Driving under the influence (DUI) is a serious offense that can become extremely complex in the State of Florida. The level of complexity will depend on the specifics of your DUI charge and whether it is classed as a misdemeanor or a felony.
Nonetheless, you will need a criminal defense lawyer with the necessary skills and resources to defend your legal rights and make sure that you have not been wrongfully charged for your crime in Venice. The consequences of drunk driving can affect every aspect of your life in negative ways, including your family and friends. That is why you will need a criminal defense lawyer to help you avoid suffering the repercussions alone.
The Law Place has over seventy-five years of collective experience in fighting for the rights of people who have been caught drunk driving in Venice and throughout the State of Florida. Our team of criminal defense lawyers understands that sometimes good people can make mistakes, and they should not have to pay the price for the rest of their lives.
Our law firm will investigate your accident, gather facts, and negotiate with the prosecutor in order to agree on a fair outcome for your case in Venice. We will work hard to minimize the charges and decrease the severity of the consequences of your DUI charge.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and we will fight against your misdemeanor DUI charges together in Venice.
Definition of Driving Under the Influence (DUI) in Venice, FL.
When someone is caught drunk driving, the penalties will vary depending on the severity of the crime. However, Florida Statute 316.193 states that a person might face a DUI conviction if:
- The person is driving or in actual physical control of a vehicle.
- The person is under the influence of alcoholic beverages, any chemical substance in Florida Statute 877.111, or any substance controlled under Chapter 893 when affected to the extent that the person’s normal faculties are impaired.
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or the person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
It is important that you take your DUI charges very seriously, as you could be facing severe punishment for your actions in Venice. If you find yourself in this situation, then you must reach out to a criminal defense lawyer today to help you understand your legal rights under Florida law.
Differences Between Misdemeanor DUI and Felony DUI in Venice, FL.
If this is your first or second DUI offense, you will most likely be charged with a misdemeanor DUI in the State of Florida. The penalties for a misdemeanor DUI will vary depending on the result of your blood alcohol content (BAC) test. If your blood alcohol content (BAC) level was between .08 and .14, then you will have to spend up to 6 months in jail, pay up to $1,000 in fines, receive a one-year suspension of your driver’s license, probation community service, and attend a DUI school. If your blood alcohol content (BAC) level was at or above .15, then your penalties will be enhanced.
If this is your third or subsequent DUI offense within 10 years of the previous offenses, or your case involves personal injury or the death of another person, then you will be charged with a felony DUI in the State of Florida. These are considered to be the most serious types of DUI offenses, which are punishable by spending up to 15 years in prison and having to pay up to $10,000 in fines.
Types of Misdemeanor DUI Offenses in Venice, FL.
The Law Place has the necessary experience and skills to tackle any type of DUI case, even the more difficult ones. Our team of criminal defense lawyers takes pride in their abilities to manage complicated cases that most criminal defense lawyers are unable to take on.
Our law firm handles all misdemeanor DUI offenses, which includes:
- Driving under the influence with a .08 blood alcohol content level.
- Driving under the influence with a .15 blood alcohol content level.
- Driving under the influence while under the age of 21 with a .02 blood alcohol content level.
- Driving under the influence as a commercial driver with a .04 blood alcohol content level.
- Driving under the influence with a suspended driver’s license.
- Driving under the influence accident involving property damage.
- A repeat offender (a second DUI charge within 5 years).
- Boating under the influence (BUI).
If you are convicted on account of a DUI, the consequences may include large fines, jail time, a driver’s license suspension, license revocation, ignition interlock device installed in your vehicle, chemical dependency treatment, and even the possibility of losing your job.
It is a felony to receive a third or fourth DUI conviction as declared by the Florida Legislature. The penalties for a felony DUI are much more severe, as the risks are higher.
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DUI Penalties in Venice, FL.
A person is guilty of drunk driving if they are under the influence of alcohol, a chemical substance, or a controlled substance, while they are driving or in actual physical control of a vehicle with their normal faculties impaired or their blood or breath alcohol content level at 0.08 or above.
The law applies to both alcohol and drugs, which means that you can be charged with a misdemeanor DUI regardless of the substance. In simpler terms, if your normal faculties are impaired, then you can be charged with a DUI.
- First DUI offense – The penalties include having to pay a fine between $500 and $1,000, spending up to 6 months in prison, the revocation of your driver’s license between 6 months to 1 year, a 10-day vehicle impoundment or immobilization, mandatory reporting probation for up to 1 year (which includes performing up to 50 hours of community service), attending an approved alcohol safety education class, a substance abuse evaluation, and taking the recommended treatment.
- Second DUI offense (5 years after the prior conviction) – The penalties include having to pay a fine between $1,000 and $2,000, spending up to 9 months in prison, the revocation of your driver’s license between 6 months to 1 year, a 30-day vehicle impoundment or immobilization, mandatory reporting probation for up to 1 year (which includes performing up to 50 hours of community service), attending an approved alcohol safety education class, a substance abuse evaluation, and taking the recommended treatment. However, if your second offense falls within five years of the prior offense, then you will be subject to mandatory conditions such as having to spend up to 10 days in jail and the revocation of your driver’s license for up to 60 months.
- Third DUI offense (10 years after the prior conviction) – This is classed as a felony DUI. The penalties include having to pay a fine between $2,000 and $4,000, spending up to 1 year in prison, the revocation of your driver’s license between 6 months to 1 year, a 90-day vehicle impoundment or immobilization, mandatory reporting probation for up to 1 year (which includes performing up to 50 hours of community service), attending an approved alcohol safety education class, a substance abuse evaluation, and taking the recommended treatment. However, if your third offense falls within five years of the prior offense, then you will be subject to mandatory conditions such as having to spend up to 30 days in jail and the revocation of your driver’s license for up to 120 months.
