If you were arrested for driving under the influence (DUI) and you are facing conviction, then you must understand your legal rights under Florida law. It can be frightening to think about the consequences of a DUI, and you will need a criminal defense lawyer with skill and knowledge to protect your future.
The Law Place has over seventy-five years of collective experience in defending the legal rights of drivers who are facing DUI convictions in Venice and all over the State of Florida. Our law firm has successfully managed hundreds of DUI cases like yours, and we want you to know that you are not alone. Our team of DUI lawyers has the necessary knowledge and abilities to guide you through the legal system and help you make the right decisions for your case. We will work day and night to build a strong defense strategy that will reduce the charges and minimize the consequences that you are facing.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense lawyer will be ready to fight your DUI conviction together in Venice. Phone lines are open 24/7.
What Is Driving Under the Influence (DUI) in Venice, FL?
A driver could face a DUI conviction if they were found committing acts that are written in Florida Statute 316.193:
- The driver was operating or in actual physical control of a vehicle while under the influence of alcohol, chemical substances as identified in Florida Statute 877.111, or controlled substances as identified in Chapter 893.
- The driver’s blood alcohol content (BAC) level was 0.08 or more grams of alcohol per 100 milliliters of blood, or their breath alcohol content (BAC) level was 0.08 grams of alcohol per 210 liters of breath.
Explaining Normal Faculties in Venice, FL.
It is 100 percent illegal for a driver to consume alcohol or drugs to the extent that it affects their normal judgment and faculties while being in actual physical control of a vehicle on Florida roadways. To further explain, normal faculties means:
- Sight.
- Hearing.
- Speaking.
- Judgment and logic.
- Depth perception.
A police officer can charge you with a DUI if your behavior indicates that your normal faculties are impaired as a result of alcohol or drug use, even if you have not had a BAC test. DUI is considered a serious offense, which is why you must seek legal representation from a skilled criminal defense lawyer as soon as possible. The penalties will vary depending on these key factors:
- The number of prior convictions on your criminal record.
- If there was a minor present in the vehicle at the time of the arrest.
- The level of your blood alcohol content or breath alcohol content.
- If an accident occurred.
- If you caused serious bodily injury or death to another person.
Underage Drinking and Driving in Venice, FL.
The State of Florida has a zero-tolerance law for minors that are found guilty of drinking and driving. The driver under the age of 21 will face the following penalties if their breath alcohol content (BAC) was 0.02 or more:
- Their driver’s license will be subject to an automatic suspension for up to 6 months. A second offense will result in their license being suspended for up to 12 months.
- If the driver refuses to take a breath test, then their license will be suspended for up to 12 months. A second or subsequent offense will result in their license being suspended for up to 18 months.
It is important to note that a license suspension takes effect instantly in the State of Florida. However, if the driver is under the age of 16 and they are not eligible to receive their license yet, then the suspension period will automatically take effect as soon as the driver receives their license.
If the driver’s blood or breath alcohol content (BAC) level was over 0.05, then they will have to attend a substance abuse course in order for the license suspension to be lifted. Their license will be suspended indefinitely until they complete the course in Venice.
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Types of DUI Charges in Venice, FL.
DUI charges are serious offenses at every level. A driver could be charged with a misdemeanor or felony, depending on the circumstances surrounding their individual case and the number of times that they have been convicted in the past. Here is a basic guideline of what you can expect for a DUI charge:
- A first driving under the influence (DUI) offense – Misdemeanor.
- A second driving under the influence (DUI) offense – Misdemeanor.
- A third driving under the influence (DUI) offense – Misdemeanor (if you have no prior DUI convictions within the past 10 years).
- A third or subsequent driving under the influence (DUI) offense – Felony (if you have committed a prior DUI conviction within the last 10 years).
It is worth noting that these charges are not guaranteed for your case in particular. Every DUI case is different from the next, which means that it will require an investigation to determine the extent of your damages. For example:
- Driving under the influence involving property damage – First-degree misdemeanor.
- Driving under the influence involving serious bodily injury – Third-degree felony.
