If you have been arrested for driving under the influence of alcohol (DUI), then you must seek legal counsel as soon as possible. In North Port, the consequences of drunk driving are severe, and you must take responsibility for your actions.
The State of Florida considers drunk driving a serious offense, and the law on driving under the influence (DUI) carries harsh penalties. A DUI can result in charges of a third-degree felony, which means that you will have to pay up to between $2,000 and $5,000 in fines. In addition, the risks for a DUI are increased in the event that your blood alcohol content (BAC) level reaches 0.08% or more. Above all else, you will need a North Port DUI lawyer with knowledge of the law to protect your future and combat your charges.
At The Law Place, we have over seventy-five years of combined experience when it comes to defending the rights of people who have been charged with driving under the influence (DUI) in North Port and across the State of Florida. Our law firm has an in-depth understanding of DUI law, and we have managed hundreds of cases similar to yours with great success.
Our team of criminal defense lawyers will work hard to develop a strong defense strategy that will combat your DUI charges in North Port. Rest assured that we will explore every available option in an effort to reduce your charges and minimize the severity of the consequences for your case.
Contact The Law Place now on (888) 570-3598 to schedule a free consultation, and we will fight your DUI charges together in North Port. Phone lines are open 24/7.
Definition of Driving Under The Influence (DUI) in North Port, FL.
It is important that you understand your legal rights after being charged with driving under the influence (DUI). Florida Statute 316.193 claims that an individual might face conviction on account of a DUI if they commit the following:
- If the person is driving or in actual physical control of a vehicle.
- The person is under the influence of alcoholic beverages or any chemical substance in Florida Statute 877.111 or any substance controlled under Chapter 893.
- The person has a blood-alcohol level of 0.08% or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08% or more grams of alcohol per 210 liters of breath.
A DUI is usually associated with alcohol, while a DWI (driving while intoxicated), refers to driving while under the influence of drugs, whether illegal or legal. Our DWI lawyers are prepared to handle your case, regardless of the circumstances.
It is illegal in all fifty states of America to drive under the influence of alcohol or drugs. If a driver has a blood alcohol level (BAC) of .08% or above, which affects their normal faculties, and they are found in actual physical control of a vehicle, then they will face serious penalties in the State of Florida.
The term ‘actual physical control’ means that you have the capability to drive (even if you were not actively driving at the time), and you could be convicted for DUI if this is the case. For example, if you were found in the driver’s seat with the keys in the ignition while you were intoxicated, then you could be charged with driving under the influence (DUI).
There are a number of factors that the court will use to determine whether an individual was in actual physical control of the vehicle or not:
- Whether or not the car was turned on.
- Whether the vehicle was parked.
- Whether the car was recently driven.
- Where the individual was sitting in the vehicle.
- Whether the engine was on or off.
- Where the keys were located.
Driving Under the Influence (DUI) Laws and Penalties for a First and Second Conviction in North Port, FL.
The penalties for a driving under the influence (DUI) conviction will vary depending on the circumstances and facts surrounding your case and whether you have prior DUI convictions on your record.
For an individual with one or two DUI convictions:
Fines
- An individual will have to pay between $500 and $1,000 in fines for a first DUI conviction.
- An individual will have to pay between $1,000 and $2,000 in fines for a second DUI conviction.
Jail
- An individual will have to spend up to 6 months in jail for a first DUI conviction.
- An individual will have to spend up to 9 months in jail for a second DUI conviction.
Driver’s License Suspension or Revocation
As stated in Florida Statute 322.28:
- An individual will have their driver’s license suspended for up to one year for a first DUI conviction.
- An individual will have their driver’s license suspended for up to 5 years for a second DUI conviction that occurs within the 5 years of the prior DUI conviction.
Ignition Interlock Device
An individual might have an ignition interlock device installed in their vehicle for up to 6 months if their blood alcohol content (BAC) level was .08% or above for a first DUI conviction. However, the ignition interlock device will be mandatory if their blood alcohol content (BAC) level was .15% or above.
An individual will have an ignition interlock device installed in their vehicle for up to one year at their own expense once they qualify for a restricted or permanent license for a second DUI conviction.
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Driving Under the Influence (DUI) Laws and Penalties for a Third and Fourth Conviction in North Port, FL.