- Multiple offenses – An individual offense is classed as a misdemeanor, but it could be charged as a felony if you have been convicted more than once. If your third conviction falls within 10 years of the prior conviction, then you can be charged with a felony DUI.
- High blood alcohol content (BAC) level or a minor in the vehicle – If you are convicted with a blood alcohol content (BAC) level of .20 or above, or there was a minor in the vehicle at the time of the arrest, then you will have to pay double the fines. A first offense will result in you having to spend up to 9 months in prison, and a second offense will result in you having to spend up to 12 months in prison.
- Personal injuries – A DUI that causes a non-serious injury is classed as a first-degree misdemeanor, but it is still a serious offense. However, if the person’s injury worsens over time, then you could be charged with a felony.
From the initial call to updates on your case status, we are here to get you answers.
Can I Be Charged With DUI if the Car Was Parked in Venice, FL?
It can be confusing when you hear about people who have been arrested on account of a DUI, even if they were not driving at the time. The only factor that matters is if the person was in actual control of the vehicle while they were intoxicated. The court will look into a number of factors that will determine the types of charges you could be facing for a DUI crime. Here are some factors that can affect whether you are considered as being in ‘actual control’ of the vehicle:
- Was the engine on when the police officer approached your vehicle?
- Where was the vehicle parked at the time?
- Was the hood of the vehicle hot?
- Were the keys in the ignition?
- Were the keys located in a place that was easy for you to reach?
- Were you sitting in the driver’s seat?
- Was the vehicle fully functional, or did it have an issue that stopped it from being driven?
Other Consequences of a DUI Conviction in Venice, FL.
You will end up getting convicted if you do not hire a criminal defense attorney to protect your legal rights under Florida law. If this is your first DUI offense, do not trick yourself into thinking it is not a big deal – because it is. If the prosecutor were to offer you a plea deal, then it will still result in a conviction. It is imperative that you consult with your criminal defense attorney before making any decision or accepting any deal.
Here are some of the other consequences that you might face if you are convicted for a DUI:
- Deportation – A green card holder might lose their privileges if they are convicted of a DUI. This also includes a felony DUI or a drug-related DUI.
- Travel difficulties – There are some countries that might not let you in if you have a DUI conviction on your criminal record.
- Employment – The State of Florida works according to at-will employment, which means that if your boss wants to fire you for a DUI conviction, then it is legal for them to do so.
- Finding a career – There are some professional licenses that you will not be able to acquire if you have a criminal conviction on your criminal record.
- Education – There are some colleges that make it difficult for you to get accepted if you have a DUI conviction on your criminal record.
- Children – If you are convicted of multiple DUI offenses or even a single drug-related DUI, then you could have your parental custody taken away.
- Loans – Your credit usage will rise due to the financial cost of DUI charges (such as having to pay fines, the installation of an ignition interlock device in your vehicle, and the fees to attend DUI school), which means that your credit score will be affected.
Underage Drinking and Driving Penalties in Venice, FL.
The zero tolerance law has strict and harsh punishments set in place for people under the age of 21 who have been caught drinking and driving in the State of Florida.
If a person under the age of 21 has a breath alcohol content (BAC) level of 0.02 or above, then they will face:
- The automatic suspension of their driver’s license for up to 6 months. For a second offense, the suspension period will increase to 12 months.
- If they refuse to provide a breath test, their license suspension will be extended to 12 months for a first offense. For a second or subsequent offense, their license suspension will increase to 18 months.
It is worth noting that a license suspension is automatic, and the effects will take place almost immediately. However, if the person is under the age of 16 and they are not yet eligible to receive their driver’s license, then the license suspension will take effect as soon as they receive their driver’s license in the State of Florida.
If the person has a blood or breath alcohol content (BAC) level over .0.05, then they will have to take a substance abuse course before their license suspension is over. However, if they fail to complete the substance abuse course, their license will be suspended indefinitely.
Why You Need a Criminal Defense Lawyer in Venice, FL.
The consequences of being charged with a DUI can have serious repercussions in your life. It can affect the lives of your family and friends, your ability to find work, and your insurance rates will increase. The charges of driving under the influence are severe, as a drunk driver poses a serious threat on the road in the State of Florida.
No DUI case is easy, and there are many complications that may be involved. For example, there are many police officers that do not follow proper protocol, there could be a lack of evidence, or a person’s legal rights may be violated in some way. That is why you will need the assistance of a criminal defense lawyer who can help you to build a strong defense strategy to combat your DUI charges.
A criminal defense lawyer from The Law Place will help to fight against the charges by investigating the case, gathering facts and information, speaking to eyewitnesses, dealing with paperwork, negotiating with the prosecutor, and agreeing on an outcome that is reasonable. They will also work hard to get your charges decreased or even get the case dismissed altogether.
Contact The Law Place Today in Venice, FL.
If you were arrested for driving under the influence, you must hire a criminal defense lawyer to represent you in a court of law in Venice. DUI charges carry heavy consequences, and you will need the best possible legal defense on your side to protect your rights under in Florida.
The Law Place has over seventy-five years of combined experience when it comes to working with clients who are facing misdemeanor DUI charges in Venice and across the State of Florida. Our law firm has extensive knowledge of driving under the influence of alcohol or drugs, and we want to guide you through the legal system.
If you choose to put your faith in us, a criminal defense lawyer will be at your side every step of the way to offer legal advice and help you make the right decisions for your case. In addition, we will investigate your case and make sure that you have not been unfairly charged for your offense in Venice. Rest assured that we will work day and night to decrease the severity of the consequences and minimize the charges for your case. If you have any questions about your situation, feel free to call our office today to set up a free consultation.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation, and we will fight against your misdemeanor DUI charges together in Venice. Phone lines are open 24/7.