If you have been pulled over and arrested for driving under the influence (DUI) in North Port, then you need to understand the severity of the situation. You are most likely facing criminal charges, which can have a serious effect on your future. It is also important that you understand the impact that a DUI conviction can have on you and your family.
You must reach out and speak to a criminal defense lawyer who can explain the law on DUI to you and help you to know what to expect following your arrest. If you do not hire a lawyer, then you will be on your own against the prosecution in court, and you will be unlikely to succeed in avoiding criminal charges.
At The Law Place, we have collected over seventy-five years of experience in managing North Port DUI cases with great success. Our practice areas cover all types of DUI cases, such as felony DUI, misdemeanor DUI, manslaughter DUI, underage DUI, and more. Our law firm has a reputation for providing the best representation for people who are being accused of drunk driving across the State of Florida. We have fought and won many battles with our team of skilled criminal defense attorneys.
Our law firm has an in-depth understanding of the laws on driving under the influence of alcohol or drugs (DUI/DWI), and we will explain your legal rights under Florida law. We are aware of the consequences that come with a criminal charge like DUI and how it can affect your personal or professional life in a detrimental way.
Call today to set up a free consultation, in which a DUI lawyer will talk you through the process step by step and fight to get your charges dropped entirely or reduced significantly. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and we will fight your misdemeanor DUI charges together in the State of Florida.
The Law on Misdemeanor DUI in North Port, FL.
You can be charged with driving under the influence if you are caught driving or in physical control of a vehicle while under the influence of alcohol or any chemical substance as defined in Florida Statute 877.111, or any controlled substance as stated in Chapter 893. If the alcohol or drugs affected you to the extent that your normal faculties were impaired, or your breath or blood alcohol content (BAC) level was 0.08% or higher, then you are guilty of driving under the influence.
The law applies to both alcohol and drugs. You can be charged with a misdemeanor DUI, regardless of what type of drugs or alcohol you consumed. The most important factor is that your normal faculties were impaired by the usage of an intoxicating substance.
Differences Between Misdemeanor DUI and Felony DUI in North Port, FL.
It is important that you understand the differences between a misdemeanor DUI and a felony DUI, as these charges will result in very different consequences. However, both have the potential to be severe.
A first DUI and a second DUI offense are usually charged as a misdemeanor in the State of Florida. However, the penalties for a misdemeanor will vary depending on the level of your blood alcohol content (BAC) at the time of the arrest.
If your blood alcohol content (BAC) level was between .08% and .14%, then you will face the following penalties:
- A fine as high as $1,000.
- Spending up to six months in jail.
- A license suspension for a maximum of one year.
- Probation community service.
- Attending DUI school.
If your blood alcohol content (BAC) level was .14% or above, then the penalties will be further enhanced.
A third or subsequent DUI within 10 years of the previous DUI charge or a DUI that involves serious bodily injury or death will be classed as a felony in the State of Florida. The most serious penalties for a DUI will result in having to pay a maximum $10,000 fine and spending up to 15 years in prison.
Types of DUI Offenses and Penalties in North Port, FL.
A North Port DUI lawyer will explain the different categories of driving under the influence (DUI). The specific charges against you will depend on a series of factors, such as:
- The amount of prior DUI offenses you have on your record.
- The level of your breath or blood alcohol content (BAC) at the time of your arrest.
- The length of time between your last DUI offenses.
- If a person suffered a personal injury or was killed.
- If there was property damage.
First DUI Offense
- You will have to pay a fine between $500 and $1,000.
- Revocation of your driver’s license for six months to one year.
- Spending up to six months in prison.
- A 10-day vehicle impoundment.
- Mandatory reporting probation for up to one year, which includes attending an alcohol safety education class, substance abuse evaluation, taking any recommended treatment, and performing up to 50 hours of community service.
Second DUI Offense
If five years after the prior DUI conviction:
- You will have to pay a fine between $1,000 and $2,000.
- Revocation of your driver’s license for six months to one year.
- Spending up to nine months in prison.
