If you are were arrested for driving under the influence (DUI) in St. Petersburg, then you must learn your legal rights under Florida law. There are severe consequences that come with a DUI conviction, and you will need to hire a criminal defense lawyer to protect your future.
At The Law Place, we have over seventy-five years of combined experience and knowledge in fighting DUI convictions for clients who live in St. Petersburg and all over the State of Florida. Our law firm has managed hundreds of DUI cases over the years, and we know that we can win your case too.
If you have questions in regard to driving under the influence of alcohol or drugs, then don’t hesitate to call our office today. We are here for you, night and day. Contact The Law Place now on (941) 444-4444 to schedule a free consultation.
Defining Driving Under the Influence (DUI) in St. Petersburg, FL.
Florida Statute 316.193 writes that a driver will face a DUI conviction in the event that they were caught:
- The driver was operating or in control of a motor vehicle while under the influence of alcohol, chemical substances as explained in Florida Statute 877.111, or controlled substances as outlined in Chapter 893.
- The driver’s breath alcohol content (BAC) was 0.08 grams of alcohol per 210 liters of breath, or their blood alcohol content (BAC) level was 0.08 or more grams of alcohol per 100 milliliters of blood.
What Tests Prove a DUI in St. Petersburg, FL?
Police officers have a list of tests and methods that they can perform to find out if a driver is under the influence of alcohol or drugs.
- Coordination exams – A coordination exam is the fastest way to prove that a driver is intoxicated. The task involves balancing on one foot, walking in a straight line, or touching your nose to test whether the driver is capable of performing the task without stumbling or falling over.
- Verbal exams – A verbal exam will require the driver to repeat the alphabet backward or practice a different verbal test to see if they slur when they are talking or experience cognitive difficulty.
- Breathalyzer test – A breathalyzer test is one of the most accurate tests available. A police officer will ask the driver to blow air into the breathalyzer device for it to measure the infrared light and detect alcohol molecules in the driver’s mouth.
- HGN test – A HGN test is also known as horizontal gaze nystagmus. A police officer will test the driver’s eye reactions by shining a sudden light on them.
- Blood/urine test – A blood or urine test is either performed at the police station or in a specialized testing motor vehicle. BAC or drugs can accurately be measured by taking blood or urine chemical tests.
You have the right to refuse to take an exam or test in the State of Florida. However, Florida Statute 316.1932 writes that you will lose your driver’s license for up to one year according to implied consent law.
Understanding Normal Faculties in St. Petersburg, FL.
It is completely illegal for a driver to consume alcohol or drugs and get behind the wheel, especially when it affects their normal faculties and judgment. Alcohol and drugs are known for having a serious effect on people’s normal faculties, which include:
- Sight.
- Hearing.
- Speaking.
- Judgment and logic.
- Depth perception.
- Walking.
If your behavior shows that your normal faculties are affected by consuming alcohol or drugs, then a police officer has the authority to charge you with a DUI, even if you do not have a blood alcohol level of over 0.08.
DUI Factors in St. Petersburg, FL.
It is imperative that you speak to a St. Petersburg DUI attorney because a DUI is a serious offense. The consequences that you will face for a DUI depends on the following factors:
- Was there a minor present in the motor vehicle at the time of your arrest?
- What was the level of your blood alcohol content or breath alcohol content?
- What is the number of prior convictions on your criminal history record?
- Did an accident happen?
- Did the accident cause serious bodily injury or death?
Underage Drinking and Driving in St. Petersburg, FL.
The zero-tolerance law is for minors who are guilty of drinking and driving in the State of Florida. If the minor’s breath alcohol content (BAC) level was 0.02, then they will face the following penalties:
- A driver under the age of 21 will face a license suspension for up to 6 months. However, a second offense will lead to their license getting suspended for up to 12 months.
- If a driver under the age of 21 refuses to take a breath test, then they will face a license suspension for up to 12 months. However, a second or third offense will lead to their license getting suspended for up to 18 months.
