Throughout the State of Florida, driving under the influence of alcohol or drugs is considered a serious crime. It carries with it the potential for third-degree felony charges, depending on how serious the crime was. In Port Charlotte, Florida, being charged and convicted with a DUI can massively impact the rest of your life. A felony conviction can result in a permanent criminal record which can affect your future job and education prospects, amongst many other things.
If you have been charged with a Port Charlotte DUI, you should contact an experienced Florida DUI attorney today. Having the assistance of a lawyer is important when facing serious DUI charges. They will use their knowledge and experience to help abolish your charges or reduce them from a felony to a misdemeanor in Port Charlotte, Florida.
We recommend acting fast and contacting a DUI lawyer as soon as possible. This is because it takes time to build a strong DUI defense as it requires a thorough investigation, including speaking with witnesses and examining any police reports. Additionally, your memory of the incident may become clouded the longer you leave seeking legal assistance.
Here at The Law Place, we are ready to take on your case and build a strong DUI defense on your behalf. Our law firm has over 75 years of combined experience in multiple practice areas, meaning you will benefit from a wide range of knowledge. Our lawyers are skilled in managing cases like yours and will do everything in their power to fight for your legal rights. We offer a free consultation where you can speak with an experienced DUI attorney from our law firm without any strings attached.
Don’t waste any time contacting us. Call today at (941) 444-4444 for your free consultation with a DUI attorney in Port Charlotte. Our lines are open 24/7 for your convenience.
Definition of Driving Under the Influence Charges in Port Charlotte, FL.
There are numerous types of criminal charges you may face if you have been arrested for DUI in Port Charlotte, Florida. Florida Statute 316.193 sets out the laws for driving under the influence (DUI) and provides that you may face a conviction if you are found to be operating a vehicle or under the physical control of a vehicle whilst under the influence of alcohol or drugs. It states that you must have a blood alcohol content (BAC) level of 0.08% grams of alcohol per 100 milliliters of blood or per 210 liters of breath in order to face a criminal conviction.
Driving Under the Influence (DUI) Penalties and Laws in Port Charlotte, FL.
If you receive a DUI conviction in Port Charlotte, you may face serious penalties depending on both your previous criminal history and how serious the crime was. If you have a criminal history of drunk driving, you will face more serious charges, which could amount to huge fines and a long period of imprisonment. Some of the charges you may face if it is your first or second DUI conviction include:
- Fines – Receiving a DUI conviction for the first time can amount to a $500-$1000 fine. If this is your second DUI, this fine will increase to $1000-$2000.
- Jail time – Being convicted of a DUI for the first time can result in up to 6 months imprisonment, and this jail time will increase to up to 9 months for a second conviction.
- Suspension or revocation of your driver’s license – Under Florida Statute 322.28, it is provided that your driver’s license will be suspended for up to 180 days for your first DUI conviction. If you have been convicted for a second time within 5 years of your previous conviction, a court can revoke your driver’s license for a period not exceeding 5 years.
- Ignition interlock device – Following a first-time Port Charlotte DUI conviction, an ignition interlock device may be placed in your vehicle for up to 6 months. This can extend to one year following a conviction for the second time, provided that you can qualify for a permanent or restricted license.
Enhanced Penalties for a DUI Collision That Resulted in Property Damage or Serious Bodily Injury in Port Charlotte, FL.
If a person who is driving under the influence of alcohol or drugs causes a collision, it is common for property damage or serious personal injury to occur. When this happens, separate charges can be brought against the person responsible.
If your DUI accident resulted in another person suffering bodily harm or damage to their property, the accused could be charged with a first-degree misdemeanor. A charge of this kind carries with it fines of up to $1,000 in addition to up to one year in a Port Charlotte jail.
When a person has suffered serious personal injury as a result of a DUI collision, the penalties increase to a third-degree felony. A felony of this kind is considered very serious in Port Charlotte and carries with it up to 5 years imprisonment in addition to fines of up to $5,000.
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Understanding the Severity of DUI Charges in Port Charlotte, FL.
If you are under the influence of alcohol or drugs while behind the wheel, it is likely that your driving abilities will be affected. As provided under Florida Statute 316.1934, if your typical judgment and everyday faculties are affected as a result of being under the influence, you can be charged with a DUI in Port Charlotte. Some of the everyday faculties provided under the Statute include:
- Hearing ability.
- Sight.
- An ability to make quick judgments and react fast.
- An ability to drive an auto vehicle.
- General speaking and walking ability.
- Depth perception.
There are a number of reasons you may have been pulled over by a police officer in Port Charlotte and subsequently charged with DUI. You may have disobeyed traffic signals, swerved onto the other side of the road, ran a red light, or you may have been caught speeding.
