If you are arrested and charged with a DUI in Port Charlotte County, it can affect you for the rest of your life, especially if it is a felony charge. A Felony DUI in Florida comes with serious penalties including, jail time, expensive fines, and a permanent criminal record. A charge of this nature could devastate consequences. Not only will you be facing a permanent driving ban, but it will also affect your ability to apply for housing, certain jobs, and even vote. Therefore, it is in your best interest to fight these charges with the help of an experienced Port Charlotte criminal defense attorney.
At The Law Place, we have over seventy-five years of combined experience in handling criminal cases. We will work tirelessly to investigate your case and build a defense that could result in a reduction or even a dismissal of your felony DUI charges. During a free consultation, we will discuss all your options, including the defense strategies available to you. There really is no time to waste. Contact us today at (941) 444-4444. Our phone lines are open 24 hours a day, 7 days a week.
Driving Under the Influence in Florida
According to Florida Statute 316.193, Driving Under the Influence (DUI) of chemical substances, alcoholic beverages, or controlled substances is a criminal offense which is proved by the impairment of an individual’s normal faculties or blood alcohol/breath alcohol at an unlawful level of .08 percent or above. No matter how this offense is proven, the penalties upon a successful conviction will be the same.
According to the Florida Department of Highway Safety and Motor Vehicles (FHSMV), in 2017, there were 5,125 alcohol-related car accidents in Florida, and 350 of these were fatal. Unfortunately, drunk driving remains the most common cause of fatal traffic accidents in the state (26%).
Because of the potentially devastating consequences of drunk driving, Florida takes DUIs offenses very seriously. According to the Florida department of law enforcement, in 2018, there were a total of 32,177 arrests for driving under the influence.
The Penalties Associated With Felony DUI Charges in Florida
Florida Statute 316.193 outlines when a DUI is classed as a felony and how any person who is found guilty of the offense will be punished, for example:
Repeat DUI Offenders in Port Charlotte, FL.
If this is not your first DUI arrest, the charges you are set to face will be far more serious. Any driver in Florida who is convicted of a third driving under the influence offense within a 10-year period, or four or more DUI offenses, will face third-degree felony charges. Penalties and punishments include:
- A fine of up to $5,000.
- Five years in Florida state prison.
- A criminal record.
- A felony conviction that will remain on your criminal record.
DUI With Serious Bodily Injury in Port Charlotte, FL.
If you were driving under the influence in Port Charlotte and this resulted in the serious bodily injury of another person, you will face third-degree felony charges. Penalties and punishments include:
- A fine of up to $5,000.
- Five years in Florida state prison.
- A felony conviction that will remain on your criminal record.
Related Felony Charges
If you were driving under the influence in Port Charlotte and this resulted in the death of another person, the prosecutor can charge you with DUI manslaughter or vehicular homicide. Penalties and punishments will be determined by the circumstances of the offense, for example:
DUI Manslaughter in Port Charlotte, FL.
If you are charged with DUI manslaughter in Florida, you will face second-degree felony charges. Penalties include:
- A fine of up to $10,000.
- Fifteen years in a Florida state prison.
- A felony conviction that will remain on your criminal record.
DUI Manslaughter in Port Charlotte Involving Leaving the Scene
A driver is considered guilty of the crime of leaving the scene of an accident if they fail to remain at the site of a traffic collision that they were in some way involved in when that collision involved property damage, bodily injury, or death.
If it is established that you knew or should have known that an accident happened and failed to give information or render aid, you will face first-degree felony charges, penalties and punishments include:
- A fine of up to $10,000.
- Up to thirty years in Florida state prison.
- A felony conviction that will remain on your criminal record.
Vehicular Homicide in Port Charlotte, FL.
According to Florida Statute 782.071, vehicular homicide is the killing of another person or any injury to a mother that results in the killing of her unborn child, that is caused by any form of reckless driving that was likely to result in the death or serious bodily injury of another person. If convicted of this crime, you will face second-degree felony charges, penalties and punishments include:
- A fine of up to $10,000
- Up to fifteen years in Florida state prison.
- A felony conviction that will remain on your criminal record.
If you are found guilty of vehicular homicide involving leaving the scene in Port Charlotte, you will face first-degree felony charges. Penalties include a fine of up to $10,000 and thirty years in Florida state prison.
Any person who is accused of these serious criminal charges will need an experienced criminal defense lawyer at their side. For a free consultation, call The Law Place today.
We’re Florida’s top litigation team with over 75 years of combined experience
Driver License Revocation Periods for Port Charlotte DUI Convictions
Anyone who is convicted of driving under the influence in Port Charlotte, Florida, will face the following driver’s license revocation periods:
A first offense that does not involve bodily injury will come with a revocation period of no more than one year but at least 180 days.
- A first offense that involves bodily injury will come with a revocation period of at least three years.
- A second offense that is committed within five years of the first offense will come with a revocation period of at least five years. Defendants will be eligible for hardship reinstatement after one year.
- A third offense that is committed within ten years of the second offense will come with a revocation period of at least ten years. Defendants will be eligible for hardship reinstatement after two years.
- If a driver is convicted four times, they will face mandatory permanent license revocation, regardless of when prior offenses were committed. Defendants will be eligible for hardship reinstatement after five years. If applicable, the revocation period will commence upon release from prison.
