Driver Arrested with Blood Alcohol Content Twice the Legal Limit

NO CONVICTION!

The Charges

A Driver allegedly operated a motor vehicle while under the influence of alcohol. An Officer observed the Driver while he remained stopped at a green light. During the observation, the Officer noted that the Defendant was passed out at the wheel. A DUI investigation was conducted and the Defendant was taken into custody.

DUI Charges Versus Reckless Driving Charges

DUI charges are taken very seriously in the state of Florida. They involve many penalties, including the following: 

Jail time

  • Up to six months of jail time if the blood alcohol content was .08% or higher
  • Up to nine months of jail time if the blood alcohol content was .15% or higher
  • Up to nine months of jail time if there was a passenger under the age of 18 in the car
  • One year of jail time if there was an accident while driving under the influence
  • Five years of jail time if there was serious bodily injury from the accident

Fines

  • $500 to $1,000 for a standard DUI
  • $1,000 to $2,000 if blood alcohol content was .15% or higher or if there was a passenger under the age of 18 in the car
  • Fines of up to $5,000 if serious bodily injury occurred 

Probation

  • Up to one year

Community service

  • 50 hours mandated by the court

License Suspension

  • Six months to one-year suspension

Ignition Interlock Device

  • Can be ordered by the judge at his or her discretion, but is not mandated on the first offense

Vehicle Impoundment

  • 10 days

Reckless driving charges are a major traffic violation that is defined as any person driving who displays a wanton disregard for other’s safety. Penalties for reckless driving include the following:

Jail time

  • No more than 90 days in jail for a first-time offense

Fines

  • Starting at $25 and not exceeding $500

Besides the penalties that law enforcement and judges impose on a person for reckless driving, there could also be penalties from the insurance company. Rates could skyrocket or the company could decide they no longer want your business and drop you as a customer. Many have seen their auto insurance rates double or even triple after a reckless driving charge. 

Musca Law Firm

If you have been taken into custody for driving under the influence (DUI), you will need an attorney to represent you in court. You should look for a law firm that has successfully handled numerous DUI cases. The firm should be able to develop a strong, strategic defense for your case and also not be afraid to aggressively negotiate in court for your rights.  

Musca Law Firm can do all that and more. Our firm serves the entire state of Florida, with several offices located in multiple cities across the state for your convenience. We accept phone calls 24 hours per day and offer new clients a free initial case consultation to determine how our services could best support your legal needs.  Call us today at (888) 484-5057 to set up an appointment with one of our many skilled attorneys. 

RESULT: The Defense Attorney for Musca Law successfully negotiated a generous plea to reckless driving. The client did not receive a DUI conviction.

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