Fines
An individual who faces a third DUI conviction within 10 years of a prior DUI conviction will be charged with a third-degree felony, and they will have to pay a fine of up to $5,000. However, a third DUI conviction after 10 years of a prior DUI conviction will result in having to pay a fine between $2,000 and $5,000.
An individual who faces a fourth or subsequent DUI conviction (regardless of the time in between the other DUI convictions) will be charged with a third-degree felony, and they will have to pay a fine of up to $2,000 or more.
Jail
An individual who faces a third DUI conviction within 10 years of a prior DUI conviction will have to spend up to 5 years in jail. However, a third DUI conviction after 10 years of a prior DUI conviction will result in having to spend up to 12 months in jail.
An individual who faces a fourth or subsequent DUI conviction (regardless of the time in between the other DUI convictions) will have to spend up to 5 years in jail.
Driver’s License Suspension or Revocation
An individual who faces a third DUI conviction within 10 years of a prior DUI conviction will have their driver’s license revoked for up to 10 years.
An individual who faces a fourth or subsequent DUI conviction will mean that their driver’s license will be permanently revoked by the court.
Ignition Interlock Device
An individual who faces a third DUI conviction (regardless of the time in between the other DUI convictions) will result in the mandatory installation of an ignition interlock device in their vehicle for up to 2 years at their own personal expense when they qualify for a restricted or permanent license.
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DUI Accident Involving Property Damage or Bodily Injury in North Port, FL.
A driving under the influence (DUI) accident involving property damage or bodily injury will result in additional enhanced penalties that are separate from the penalties of a DUI conviction.
- DUI involving property damage or physical harm – An individual who was caught driving under the influence (DUI) and causes damage to another person’s property or inflicts physical harm on another person will be charged with a first-degree misdemeanor. The penalties include having to pay a fine of up to $1,000 and spending up to one year in jail.
- DUI involving serious bodily injury – An individual who was caught driving under the influence (DUI) and causes serious bodily harm to another person will be charged with a third-degree felony. The penalties include having to pay a fine of up to $5,000 and spending up to 5 years in jail.
- DUI involving manslaughter – An individual who was caught driving under the influence (DUI) and causes another person or unborn child to die will be charged with a second-degree felony. The penalties include having to pay a fine of up to $10,000 and spending up to 15 years in jail.
- DUI involving leaving the scene of an accident & manslaughter – An individual who was caught driving under the influence (DUI) and left the scene of an accident in which they knew, or should have been aware, that another person or an unborn child was injured and subsequently died, will be charged with a first-degree felony. The penalties include having to pay a fine of up to $10,000 and spending up to 30 years in jail.
From the initial call to updates on your case status, we are here to get you answers.
How a Criminal Defense Lawyer Will Help Your Case in North Port, FL.
A qualified criminal defense lawyer will be able to challenge a DUI charge based on constitutional, legal, or administrative rights, depending on the facts surrounding your case and the legitimacy of the police officer’s actions.
Here are some of the many ways that a criminal defense lawyer from The Law Place will be able to combat your charges:
- A criminal defense attorney will challenge the grounds on which the police officer stopped you.
- A criminal defense attorney will challenge the accuracy of the breathalyzer, blood, or field sobriety test.
- A criminal defense attorney will question whether the police officer read you the Miranda warnings and followed proper procedure.
If a criminal defense lawyer discovers that any step of the DUI charge was made in an unlawful manner, then the judge might dismiss the case altogether. That is why it is essential that you have a North Port DUI lawyer on your side to protect your legal rights and fight for a reasonable outcome for your case.
Underage Drunk Driving Penalties in North Port, FL.
The State of Florida has very strict laws when it comes to punishing minors who are guilty of drinking and driving. This is also known as Florida’s zero tolerance law.
If a driver under the age of 21 was caught drunk driving and their breath alcohol content (BAC) level was 0.02% or above, then they will face the following penalties:
- Their driver’s license will automatically be suspended for up to 6 months for a first offense. However, a second offense will increase the suspension period to 12 months.
- For a breath test refusal, their driver’s license will be suspended for up to 12 months for a first offense. However, a second or subsequent offense will increase the suspension period to 18 months for a breath test refusal.
A driver’s license suspension is automatic, and it immediately takes effect in the State of Florida. However, if the driver is under the age of 16 and they have not received their driver’s license yet, then their suspension will take effect as soon as the driver is old enough to receive their driver’s license.
