If you have been charged for driving under the influence (DUI) of alcohol or drugs in Venice, then you might be feeling afraid of what comes next. It is important that you are aware of the circumstances surrounding your case so that you can understand the potential consequences that you could be facing. To do this, you will need to hire a Venice criminal defense lawyer with the necessary resources and knowledge of DUI law to assist you.
At The Law Place, we have over seventy-five years of collective experience when it comes to helping people who are facing DUI charges in Venice and across the State of Florida. Our team of criminal defense lawyers is highly trained to deal with DUI/DWI cases, and they will help you to beat the charges.
If you put your trust in us, we will work hard to diminish the severity of the consequences and lessen the charges for your DUI/DWI. It is possible that you might have been wrongfully charged, and we will fight to achieve justice for your case in Venice. Feel free to pick up your phone and call our office today, and our team of criminal defense lawyers will be at your side every step of the way.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense lawyer will fight against your DUI charges in Venice.
Florida Statutes on DUI in Venice, FL.
If a driver was arrested for allegedly drinking and driving, then they could face a number of different DUI charges in the State of Florida. Florida Statute 316.193 declares that a driver could be convicted on account of a DUI if they:
- The driver was operating a vehicle or in actual physical control of a vehicle.
- The driver was either under the influence of alcohol, a chemical substance listed in Florida Statute 877.111, or a controlled substance listed 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 they have a breath alcohol content (BAC) of 0.08 grams of alcohol per 210 liters of breath.
Can I Be Charged With DUI if I Was Not Actually Driving in Venice, FL?
It is illegal for anyone to drive under the influence of alcohol or drugs in all fifty states of America, including the State of Florida. A driver could be charged with a DUI if they were caught in “actual physical control” of a vehicle while their normal faculties were impaired by the usage of alcohol or drugs.
The term ‘actual physical control’ is anytime that a driver is not actively driving, but they are still considered to be in actual physical control of the vehicle while intoxicated. In other words, you could face a DUI conviction, even if you were not operating the vehicle at the time of your arrest. An example of being in ‘actual physical control’ includes having the keys while sitting in the vehicle.
The court will consider these main factors when they are determining whether or not you were in actual physical control of the vehicle:
- Was the vehicle turned on or off?
- Where was the vehicle parked?
- Was the engine turned on or off?
- Where were the keys located?
- Was the vehicle recently driven?
- Is the vehicle working and drivable?
- Where was the driver sitting?
If you were arrested for drunk driving even though you were not actively driving the vehicle, then you must seek legal representation from a criminal defense attorney at The Law Place today. Call our office to set up a free consultation today, and we will advise you every step of the way.
Understanding Normal Faculties for a DUI in Venice, FL.
It is illegal for a driver to consume alcohol or drugs to the extent that it affects their normal faculties while they are in control of a motor vehicle in the State of Florida. A list of normal faculties include:
- Depth perception.
- Logic and judgment.
- Speaking.
- Walking and coordination.
- Hearing.
- Sight.
What Is the Legal Alcohol Limit in Venice, FL?
The legal blood alcohol content (BAC) will ultimately depend on the age of the driver in the State of Florida. For example, if the driver is under the age of 21 and their blood alcohol content (BAC) level is over 0.02%, then they will be presumed to be under the influence. On the other hand, if the driver is over the age of 21 and their blood alcohol content (BAC) is above 0.08%, then they can be charged. Meanwhile, a commercial driver’s legal limit is 0.04%.
What Are the Penalties for Driving Under the Influence (DUI) in Venice, FL?
First DUI Offense
The penalties for a first offense will include spending up to 6 months in jail, paying a fine of up to $1,000, a license suspension for up to 6 months, a 10-day vehicle impoundment, attending DUI school, and completing 50 hours of community service.
Second DUI Offense (Five Years After the First Conviction)
The penalties for a second offense that happens five years after the first conviction will include spending up to 9 months in jail, paying a fine of up to $2,000, a license suspension for up to 12 months, a 30-day vehicle impoundment, attending DUI school, the possible installation of an ignition interlock device, and completing 50 hours of community service.
Second DUI Offense (Within Five Years of the First Conviction)
The penalties for a second offense that happens within five years of the first conviction will include spending a minimum of 10 days and a maximum of 9 months in jail, paying a fine of up to $2,000, a license suspension for up to 5 years, a 30-day vehicle impoundment, attending DUI school, the mandatory installation of an ignition interlock device, and completing 50 hours of community service.
Third DUI Offense
The penalties for a third offense include spending up to 5 years in prison, paying a fine of up to $5,000, a license suspension for up to 10 years, a 90-day vehicle impoundment, attending DUI school, the mandatory installation of an ignition interlock device, and completing 50 hours of community service.