- Driving under the influence involving death – Second-degree felony.
It is always best to speak to a criminal defense lawyer who will explain the potential charges that you face and will fight to get your charges dropped or reduced in Venice.
From the initial call to updates on your case status, we are here to get you answers.
DUI Penalties in Venice, FL.
A DUI conviction has the potential to result in many different penalties in Venice. A conviction will not only affect your personal and professional life, but it will also affect the lives of your family and friends as well. It is imperative that you hire a DUI lawyer to protect your future following an arrest. Here are some of the most common penalties that you could be facing:
1st DUI conviction with a blood alcohol content under .15:
- Jail – 6 months.
- Probation – 12 months.
- Fine – $500 (up to $1,000).
- Driver’s license suspension – 6 months (up to 1 year).
- Vehicle impoundment/immobilization – 10 days.
- DUI school – Complete a course at DUI school and any recommended treatment.
- Community service – 50 hours.
1st DUI conviction with a blood alcohol content at .15 or higher, or a minor in the vehicle:
- Jail – 9 months.
- Probation – 12 months.
- Fine – $1,000 (up to $2,000).
- Driver’s license suspension – 6 months (up to 1 year).
- Ignition interlock device – 6 months (up to 1 year).
- Vehicle impoundment/immobilization – 10 days.
- DUI school – Complete a course at DUI school and any recommended treatment.
- Community service – 50 hours.
2nd DUI conviction within 5 years of a previous DUI conviction with a blood alcohol content at .15 or higher, or a minor in the vehicle:
- Jail – 10 days mandatory (up to 9 months – 1 year).
- Probation – 12 months.
- Fine – $1,000 (up to $2,000 – $4,000).
- Driver’s license suspension – 5 years.
- Ignition interlock device –1 year (up to 2 years).
- Vehicle impoundment/immobilization – 30 days.
- DUI school – Complete a course at DUI school and any recommended treatment.
- Community service – 50 hours.
2nd DUI conviction more than 5 years after a previous DUI conviction with a blood alcohol content at .15 or higher, or a minor in the vehicle:
- Jail – 9 months (up to 1 year).
- Probation – 12 months.
- Fine – $1,000 (up to $2,000 – $4,000).
- Driver’s license suspension – 6 months (up to 1 year).
- Ignition interlock device – 1 year (up to 2 years).
- Vehicle impoundment/immobilization 10 days (up to 30 days).
- DUI school – Complete a course at DUI school and any recommended treatment.
- Community service – 50 hours.
Other DUI Penalties in Venice, FL.
- Car insurance rates – If you are convicted of a DUI, it will be written on your driving record in the State of Florida, which means that it will cause your insurance rates to increase or even result in your insurance company dropping you as a client.
- Keeping a job – The State of Florida works according to at-will employment. For example, a boss is legally able to fire you for getting a DUI.
- Finding a job – Most employers tend not to hire people with a criminal record. A DUI is a serious offense, and it will most likely hurt your chances of finding a job.
- Criminal record – If you plead guilty or no contest to a DUI, then the judge will adjudicate you as guilty, and you will be convicted. A criminal conviction will stop you from sealing or expunging your record.
- Deportation – If a green card holder is convicted of a DUI, they might lose their privileges to live in the State of Florida, and they may get deported.
- International travel – If you have a DUI conviction on your criminal record, some countries might not allow you into the country.
- Credit score – The financial loss of getting a DUI can result in your credit rising. Additionally, if you fail to pay a court fine, this will also damage your credit rating.
- Parenting – It is possible for multiple DUI charges, or even a single drug DUI offense, to affect your parental custody. Family law judges have the discretion to reassign custody of children if they believe it is necessary.
- Education – It might prove to be difficult for you to get an education following a DUI conviction, as some colleges have strict admission policies.
Driver’s License Suspension or Loss of Driving Privileges
- 1st DUI arrest – A driver’s license revocation for a minimum of 6 months (up to 1 year).
- 2nd DUI arrest (within 5 years of a previous DUI) – A driver’s license revocation for a minimum of 5 years. However, you might be eligible to receive a hardship license after 1 year has passed.