- Any driver who is convicted of DUI manslaughter will face mandatory permanent revocation. If the driver has no prior DUI-related convictions, they will be eligible for hardship reinstatement after five years.
Losing your license can have devastating consequences for your day-to-day life. It could even result in your unemployment. To avoid license suspension following a Port Charlotte DUI arrest, you will need to fight your felony DUI charges in court. Call The Law Place today to schedule your free consultation.
From the initial call to updates on your case status, we are here to get you answers.
Possible Defenses to Felony DUIs in Port Charlotte
If you are facing felony DUI charges in Port Charlotte, you might think that you have no options. However, a skilled criminal defense lawyer can build a strong defense strategy that could result in a reduction of your criminal charges or even a dismissal. Some common defenses to felony DUI charges include:
- Challenging the actions of the arresting officer – Law enforcement officers in Port Charlotte are required to inform drivers of the exact reason for the traffic stop. If the driver is then arrested, the police officer is required to state the driver’s criminal charges and their Miranda rights. If this did not happen in your case, your attorney could argue that your stop and arrest were unlawful.
- Questioning the results of your field sobriety test – Arguably, field sobriety tests are very subjective. They rely on the opinions, prejudices, observations, and training of the arresting officer. A skilled attorney could question the validity of your test results.
- Lack of evidence – A judge and jury will be required to find you guilty beyond any reasonable doubt. If there is not enough evidence to support this, your case could be thrown out. An experienced criminal defense lawyer can give rise to any doubt in your DUI case.
- Improper chemical testing – The blood, breath, and urine tests that are used to determine your blood alcohol levels are not always accurate. There are many cases of lawyers in Florida winning cases due to questions surrounding the validity of these tests.
- Right to a speedy trial – Often, the DUI blood tests that are used in these cases can interfere with your right to a speedy trial because of the delays the state prosecutor might face following a request for the blood test results. An experienced criminal defense attorney could also file a motion to suppress or exclude these results leading to a dismissal of your DUI charges.
For more information about the defenses that may be available to you, call The Law Place for a free consultation.
Can I Refuse a Blood or Breath Test in Port Charlotte, FL?
Many drivers in Port Charlotte assume that if they refuse to take a breath it blood test following a traffic stop, they will avoid DUI charges. However, this can actually make the situation worse. According to Florida’s “implied consent” laws, all drivers who are lawfully arrested for a DUI must submit to a breath, blood, or urine test. If a driver unlawfully refuses these tests, they will face a one-year driver’s license revocation.
Amy driver who refuses these tests for a second time will face an 18-month license revocation period and first-degree misdemeanor charges. Penalties include a fine of up to $1,000 and up to one year in jail.
Plea Bargaining in Port Charlotte DUI Cases
In some cases, it might be in a driver’s best interest to agree to a plea bargain for reduced penalties. For example, by pleading guilty to a lesser DUI offense such as “wet reckless.” An experienced criminal defense lawyer from a respected law firm will be well equipped to arrange a plea bargain with the prosecutor because it is likely that they have worked with them before. Furthermore, without advice from a DUI lawyer, you might be persuaded to agree to a plea bargain when there are possible defenses to your charges.
It is also important to consider that if you are found guilty of any subsequent violations such as a DUI involving manslaughter or a BAC that is above 0.15%, these charges cannot be pled down or reduced. The only way to avoid these convictions is to contest them in court with the help of a skilled criminal defense lawyer. Call the Law Place to find out more in a free consultation.
Can a Port Charlotte DUI Arrest Be Expunged From Your Records?
Unfortunately, if you were arrested or charged with DUI in Port Charlotte County, this will show up on your arrest records and any criminal background checks, even if you were never actually convicted. You may be forced to disclose the DUI arrest and charges in some situations, for example, when applying for jobs. You do have the option of sealing your record to prevent your DUI charges from showing up in most private employment background checks, and in most cases, you will not be required to disclose them.
If a criminal defense lawyer successfully had your DUI charges reduced to reckless driving and adjudication was withheld, then you may be able to seal the record. If your DUI charges were dropped completely or dismissed by the court, then you may have the option of expunging the record. This is a long and complicated process, but an experienced DUI criminal defense lawyer can help you through the legal process.
If your Port Charlotte DUI arrest resulted in a criminal conviction, then you will not be eligible to expunge or seal the record and will need to fight your charges in court with the help of a qualified criminal defense attorney.
Should I Hire a Port Charlotte Criminal Defense Lawyer?
A felony conviction will result in far more than a prison sentence and a large fine. It will remain on your criminal record, and this could make it difficult for you to find employment, prevent you from renting or buying a home, and prevent you from being approved for a student loan. You may even be prohibited from owning a weapon and lose your right to vote.
If you have been arrested for a DUI in Port Charlotte and are facing felony charges, you are going to need an experienced criminal defense attorney at your side. Only the most skilled attorneys will be able to minimize the consequences you are set to face. Even if an attorney can not have your conviction expunged, they could work to lessen the charge.
Call The Law Place for a Free Consultation With a Florida Criminal Defense Attorney
If you have been arrested for a DUI in Port Charlotte County and are facing felony charges, The Law Place can help. Our team of experienced and dedicated criminal defense attorneys has the skills needed to fight these difficult cases.
Our law firm will work tirelessly to build a strong legal defense that will give you the best shot at a positive outcome in your case. Call today to schedule a free consultation at (941) 444-4444. Our phone lines are open 24 hours a day, 365 days a year.