If their blood or breath alcohol content (BAC) level was 0.05% or above, then they must take a substance abuse course before their suspension is lifted. Until they complete a substance abuse course, their driver’s license will be suspended indefinitely.
FAQ – North Port DUI Lawyer
What constitutes a DUI offense in North Port, Florida?
In North Port, Florida, a DUI offense typically involves being found driving a vehicle with a Blood Alcohol Content (BAC) above the legal limit, which is 0.08% for drivers over 21. It also includes impairment due to drugs, making it a serious criminal offense that can impact one’s life significantly.
How do law enforcement officers in North Port detect and handle DUI offenses?
Law enforcement officers in North Port use various methods to detect DUI offenses. These include sobriety checkpoints, breathalyzer tests, and field sobriety tests. If a driver is suspected of DUI, they are typically pulled over, and officers conduct these tests to ascertain impairment.
What are the potential penalties for a DUI offense in North Port, Florida?
Penalties for a DUI offense in North Port can include large fines, jail time, license suspension, and mandatory DUI education programs. For more severe cases, like DUI manslaughter or repeat offenses, the penalties are harsher, potentially involving extended jail time and higher fines.
Can a DUI lawyer in North Port help with cases beyond alcohol-related offenses, such as drug crimes?
Yes, DUI lawyers in North Port often have experience in a range of related practice areas, including drug crimes. They can provide legal representation and advice for offenses involving driving under the influence of narcotics or prescription drugs.
How does The Law Place approach Florida DUI cases, including those in North Port?
The Law Place approaches Florida DUI cases with a thorough understanding of both state and local laws. They aim to provide the best possible defense by scrutinizing evidence, challenging the procedures followed by law enforcement officers, and exploring every legal avenue to protect the rights of the accused.
Is DUI considered a more serious criminal offense compared to other crimes, like sex crimes?
While DUI is a serious criminal offense, the gravity compared to other crimes like sex crimes depends on several factors, including circumstances of the offense, prior criminal history, and specific details of the case. However, all such cases can have profound implications on an individual’s life.
What should I do if I’m accused of DUI in North Port, Florida?
If you’re accused of DUI in North Port, it’s crucial to seek legal representation immediately. Contact a DUI lawyer who can provide advice, help you understand your charges, and begin forming a defense strategy.
How can hiring a lawyer from The Law Place benefit my DUI case in Punta Gorda or North Port?
Hiring a lawyer from The Law Place can benefit your case significantly. Their lawyers have specific knowledge in DUI and other criminal offenses, and they understand the nuances of local jurisdictions, including North Port and Punta Gorda. They can help navigate the legal system, from dealing with the initial arrest to representing you in court.
What are the consequences of DUI on probation terms?
DUI charges can severely impact probation terms. It can lead to probation being revoked, additional penalties, and even jail time, depending on the nature of the probation and the specifics of the DUI case.
Why is it important to challenge the evidence in a DUI case?
Challenging the evidence in a DUI case is crucial as it can significantly impact the outcome. Evidence like breathalyzer results and field sobriety test outcomes can sometimes be contested for their accuracy. A skilled DUI lawyer can assess the validity of the evidence and argue for its dismissal if found to be flawed.
Contact a DUI Attorney at The Law Place Today
If you are facing a North Port, FL DUI, then you must hire a North Port DUI lawyer as soon as possible. You might be fearing possible criminal charges following your arrest, and it is imperative that you seek legal counsel from a reputable law firm to provide you with the support and guidance that you need to make the right decisions for your case.
The Law Place has over seventy-five years of collective experience in building strong DUI defense strategies for clients in North Port and throughout the State of Florida. Our law firm has the necessary knowledge and skills to protect your legal rights and fight for a favorable outcome for your DUI case.
Our team of DUI lawyers understands that the risks are high for you, and we want you to know that your future is in capable hands. We will investigate your charges, gather facts and information, speak to eyewitnesses, deal with the necessary paperwork, challenge the prosecutor, and develop a strong defense strategy for your case in North Port. Rest assured that a criminal defense attorney from our law firm will be at your side every step of the way, and they will make sure that you have not been wrongfully charged.
Contact The Law Place now on (888) 570-3598 to schedule a free consultation, with one of our North Port DUI attorneys and we will fight your DUI charges together. Phone lines are open 24/7.
