Local Realtor Arrested for 3rd Dui Offense, Involved in Serious Crash, Blood Draw Produces .193 Result.

Dismissal of the Criminal Dui Charge and Full Reinstatement of Driver’s License!

The Charges

Our client was involved in a serious head-on collision that required one passenger in the other vehicle to be airlifted to the hospital and the other passenger to be transported by ambulance. There was an estimated $15,000 in vehicle damages alone. While being treated in the ambulance, the EMT alerted an officer that our client had the odor of alcohol on her breath. After admitting to the officer that she had been drinking, he asked for a blood draw to test how much she had been drinking. Our client initially refused, but after being informed that a refusal would result in a one-year suspension of her driving privileges, she consented to the blood draw. After obtaining a legal sample, a test revealed a single result of .193%, which is over twice the legal limit.

Third DUI Charges in Florida

Florida law states that any individual that has been found to have 3 DUI charges in a period of ten years can be charged with a felony in the third degree. Even if you were not arrested in Florida for the two previous charges, you can still be charged with this.  

There are some steep penalties for a third DUI conviction. These not only include having a criminal record if you are charged with a third-degree felony, but you could be punished for up to 5 years in a Florida prison. Regardless of how many years you are fined, you will still need to spend a mandatory 30-day sentence in jail. 

Fines for a third DUI start at $2000 and work up to $5,000. At a minimum, your driver’s license will be suspended for 10 years. And the person’s vehicle will be impounded for 30 days.  

Individuals will also need to have an IID (interlock ignition device) placed in their car. This will be for a minimum of 2 years. The installation of the device will be paid for by the Defendant. 

Musca Law Firm

Here at Musca Law Firm, we are dedicated to helping our clients find a favorable outcome. We will meet with you for a free initial case consultation before devising a strong and strategic defense for your case. Our firm has over 150 years of combined legal experience, and we have handled many DUI cases. Please call us today at (888) 484-5057 to schedule a free initial case consultation with one of our skilled attorneys. 

RESULT: We filed three motions to invalidate the license suspension. We were able to convince the hearing officer to grant the second motion because of an improper probable cause affidavit. Our third motion concerning improper blood tests was also a successful challenge to invalidate the license suspension. The results were as follows: LIFTING OF THE SUSPENSION and FULL REINSTATEMENT OF DRIVER’S LICENSE! Attorney succeeded in achieving a FULL DISMISSAL OF THE CRIMINAL DUI CHARGE AS WELL!

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