Driving under the influence is one hundred percent illegal in the State of Florida, and a conviction on account of a DUI charge has serious consequences. For example, the DUI conviction will remain on your driving record for 75 years, and you will be granted no opportunity to seal or expunge the DUI conviction in the State of Florida.
The legislature and the Florida Department of Law Enforcement have stated that a misdemeanor offense for a DUI conviction will remain on your criminal history record for the rest of your life. That is why it is necessary to hire a DUI attorney to protect your legal rights and fight for your future following a Bradenton DUI charge.
A skilled criminal defense attorney could possibly get your charges reduced, or your case amended to a reckless driving charge, which means that you might be eligible to seal your record if adjudication is withheld by the judge and jury – if you have no other convictions on your criminal history record.
Convictions are not limited to the State of Florida, which means that if you have committed any other crimes outside of the state and you were adjudicated guilty, then you will be prohibited from sealing anything under Florida law.
If you were arrested for DUI in Bradenton, then you must speak to a DUI lawyer as soon as possible. It is not uncommon for evidence to be erased, or destroyed, or even for memories to lapse over time if an investigation is not conducted immediately by a DUI lawyer after the charges have been pressed against you. If you want the best chance of securing a reasonable outcome for your case, then get in touch with The Law Place today.
The Law Place has over seventy-five years of collective experience in defending the legal rights of clients in Bradenton and across the State of Florida. We have a dedicated team of DUI lawyers who are prepared and willing to take on your case as soon as you give us the go-ahead.
Our law firm will work hard to reduce your charges and decrease the severity of the penalties that you are facing. Rest assured that we will fight to achieve a reasonable outcome for your case in Bradenton.
Do not hesitate to call today. Our phone lines are open twenty-four hours a day, seven days a week. A DUI attorney will be waiting to hear from you.
Contact us now at (941) 444-4444 for a free consultation, and we will fight your DUI conviction together in Bradenton.
Definition of Driving Under the Influence Charges in Bradenton, FL.
An individual might face a variety of different charges after being arrested for DUI under Florida law. Florida Statute 316.193 states that an individual could face a DUI conviction if they are caught operating a motor vehicle or in physical control of a motor vehicle in the State of Florida whilst driving under the influence of alcohol or any chemical substance. Furthermore, they must have a blood alcohol content (BAC) level of 0.08%.
Driving Under the Influence (DUI) Laws and Penalties in Bradenton, FL.
A driving under the influence conviction has a list of varying penalties with differing levels of severity, depending on whether the individual has prior DUI convictions in Bradenton. Penalties will increase with each conviction. Below are examples of how they will change between a first and second conviction:
- Fines – A first-time conviction for a DUI can result in a fine between $500 and $1,000. A second-time conviction for a DUI can result in a fine between $1,000 and $2,000.
- Jail time – A first-time conviction for a DUI can result in spending up to 6 months in jail. Meanwhile, a second-time conviction for a DUI can result in spending up to 9 months in jail.
- Driver’s license suspension or revocation – Florida Statute 322.28 states that a first-time conviction for a DUI can result in the suspension of a driver’s license for up to 180 days. Meanwhile, a second-time conviction for a DUI, which occurs within a period of 5 years, can result in the revocation of a driver’s license for up to 5 years.
- Ignition interlock device – A first-time conviction for a DUI can result in the placement of an ignition interlock device for up to 6 months if the individual’s blood alcohol content (BAC) level was at .08% or above. A second-time conviction for a DUI can result in the mandatory placement of an ignition interlock device for up to 1 year, but the individual must first qualify for a restricted or permanent license.
Enhanced Penalties for a DUI Accident That Resulted in Property Damage or Serious Bodily Injury in Bradenton, FL.
A DUI conviction for an accident involving property damage or serious bodily injury can result in enhanced penalties, which are separate from standard DUI penalties.
A DUI offense that caused or contributed to damage of personal property or resulted in physical harm to another person will be convicted and charged with a first-degree misdemeanor. The penalties include spending up to 1 year in jail, alongside receiving a fine up to $1,000.