A license suspension will take effect straight away in the State of Florida. If a driver is under the age of 16 and they have not received their license yet, then the period of license suspension will take effect as soon as the driver obtains their license.
However, a driver will have to attend a substance abuse course in order to lift their license suspension in the event that their blood or breath alcohol content (BAC) level was over 0.05. The license will be suspended until the driver completes the course in St. Petersburg.
Duty of Care in St. Petersburg, FL.
If you were caught driving under the influence of alcohol or drugs, and it leads to a car accident, then you will need to hire a criminal defense lawyer as soon as possible. The prosecutor has a responsibility to prove negligence in a car accident, and you will need to have a strong DUI defense strategy to battle their claims.
A DUI defense lawyer from The Law Place will conduct an investigation into the accident and collect evidence in order to defend your legal rights. The prosecutor will work to prove the four points of negligence:
- Duty of care – Every driver owes other road users a duty of care which includes following the rules of the road and traveling safely.
- Breach – A driver acted in a negligent manner and broke their duty of care.
- Causation – A driver caused an accident as a result of their breached duty of care.
- Damages – A driver’s negligent actions resulted in personal injuries and other damages.
Florida Statute 768 explains negligence law.
DUI Statistics in St. Petersburg, FL.
The statistics for drunk driving accidents are quite high in the United States. The damages and deaths in association with drunk driving are roughly calculated at $44 billion.
Drunk drivers caused up to 29% of all car accidents, and close to 10,511 people were killed in drunk driving accidents in the year 2018. There were up to 3,133 people killed in car accidents in the year 2018, and 814 of the car accidents were caused by drunk driving, according to The National Highway Traffic Safety Administration (NHTSA).
The statistics for drunk driving were released by the Centers for Disease Control and Prevention and Mothers Against Drunk Driving (MADD) in the United States:
- There were close to one million people that were arrested for driving under the influence of alcohol or drugs in the year 2016.
- 3 in 10 drivers who were between the ages of 34 and 35 caused car accidents in the year 2016.
- 25% of motorcyclists who had a blood alcohol content (BAC) level of 0.08% or higher were killed in car accidents in the year 2016. In addition, the motorcyclists who are at the highest risk of traveling drunk were between the ages of 35 and 39.
- People who have been caught driving drunk and causing a car accident are 4.5 times more likely to have received a previous charge of driving while intoxicated (DWI) in the past.
- Drivers under the age of 21 caused one in seven DUI accidents in the year 2008.
- The average drunk driver has been intoxicated behind the wheel more than 80 times before they have received their first DUI charge.
- Two out of three people run the risk of getting involved in a DUI accident during their lifetime.
- Up to 800 people suffer injuries every day in a DUI accident.
- The main age demographic for people who are caught drunk driving is between the ages of 26 and 29.
Types of DUI Charges in St. Petersburg, FL.
Driving under the influence (DUI) charges are serious at every level. A drunk driver could receive a misdemeanor or a felony, depending on the facts surrounding their case, their criminal history record, and the number of times that they have been convicted in the past. Here is a basic guideline for a DUI charge:
- A first offense – Misdemeanor.
- A second offense – Misdemeanor.
- A third offense – Misdemeanor (if the driver does not have a prior DUI conviction within the last 10 years).
- A third or subsequent offense – Felony (if the driver has committed a prior DUI offense within the last 10 years).
The above charges are not a guarantee for your case in specific. Every case is different from the next, and they will each require an extensive investigation into the facts and circumstances. Here are some of the most common examples of DUI cases:
- DUI involving property damage – First-degree misdemeanor.
- DUI involving serious bodily injury – Third-degree felony.
- DUI involving death – Second-degree felony.
It is worth taking the time to discuss your case with a St. Petersburg DUI attorney. They will explain the charges that you could potentially face and answer all of your questions. Call The Law Place to set up a free consultation and speak to a criminal defense lawyer now.