- A 30-day vehicle impoundment.
- Mandatory reporting probation for up to one year, which includes attending an alcohol safety education class, substance abuse evaluation, taking any recommended treatment, and performing up to 50 hours of community service.
In the case of a second DUI offense within five years of the prior DUI conviction, it is mandatory for you to spend up to 10 days in jail, and your driver’s license will be revoked for up to 60 months.
Third DUI Offense
If 10 years after the prior DUI conviction:
- You will have to pay a fine between $2,000 and $4,000.
- Revocation of your driver’s license for up to one year.
- Spending up to a year in prison.
- A 90-day vehicle impoundment.
- Mandatory reporting probation for up to one year, which includes attending an alcohol safety education class, substance abuse evaluation, taking any recommended treatment, and performing up to 50 hours of community service.
In the case of a third DUI offense within five years of the prior DUI conviction, it is mandatory for you to spend up to 30 days in jail, and your driver’s license will be revoked for up to 120 months. This is classed as a felony DUI.
Penalties will vary depending on the facts surrounding your case. Every situation is different. You must speak to a North Port DUI lawyer to fully understand the situation after your drunk driving arrest, especially if your case or your history involves:
- Multiple offenses – Individual offenses are classed as misdemeanors, but they can be charged as a felony if you are convicted more than once. If your third DUI offense occurs within 10 years of the prior DUI conviction, then you can be prosecuted for a felony DUI.
- High blood alcohol content (BAC) or a minor in the vehicle – If your blood alcohol content (BAC) level was .20% or higher, or there was a minor present in the vehicle at the time of the arrest, then your fines will be doubled, and you will be sent to prison for nine months for a first offense and 12 months for a second offense.
- Serious bodily injury DUI – If you caused serious injury to another person by drunk driving, this could be classed as a felony. The injuries must involve permanent disfigurement or a condition that creates a serious risk of death for this to apply.
Ignition Interlock Devices in North Port, FL.
An ignition interlock device can be installed in a car to ensure that the driver has not been drinking before getting behind the wheel. The driver must give a sample of breath into the device before the motor vehicle can start. The device will prevent the engine from starting if the result of the breath test shows that the driver has alcohol on their breath.
- First DUI offense – An ignition interlock device will not be required for a blood alcohol content (BAC) level of below .15%. However, if the blood alcohol content (BAC) was .15% or above, then the driver is required to have an ignition interlock device installed in their vehicle for at least six months.
- Second DUI offense – An ignition interlock device is mandatory for up to one year if the blood alcohol content (BAC) level was below .15%. However, it will last for a minimum of two years if the blood alcohol content (BAC) was .15% or above.
- Third and Fourth DUI offense – An ignition interlock device is mandatory for a minimum of two years.
Contact The Law Place Today in North Port, FL.
If you were caught drunk driving in North Port, then you will need the assistance of a criminal defense attorney to explain your legal rights and guide you through the legal system in the State of Florida.
For a first-time offender, you will most likely be charged with a misdemeanor DUI. However, you should not take this charge lightly. A conviction for a misdemeanor can have a serious impact on your life, including your insurance rates, future employment opportunities, and more. You must hire a criminal defense lawyer with the necessary skills to help you fight against these charges.
The Law Place has over seventy-five years of combined experience and knowledge in helping clients that are facing criminal charges for driving under the influence all over the State of Florida. We understand that you might be feeling overwhelmed at the thought of having a misdemeanor DUI on your criminal record, but a criminal defense lawyer will provide you with all the support and guidance that you need to make it through.
A DUI case can be very complex. Our team of DUI lawyers is ready to take on your case and build a strong defense strategy to take into the courtroom. Rest assured that we will fight to get your charges reduced or even dropped altogether.
Our DUI lawyers can offer you a free consultation today, in which they will talk you through the process and answer all your questions in regard to your North Port DUI case. The phone lines to our office are available twenty-four hours a day, seven days a week so that we can be there to talk to you when you need it the most.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and we will fight your misdemeanor DUI charges together in the State of Florida.