If a police officer suspects that you are drunk driving, they will usually request that you take a breathalyzer or a field sobriety test. If you refuse to take this test or if you fail the test, it is likely that you will be arrested and brought to a Port Charlotte police station. When this happens, both law enforcement and a prosecutor will determine whether you can face criminal charges and if so, you will be placed into custody. Having the assistance of an experienced DUI attorney will help your case greatly as they will examine how accurate the breathalyzer test was and question any evidence brought against you.
From the initial call to updates on your case status, we are here to get you answers.
Underage DUI Charges in Port Charlotte, FL.
The State of Florida is known for having strict regulations for underage drinking and generally adopts a zero-tolerance approach. The law allows for a police officer to carry out a breathalyzer test on any minor under the age of 21 if they believe they have consumed alcohol. Additionally, a police officer is allowed to breathalyze any minor they suspect to be driving under the influence.
The minimum blood alcohol content (BAC) for adults in the State of Florida is 0.08%. However, a person under the age of 21 can face a DUI conviction for a blood alcohol content level of 0.02%. If a minor is found to be driving under the influence of alcohol or drugs in Port Charlotte, they can face severe penalties such as:
- If a minor is caught driving under the influence for the first time, their license can be suspended for up to 6 months. This suspension period increases to up to 12 months if they are caught for a second time.
- If an underage person refuses to take a breathalyzer test, they can face an immediate license suspension for a period of up to 12 months. If they are caught a second time and refuse again to take a breathalyzer, their license can be suspended for up to 18 months.
It is important to note that the suspension of a driver’s license takes effect immediately and is a mandatory measure for minors. When an individual who is under the age of 16 gets caught drunk driving and does not yet have their license, the suspension takes place from the moment that they are eligible to get their license.
If a minor wants to have their license suspension revoked in Port Charlotte, they are required to take a substance abuse course, provided that their blood alcohol level was over 0.05% at the time of the offense. This means that the suspension of their license will stay in place indefinitely until they complete this course.
Why You Need a DUI Defense Attorney to Defend Your Rights in Port Charlotte, FL.
If you are facing a DUI in Port Charlotte, Florida, the criminal penalties you face may be quite severe. Depending on how serious the crime was, you could be looking at large fines or time in jail. Even if the criminal charges you face are minor, they could impact your life and result in you receiving a more severe penalty in the future. This is why we recommend seeking the assistance of a Port Charlotte DUI lawyer.
At The Law Place, our DUI lawyers have a lot of experience in managing DUI cases and have a proven track record in getting charges reduced and thrown out. Some examples of the methods our DUI lawyers use include:
- Questioning the validity of a blood test, a breathalyzer, or a field sobriety test.
- Questioning the circumstances surrounding the traffic stop by a member of law enforcement.
- Petitioning to get your statements that you made at the time of the incident concealed. It is possible that your statements were made without awareness of your legal rights in Port Charlotte.
When a member of law enforcement pulls you over for suspicion of DUI, they are required to follow a number of steps. When these steps haven’t been followed, or law enforcement has acted unlawfully in your arrest, it is likely that a judge will throw the case out. However, without the assistance of a DUI attorney, it can be difficult to make these arguments in court and get your criminal charges dismissed. An experienced Florida criminal defense lawyer can do this on your behalf and get your Port Charlotte DUI charges thrown out.
Contact The Law Place Today
If you have been arrested and charged with a DUI in Port Charlotte, it is important that you seek the assistance of an experienced criminal defense attorney today. Being faced with criminal charges can be stressful, and trying to navigate the criminal legal system alone can add additional stress. Depending on how serious your criminal charges are, you could be looking at a felony conviction which can impact the rest of your life, including your future job and education prospects in Port Charlotte, Florida.
Here at The Law Place, we have over 75 years of experience in criminal law and in related practice areas. We offer a free consultation where you can receive honest, unbiased legal advice from an experienced DUI lawyer. If you decide to proceed with us as your legal representative, a DUI attorney will work tirelessly to ensure that you receive the best possible outcome for your case.
We will conduct an investigation on your behalf by questioning any witnesses and examining the police reports of the incident. We will use all of the evidence we have gathered to build a strong criminal defense for your Port Charlotte DUI charge. Our priority is ensuring that you receive justice and that the rest of your life is not impacted by these criminal charges.
Don’t waste time contacting us. The sooner you do, the more time we have to build a strong criminal defense which increases our chances of winning your Port Charlotte DUI case.
Call today at (941) 444-4444 for your free consultation with a DUI lawyer. Our lines are open 24 hours, 7 days a week, so you know that we are always here.