A DUI offense that caused or contributed to inflicting serious bodily injury to another person will be convicted and charged with a third-degree felony. The penalties include spending up to 5 years in jail, alongside receiving a fine up to $5,000.
Understanding the Severity of DUI in Bradenton, FL.
Florida Statute 316.1934 clearly states that it is illegal for anyone to consume alcohol or illegal drugs to the degree that affects their normal judgment and everyday faculties while behind the wheel.
A list of faculties includes:
- Quick judgment and logic.
- Walking and coordination.
- Speaking and general comprehension.
- Depth perception.
There are a few important steps to consider when you have been charged and arrested for DUI in the State of Florida. Firstly, it is worth taking the time to understand why you may have been pulled over by a law enforcement officer. For example, you could have been pulled over for committing a traffic violation, such as failing to signal, running past a red light, speeding, or other suspicious behavior, including weaving and swerving between lanes on the road.
A law enforcement officer will usually request that you take a field sobriety test or a breathalyzer test to see if you were driving under the influence. However, if you fail to complete the field sobriety test or a breathalyzer test, then you will face arrest and custody. A prosecutor will consider the facts of your arrest and figure out if the court has grounds to file criminal charges against you. In this case, you will need the skills of a DUI lawyer in Bradenton to challenge the accuracy of a breathalyzer test and develop a strong defense strategy for you.
Underage DUI Charges & Penalties in Florida
The strictest laws on underage drinking are in the State of Florida. For instance, law enforcement is allowed to conduct a breath test on anyone under the age of 21 that is suspected of consuming alcohol, according to florida’s zero tolerance law. It is also worth noting that a law enforcement officer does not have to be suspicious of a minor who is driving impaired to make them undergo an alcohol breath test.
Law enforcement is given full authority to request a driver who is below the legal drinking age of 21 to complete an alcohol breath test in the event that a law enforcement officer has reason to believe that any minor has consumed alcohol in the State of Florida.
What Are the Penalties for Underage Drinking and Driving in the State of Florida?
There are harsh punishments for minors who are found guilty of underage drinking in the State of Florida. For example, if the minor’s breath alcohol level was at 0.02% or above, then they will face the following penalties:
- The minor’s license will be automatically suspended for a time period of up to 6 months. However, the second offense of this nature will result in the automatic suspension for a period of up to 12 months.
- The minor’s license suspension will be extended for up to 12 months if they refuse to take a breath test. However, a second or subsequent offense will result in an automatic 18-month license suspension if they refuse to take a breath test.
The suspension of a driver’s license is automatic and takes effect instantly. However, a driver who is under the age of 16 and has not obtained a driver’s license will mean that the suspension period takes effect as soon as the driver is eligible to receive their license in the State of Florida.
In addition, the minor will be required to undergo a substance abuse course before the suspension of their driver’s license is lifted if the result of their blood or breath alcohol test was over 0.05%. However, their license will remain indefinitely suspended until they complete the substance abuse course in the State of Florida.
Why You Need a Florida DUI Attorney to Defend Your Rights in Bradenton, FL.
The severity of the penalties that you might be facing ultimately depends on the facts and circumstances surrounding your case. However, the good news is that any type of DUI charge can be challenged by a Bradenton DUI attorney from The Law Place. Here is a list of common defense methods that The Law Place has use to combat DUI charges in the past in the State of Florida:
- A DUI lawyer can challenge the circumstances of a law enforcement officer’s traffic stop.
- A DUI lawyer can challenge the accuracy of the field sobriety, breath test, or blood test.
- A DUI lawyer can seek to conceal your statements, which could have possibly been made without awareness of your legal rights.
For example, if any step of being arrested for DUI is missed, flawed, or considered unlawful, then there is a high chance of the DUI charges being dismissed by the judge. However, only a skilled criminal defense lawyer will be able to achieve this for you by investigating your charges and building a strong defense strategy to present in front of the court.
