An officer witnessed a driver traveling at a high speed who lost control of his vehicle and collided with a tree. The officer suspected alcohol impairment after noticing the defendant had slurred speech, smelled of alcohol, and wore club wristbands. The defendant submitted to blood testing and his blood-alcohol level registered as .224% and .226%, which is almost three times over the legal limit of .08%. The police charged the defendant with his fifth offense of Driving Under the Influence (DUI), Driving on a Suspended License, Reckless Driving, and No Valid Driver’s License.
DUI Fifth Offense
A fifth offense DUI can be charged as either a misdemeanor or a felony in the third degree in the state of Florida. Fifth time DUI offenders face steep consequences. They will face a fine between $2,000-$5,000, could receive up to five years in prison and/or five years of probation, they may have their vehicle impounded for 90 days, and they could have a life-time driver’s license revocation. Additionally, the offender could have an ignition interlock device placed in any vehicle that is owned or operated by the offender, they may be required to take DUI schooling and/or engage in other counseling services, and they could be required to complete up to fifty hours of community service. Sometimes the offender is given the opportunity to pay $10 per hour or more for any uncompleted community service hours, but that is at the discretion of the judge. The only mandatory penalty that a judge must impose is the monetary fine of $2,000; whereas any other penalties are given at the judge’s discretion.
Driving on a Suspended License
In Florida, driving on a suspended license has a few penalties associated with it. These include being charged with a second-degree misdemeanor, a maximum of 60 days in jail, and a maximum fine of $500. If it is a second offense for the defendant, it could be convicted as a first-degree misdemeanor with a maximum of one year in jail and a maximum fine of $1,000. A third conviction of driving on a suspended driver’s license will result in being charged as a third-degree felony with a maximum of 5 years in jail and a fine of up to $5,000.
Musca Law Firm
If you find that you have been arrested for a DUI or other similar offense, it is in your best interest to obtain legal services that you can trust. Musca Law has dealt with many DUI cases, as well as a wide range of other criminal charges. We are willing to negotiate with the prosecution to fight for your rights, and we are capable of building a strong and strategic defense on your behalf to obtain the best outcome possible for your case. For our clients’ convenience, we have offices in multiple cities throughout the state of Florida and we answer our phones 24/7 so that we can be available when you need us. Don’t hesitate to call us today at (888) 484-5057 to arrange a free consultation with one of our experienced attorneys.
RESULT: The defendant faced a 5-year prison sentence for his crimes, including his fifth offense of DUI. The Musca Law attorney worked tirelessly on the client’s behalf to avoid prison time. The attorney negotiated a generous plea deal for the client resulting in NO PRISON SENTENCE!