Misdemeanor DUI
Driving under the influence (DUI) is a criminal offense that occurs when someone operates a vehicle while impaired by alcohol or drugs to the point that they are unable to drive safely. Impairment can be caused by alcohol, legal or illegal drugs, or other controlled substances. In the United States, a DUI is defined as having a blood alcohol content (BAC) of 0.08% or higher.
A first or second DUI charge with a BAC under 0.15 is usually considered a misdemeanor.
Impairment is usually determined by failing a field sobriety test.
Criminal Law
DUI
For Criminal Law Matters:
Fabiola Moyeda
McMann, P.A.
Tel: 863-393-9010 Extension 1
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If you find yourself in need of legal assistance or advice about criminal matters, contact the law office of Mark McMann, P.A. in Lakeland Florida.
Read Our Blog Posts on DUI:
Understanding DUI Charges in Florida
Do I need a Lawyer for a first offense DUI in Florida?
DUI Sobriety Testing in Florida
Aggravated & Felony DUI
A DUI charge is a grave issue, and if convicted, it can lead to a $500 fine, six months of imprisonment, and a-year license suspension. Although most DUI convictions are classified as misdemeanors, some aggravating factors can escalate the penalties to the extent of felony charges.
Aggravated DUI generally includes driving with a suspended or revoked license while intoxicated, having multiple DUI convictions, or causing property damage or injury. A DUI charge can be a felony if it's a third DUI within 10 years of a previous DUI, or if it causes serious bodily injury or death.
If you have been charged with aggravated or felony DUI you will find yourself in immediate need of legal assistance about criminal matters.
Contact the law office of Mark McMann, P.A. in Lakeland Florida.
Causing serious bodily injury while driving under the influence of alcohol drugs is a third degree felony in Florida, punishable by maximum fine of $5,000 and up to five in jail. If individual flees the scene of a DUI accident involving serious bodily injury or death, they may be charged with a first-degree felony, which may warrant a maximum fine of $10,000 and up 15 years in jail.
No matter how troubling your situation may seem, McMann, PA may be able to help. We have decades of experience in the courtroom, and we use this valuable experience to prepare a strong defense for our clients. When it comes to protecting your rights and securing your freedom, trust a firm with a record of success in handling DUI cases.
Our continued dedication to excellence in DUI defense and criminal defense may play a vital role in the outcome of your case.
Do not hesitate to contact our firm and secure effective legal representation.
Contact McMann, P.A. for effective legal representation in DUI cases.
Call 863-393-9010 Extension 1 for appointments after-hours and on weekends.
Breathalyzer Testing
In Florida, if you decline a breath test, your driver's license can be automatically suspended by the Florida Department of Motor Vehicles once the police officer notes in arrest or citation that a chemical test/breathalyzer was refused. This is known as the law of implied consent, which is covered in Florida Statutes § 316.1932. Implied consent means that anyone who drives in Florida gives their consent to a chemical test.
The first offense for refusing a breath test can lead to a one-year license suspension, while two or more refusals result in an 18-month suspension, fines, and even jail time. Therefore, it may not always be the best decision to refuse a breathalyzer or other chemical test.
Refusal
It is crucial to get in touch with a DUI attorney if you declined a chemical test. Was the DUI arrest conducted following the correct police protocol? A knowledgeable legal expert who is familiar with law enforcement procedures can assist you in determining if police misconduct played a role in your DUI arrest. This is particularly significant when getting ready to defend yourself against a DUI charge in court. If the charge against you was improperly gathered or misinterpreted, you should not face the consequences of a conviction.
Suspension
Automatic Driver's License Suspension
When a person refuses to take a chemical test during a DUI arrest, their driver's license is suspended automatically. They can appeal the full suspension by requesting a hearing with the Florida Department of Motor Vehicles (DM) within 10 days. It's important note that this hearing is separate from the criminal trial, which means that individuals may have to defend their driving privileges in two separate procedures.