FAQ – Bradenton DUI Conviction Lawyer
What constitutes a felony DUI conviction in Bradenton?
A felony DUI conviction in Bradenton may occur if you are involved in an accident resulting in serious bodily injury or if it’s your third DUI offense within a certain timeframe. The penalties are significantly more severe than those for a misdemeanor.
What should I do immediately after a DUI arrest?
After a DUI arrest, it’s crucial to seek legal representation. Contact DUI attorneys immediately to protect your rights and begin building a DUI defense strategy to challenge the charges.
How can a Bradenton DUI lawyer assist me?
A Bradenton DUI lawyer from The Law Place can provide expert legal representation, advising you on all aspects of your case, from field sobriety tests to negotiations for reduced charges or penalties.
Is DUI school mandatory for DUI offenders in Florida?
Yes, attending DUI school is typically mandatory for DUI offenders, especially if it’s a first offense DUI. The curriculum is designed to educate offenders about the dangers of impaired driving.
What are the consequences of a second DUI conviction in Sarasota County?
A second DUI conviction in Sarasota County can result in more serious penalties, including longer jail time, increased fines, extended license suspension, and possibly the installation of an ignition interlock device.
Can I be charged with DUI manslaughter in Manatee County?
Yes, if a DUI arrest leads to an accident where someone dies, you can be charged with DUI manslaughter in Manatee County, which is a very serious charge often resulting in substantial prison time.
What happens to my driving privileges after a DUI?
Your driving privileges can be automatically suspended after a DUI. However, you may be able to apply for a hardship license, which allows for limited driving, usually to and from work or school.
How does The Law Place handle subsequent DUI charges?
The Law Place has experienced DUI defense attorneys who can handle subsequent DUI charges, aiming to minimize the impact on your life and seeking alternatives to incarceration such as community service.
What is the legal limit for blood alcohol content in Florida?
The legal limit for blood alcohol content (BAC) in Florida is 0.08%. Exceeding this limit can result in a DUI charge, which requires immediate legal attention.
What are the implications of refusing a urine sample during a DUI stop?
Refusing a urine sample when there is reasonable suspicion of intoxication can lead to immediate license suspension and may be used as evidence of impairment in court.
How can a DUI defense attorney from The Law Place help if I have multiple DUIs?
A DUI defense attorney can help by challenging the validity of the field sobriety tests, questioning the legality of the DUI arrest, and ensuring that the prosecution meets the burden of proof beyond a reasonable doubt.
What can I expect if controlled substances are involved in my DUI case?
If controlled substances are involved, you may face additional charges, and it becomes even more critical to have a skilled attorney who understands the complexities of DUI and drug-related offenses.
For more information or to schedule a free consultation with a Bradenton DUI attorney, contact The Law Place today.
Contact The Law Place Today
If you are facing charges for driving under the influence (DUI) in Bradenton, then you will likely be feeling afraid of what comes next following a drunk driving conviction. The severity of the incident will be looked into by the court of law, and the charges will ultimately be determined by the seriousness of your specific DUI case. You will need only the most skilled criminal defense lawyer to help you make it through.
The Law Place has over seventy-five years of combined experience when it comes to tackling DUI cases for clients in Bradenton and all over the State of Florida. Our law firm has the necessary knowledge to beat your charges and win a favorable outcome for your case, regardless of the specifics.
In a free consultation, a DUI lawyer from our law firm will sit down and discuss the facts of your case, answer all of your questions, and offer you an honest piece of advice on how to best approach your situation going forward. There is no need to worry, as our team of DUI lawyers will ensure that you have not been wrongfully charged and that you receive a reasonable outcome for your case in Bradenton.
Do not delay. Reach out to The Law Place today. Our phone lines are open twenty-four hours a day, seven days a week so that we can be there for you when you need it the most.
Contact us now at (941) 444-4444 for a free consultation, and we will fight your DUI conviction together in Bradenton.