Driver Passed Out Asleep at Wheel in the Middle of the Roadway, Admits to Having “A lot” of Alcohol, and Curses at Cops

No DUI Conviction!

The Charges

Our Client was at a surprise party and drank too much vodka. He was getting ready to leave and go home, when he passed out in his car behind the steering wheel. The police came up to the suspicious vehicle that had its headlights on, and saw our client sleeping in the front seat. The keys to the vehicle were not in the ignition, but they were lying on the passenger seat within the driver’s immediate reach. After making contact, the officer noticed a strong odor of an alcoholic beverage and bloodshot eyes on the driver. The officer asked if our client had been drinking, and he responded affirmatively that he had been drinking “a lot.” The officer asked the driver if he would perform Standardized Field Sobriety Exercises, and the driver refused. Based on observation, training, and experience, the officer believed that the driver’s normal faculties were impaired by alcohol. The officer placed the driver under arrest. While being escorted to jail, our client became extremely belligerent and uttered curse words at the arresting officer.

Driving Under the Influence

Under Florida Statute 316.193, it is illegal for any driver to drive under the influence of drugs or alcohol. If you are pulled over for any reason, such as a burned-out headlight, and the police officer believes you were drinking, they have the authority to ask you to perform a field sobriety test. You perform poorly on such a test, a blood alcohol content (BAC) will be needed. In the state of Florida, if you have a BAC of .08% or higher, you are considered impaired. 

Penalties for a first DUI conviction will include jail time or probation, and a fine up to $1,000. It will be considered a second-degree misdemeanor. However, if the driver has a BAC of .15% or higher, their fines and jail time will be doubled. If the person has a minor passenger with them at the time of the incident, their penalties will also be doubled. 

If there was property damage, the charge will be upgraded to a first-degree misdemeanor. And if any bodily injury was done, the charge will be a third-degree misdemeanor with penalties of up to five years in prison and a $5,000 fine. 

Fifty hours of community service is also a mandatory requirement of a first-time DUI charge. There will also be an impoundment of your car for ten days. 

Musca Law Firm

If you or a loved one have been arrested for DUI, you need a skilled lawyer that can fight for you. They should be local to your case and have an excellent track record of winning previous cases. The attorney should have extensive DUI training, experience, and have wonderful and consistent communication skills.

We at Musca Law Firm pride ourselves for meeting all of those criteria. We can assist you in winning your case or having your charges lowered. We serve all of Florida with offices located in multiple cities throughout the state. We are willing to put ourselves in tough negotiations with the prosecution for you. Call us today at (888) 484-5057 for a free initial case consultation with one of our experienced attorneys. 

RESULT: The Musca Law Defense Attorney convinced the prosecutor to drop the DUI charge. No DUI Conviction!