DUI Penalties in St. Petersburg, FL.
Driving under the influence has the potential to result in a number of different charges in St. Petersburg. If you are convicted on account of a DUI, then you should be aware that it will affect your personal and professional life, along with affecting the lives of your family and friends. We highly recommend that you hire a criminal defense lawyer to protect your future and fight for your legal rights following an arrest. The following are some of the most common DUI penalties in the State of Florida.
1st DUI conviction (blood alcohol content under .15):
- You will have to spend up to 6 months in jail.
- You will face up to 12 months of probation.
- You will have to pay a fine between $500 and $1,000.
- You will face a driver’s license suspension between 6 months to 1 year.
- You will face motor vehicle impoundment/immobilization for up to 10 days.
- You will have to complete a course at DUI school and follow treatment.
- You will have to complete 50 hours of community service.
1st DUI conviction (blood alcohol content at .15 or higher or a minor in the vehicle):
- You will have to spend up to 9 months in jail.
- You will face up to 12 months of probation.
- You will have to pay a fine between $1,000 and $2,000.
- You will face a driver’s license suspension between 6 months to 1 year.
- You will have an ignition interlock device installed in your motor vehicle that will last between 6 months to 1 year.
- You will face a motor vehicle impoundment/immobilization for up to 10 days.
- You will have to complete a course at DUI school and follow treatment.
- You will have to complete 50 hours of community service.
2nd DUI conviction within 5 years of a previous DUI conviction (blood alcohol content at .15 or higher or a minor in the vehicle):
- You will have to spend 10 mandatory days in jail, plus between 9 months to 1 year.
- You will face up to 12 months of probation.
- You will have to pay a fine between $2,000 and $4,000.
- You will face a driver’s license suspension for up to 5 years.
- You will have an ignition interlock device installed in your motor vehicle that will last between 1 to 2 years.
- You will face a motor vehicle impoundment/immobilization for up to 30 days.
- You will have to complete a course at DUI school and follow treatment.
- You will have to complete 50 hours of community service.
2nd DUI conviction more than 5 years after a previous DUI conviction (blood alcohol content at .15 or higher or a minor in the vehicle):
- You will have to spend between 9 months and 1 year in jail.
- You will face up to 12 months of probation.
- You will have to pay a fine between $1,000 and $4,000.
- You will face a driver’s license suspension between 6 months to 1 year.
- You will have an ignition interlock device installed in your motor vehicle that will last between 1 to 2 years.
- You will face a motor vehicle impoundment/immobilization for up to 30 days.
- You will have to complete a course at DUI school and follow treatment.
- You will have to complete 50 hours of community service.
Other DUI Penalties in St. Petersburg, FL.
- Car insurance rates – Your car insurance rates will skyrocket after receiving a DUI conviction, and it will be written on your driving record in the State of Florida. In some cases, your car insurance company might even drop you as a client.
- Keeping a job – Your boss has the legal authority to fire you for receiving a DUI because the State of Florida is an at-will employment state.
- Finding a job – There are many businesses that do not hire people with a criminal history record, which means that you could face difficulty finding a new job.
- Criminal record – If you plead guilty or no contest, then the judge will adjudicate you guilty in the court of law, and you will receive a criminal history record. A conviction will prevent you from sealing or expunging your record. In addition, adjudication cannot be withheld for a DUI charge in the State of Florida. If you want to remove it from your criminal history record, then your only option is to appeal to the Officer of the Governor for a pardon.
- Deportation – If you are a green card holder and you are convicted for a DUI, then you could lose your privilege to live in the State of Florida.
- International travel – If you have a DUI on your criminal history record and you are looking to travel, then you should know that there are some countries that will not let you in.
- Loans – A DUI conviction can lead to your credit rising, which will affect your overall credit score and prevent you from getting a loan. In addition, you will also damage your credit rating by failing to pay a court fine.