- 3rd DUI arrest (within 10 years of a previous DUI) – A driver’s license revocation for a minimum of 10 years. However, you might be eligible to receive a hardship license after 2 years have passed.
- A 4th DUI arrest (regardless of the time passed since the previous DUI) – A mandatory permanent driver’s license revocation. A hardship license will not be available.
- A DUI involving manslaughter – A mandatory permanent driver’s license revocation. However, if you have no prior DUI convictions, you might be eligible to receive a hardship reinstatement once 5 years have passed.
- A DUI involving manslaughter, serious bodily injury, or vehicular homicide – A driver’s license revocation for a minimum of 3 years.
Facts About Getting Charged With a DUI in Venice, FL.
The State of Florida is filled with rules and regulations that many people do not know. It is important that you make yourself aware of these laws following a Venice DUI charge. Our team of DUI lawyers will help to get your ideas straight once you have been arrested and charged on account of a DUI in the State of Florida.
Here are some of the more little known facts about a Venice DUI:
- Refusing to take a chemical test – Once you obtain a driving license in Florida, you have implicitly consented to take a chemical DUI test upon request by a police officer. A refusal to take a test is classed as a misdemeanor offense, and your license will still face suspension even if you are not guilty of driving under the influence.
- You can get charged with a DUI without actually driving – A drunk driver is forbidden from being in “actual physical control” of a vehicle, which means that if you are sitting in a parked vehicle, your keys are near you, or you are sleeping in the backseat while under the influence of alcohol or drugs, you could still be arrested for a DUI.
- Your breath alcohol content (BAC) level does not have to be .08 – A police officer might still arrest you, even if you are under the legal breath alcohol content (BAC) limit. If a police officer has a reasonable suspicion to believe that you have consumed alcohol or drugs, and you appear to have impaired faculties, then they can still hold you under arrest.
- Some people do not qualify for a public defender – You will not qualify for a public defender if your personal property is over $2,500 in value. At this point, you will have two options: hire a DUI lawyer or face the court without legal defense.
How a DUI Lawyer Will Defend Your Case in Venice, FL.
A DUI charge does not necessarily always have to result in a conviction and severe penalties. Once you hire a criminal defense lawyer, they will immediately start to explore every available option to fight against your DUI charges in an effort to get your charges reduced or dismissed completely. Here are some of the main examples of how our team of DUI lawyers can defend your legal rights:
- A DUI lawyer will challenge the nature of your traffic stop or police arrest.
- A DUI lawyer will challenge the accuracy of a chemical test.
- A DUI lawyer will identify any problems with field sobriety testing.
- A DUI Lawyer will challenge the testimony of the police officer that arrested you.
- A DUI lawyer will provide another explanation as to why you might have appeared to be impaired (such as experiencing fatigue or an illness).
Our team of DUI lawyers has the necessary experience and knowledge to negotiate with the prosecution in order to reach a plea bargain that will help your Venice DUI case. It might result in a lesser charge, also known as a “wet reckless,” or reduced penalties. Our DUI lawyers will work hard to explore all of the options that are out there, and we will fight to achieve the most favorable result for your Venice DUI case.
Contact The Law Place Today in Venice, FL.
If you have been arrested for a DUI in Venice, you might be feeling afraid of what comes next. A DUI conviction will have serious repercussions on your personal and professional life, and it is imperative that you seek legal representation as soon as possible.
The Law Place has over seventy-five years of combined experience in managing DUI cases and defending the legal rights of clients in Venice and across the State of Florida. Our team of DUI lawyers has the necessary skills and resources to guide you through the legal system. We understand what you are going through, and we want to be the ones to help you win the case.
Our team of DUI lawyers will work hard to investigate your case, gather information and documentation, negotiate with the prosecution and develop a strong defense strategy to battle your Venice DUI charges. Rest assured that we will find a way to minimize the severity of the consequences and reduce your charges no matter what.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense lawyer will be ready to fight your DUI conviction together in Venice. Phone liunes are open 24/7.