Other Consequences for a DUI Conviction in Venice, FL.
It is essential that you hire a criminal defense attorney when you are facing a DUI conviction in the State of Florida. A DUI conviction has serious consequences, and you should always consult with a criminal defense attorney before you accept any deal. Here are some of the other possible consequences that you could face if you are convicted:
- Deportation – A DUI conviction can result in a green card holder losing their privileges and ending up being deported.
- International travel – A DUI conviction can make it difficult for you to travel internationally, and some countries might not let you in at all.
- Employment – A DUI conviction means that your boss can legally fire you, as the State of Florida is an at-will employment state.
- Finding a job – A DUI conviction can make it hard for you to obtain some professional licenses.
- Education – A DUI conviction can make it difficult for you to get an education, as most colleges have strict admission policies.
- Custody – A DUI conviction or even one drug DUI can change your parental custody situation. A family law judge has the right to assign custody of your children as they see fit.
- Loans – A DUI conviction can affect your credit score due to the high costs of a DUI. In addition, if you fail to pay a court fine, then this will also damage your credit.
Underage DUI Charges in Venice, FL.
The laws on underage drinking are very strict in the State of Florida. The zero-tolerance statute gives special authority to law enforcement to perform an alcohol breath test on minors who are suspected of underage drinking. In addition, the law enforcement does not have to be under suspicion that a minor is driving impaired to make them submit to an alcohol breath test in the State of Florida.
Law enforcement officers have full authority to order any driver under the age of 21 to submit to an alcohol breath test if the officer believes that the minor has consumed alcohol.
Penalties for Underage Drinking in Venice, FL.
The zero tolerance law enforces strict and harsh punishments for people under the age of 21 who are caught drinking and driving in the State of Florida. If a minor has a breath alcohol content (BAC) level of 0.02% or above, then they can face the following penalties:
- First DUI offense – A driver’s license suspension for up to 6 months. However, if they were to refuse to take a breath test, then the license suspension will be extended to 12 months.
- Second DUI offense – A driver’s license suspension for up to 12 months. However, if they were to refuse to take a breath test, then the license suspension will be extended to 18 months.
A license suspension is automatic, and it will immediately take effect in the State of Florida. However, if a driver has not received their license yet due to being under the age of 16, then the license suspension will take effect as soon as they have passed their driving test and obtained their license.
If their blood or breath alcohol content (BAC) result was above 0.05%, then the driver will be ordered to complete a substance abuse course before their license suspension is over. However, their driver’s license will be suspended indefinitely if they do not complete the substance abuse course.
Defense Strategies to Combat DUI Charges in Venice, FL.
If you are facing charges for driving under the influence (DUI) of alcohol or drugs, then hiring a criminal defense attorney from The Law Place will be able to develop a strong defense strategy to fight against your charges. Our team of DUI lawyers will explore every available option in order to minimize the consequences for your case, including:
- The police officer failed to read the implied consent warning.
- The field sobriety test was improperly conducted.
- The chemical test was improperly conducted.
- A driving or field sobriety test was affected by weather conditions.
- The breath test device failed to calibrate.
- The breath test result was inaccurate.
- The operator of the breath test did not possess a valid license.
Can You Help Me Get a Hardship License in Venice, FL?
If this is your first DUI/DWI offense that resulted in the loss of your driver’s license, then you might be able to apply for a hardship license and enroll in DUI school in the State of Florida. A hardship license basically allows you to drive, but with added restrictions depending on the type of hardship license that you are given.
There are two different types of hardship licenses that you might be able to apply for:
- Business purposes only – Driving to places that are necessary for your daily life, such as going to school, work, the doctor, or church.
- Work purposes only – Driving to and from your place of work only.
Our team of DUI lawyers will help you to enroll, take your paperwork to the Florida Department of Highway Safety and Motor Vehicles (FHSMV), and negotiate with them to waive your hardship hearing. In addition, our team of DUI lawyers will provide you with professional legal advice and guidance through every step of the process.
Contact The Law Place Today in Venice, FL.
If you are facing the consequences of driving under the influence (DUI) of alcohol or drugs, then you must seek legal counsel from a criminal defense attorney who has the necessary experience and knowledge of DUI law in Venice.
The Law Place has over seventy-five years of combined experience in working under criminal law and managing cases from DUI/DWI, reckless driving, car accidents, and much more in Venice and throughout the State of Florida. Our team of DUI lawyers is skilled at building strong defense strategies and winning cases for people who have been charged with drunk driving.
Our law firm will help your case by investigating the incident, gathering facts, negotiating with the prosecution, developing defense strategies, and helping you to make the right decisions in regard to your DUI/DWI case in Venice.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and a criminal defense lawyer will fight against your DUI charges in Venice. Phone lines are open 24/7.