- Parenting – If you have multiple DUI charges, or even one DUI involving drugs, then you could be robbed of parental custody. A family law judge has the discretion to give custody of children.
- Education – There are some colleges that have strict admission policies, which means that you could struggle to get an education following a DUI conviction.
Driver’s License Suspension or Loss of Driving Privileges in St. Petersburg, FL.
- 1st DUI arrest – A first DUI arrest will result in a driver’s license revocation for minimum 6 months but up to 1 year.
- 2nd DUI arrest (within 5 years of a previous DUI) – A second DUI arrest within 5 years of a previous DUI will result in a driver’s license revocation for a minimum of 5 years. However, you could receive a hardship license after one year, depending on your eligibility.
- 3rd DUI arrest (within 10 years of a previous DUI) – A third DUI arrest within 1 year of a previous DUI will result in a driver’s license revocation for a minimum of 10 years. However, you could receive a hardship license after two years, depending on your eligibility.
- A 4th DUI arrest (regardless of the time passed since the previous DUI) – A fourth DUI arrest, regardless of the amount of time that has passed since the previous DUI, will result in a mandatory permanent driver’s license revocation. A hardship license is unavailable.
- A DUI involving manslaughter – A DUI involving manslaughter will result in a mandatory permeant driver’s license revocation. However, you could receive a hardship license reinstatement after 5 years (you must have no prior DUI convictions on your record).
- A DUI involving manslaughter, serious bodily injury, or vehicular homicide – A DUI involving manslaughter, serious bodily injury, or vehicular homicide will result in a driver’s license revocation of 3 years, minimum.
Facts About Getting Charged With a DUI in St. Petersburg, FL.
There are a number of rules and regulations involving DUI charges in the State of Florida. People who live in the state should educate themselves on the laws following a DUI charge. Here are a few of the little known facts about a DUI:
- Refusing to take a chemical test – You implicitly consent to take a chemical DUI test as soon as you receive your driver’s license in the State of Florida. If you refuse to take the test upon the request of a police officer, then it is classed as a misdemeanor offense, and you will face a license suspension even if you are not guilty of a DUI.
- You can get charged with a DUI without actually driving – If you are drunk, then you are forbidden from being in ‘actual physical control’ of a motor vehicle. You could get arrested for a DUI, even if you are sitting in a parked motor vehicle, sleeping in the back seat, or the keys are next to you while you are under the influence of alcohol or drugs.
- Your breath alcohol content (BAC) level does not have to be .08 – If your breath alcohol content (BAC) limit is under, a police officer can still have a reasonable suspicion to believe that you have consumed alcohol or drugs, and they have the authority to arrest you.
- Some people do not qualify for a public defender – If the property is over $2,5000 in value, then you will not qualify for a public defender. You will have two other options: face the court alone or hire a St. Petersburg DUI attorney from The Law Place.
Contact The Law Place Today in St. Petersburg, FL.
If you have been arrested for driving under the influence of alcohol or drugs, then you need to understand the details of your charges in St. Petersburg. A DUI conviction will affect every aspect of your life, and you will need the best legal defense to battle the charges.
At The Law Place, we have over seventy-five years of collective experience when it comes to defending clients who are facing DUI charges in St. Petersburg and throughout the State of Florida. Our law firm has an in-depth understanding of DUI law, and we will guide you through the legal system with skill and efficiency.
We believe that you should not have to suffer the rest of your life over one honest mistake, and we want to be the ones to help you. If you choose us to represent your case, then we will fight zealously for your freedom. A criminal defense lawyer from our law firm will work hard to investigate your arrest, collect information and evidence, deal with the related paperwork, negotiate with the prosecution, speak to eyewitnesses and build a defense strategy to tackle your charges. If you put your trust in us, then we will find a way to reduce your charges and decrease the consequences that you are facing.
If you call our office now, then we will discuss the details of your case. A criminal defense lawyer will listen to everything that you have to say and answer all of your questions. 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.