only way to keep it off your permanent record. A DUI conviction is a serious criminal conviction that can have lasting negative impacts on a person’s life, including barriers to employment and housing opportunities.
How will a DUI affect my insurance rates?
Premiums usually rise sharply for three to five years. Some insurers may cancel coverage entirely. A charge reduced to reckless driving often lessens the increase. DUI offenses can lead to significant increases in insurance premiums and potential cancellation of coverage.
Why hire a local North Port attorney instead of someone from another city?
A local lawyer knows the tendencies of Sarasota County judges, prosecutors, and officers. Familiarity with these patterns can shape negotiation strategy and courtroom presentation. Local counsel is also easier to reach for urgent questions.
Hiring a qualified Sarasota DUI lawyer who understands the local legal landscape and can effectively represent clients in DUI cases is crucial.
Do you represent clients in Wellen Park and surrounding areas?
Yes, our team handles DUI cases that arise in Wellen Park, Venice, Englewood, and across South Sarasota and Charlotte counties. We regularly appear in all local courts.
We are committed to providing top-quality legal representation for DUI cases throughout South Florida.
What if I live out of state but was arrested here?
We can appear on your behalf whenever the court permits and keep you updated remotely. Resolving the Florida case properly is vital because most states honor Florida suspensions and convictions.
Our firm has extensive expertise in handling DUI cases in Pinellas County and other local areas, showcasing our familiarity with the local courts and judges.
Are your consultations free?
Initial consultations cost nothing. We provide a clear fee outline before representation starts, and most DUI matters are billed at a flat rate so costs are predictable.
Contact The Law Place Today in North Port, Florida
If you are facing criminal charges for DUI in North Port, Florida, we can help. Call today to speak to a criminal defense lawyer who has handled hundreds of cases like yours successfully.
The Law Place is a reputable law firm with over seventy-five years of combined experience in many different practice areas in Florida. Speak to a North Port DUI lawyer who has experience of DUI cases from clients just like you today. Every DUI defense attorney in our firm is ready to fight for your rights. Let our lawyers help with your DUI defense.
Do not hesitate to call The Law Place today. Our phone lines are open twenty-four hours a day, seven days a week. A criminal defense lawyer will be waiting to hear from you. Contact us now at [(941) 444-4444](tel:(941) 444-4444) for a free consultation. Let the lawyers in our practice help you fight your North Port DUI charges.