A Day of Swimming Assisted in Defendant's DUI Arrest

Winning Legal Defense Strategy Prevails: Another Dui Dismissed!

Police accused Defendant of running a stop sign. During the traffic stop, Officers observed signs of impairment, claiming a strong odor of alcohol, bloodshot eyes and Defendant swaying while walking. Defendant failed field sobriety testing and was placed under arrest for DUI. Our Client maintained that he did not run the stop sign, but needed to pull forward at the intersection in order to see oncoming traffic. His bloodshot eyes were a result of being in a swimming pool prior to driving and his observed sway is from a permanent physical disability.

DUI Charges in Florida

A DUI (driving under the influence) charge in Florida could result in a fine up to $1,000, along with up to six months in jail, and a probation period. Jail time and probation time combined will not exceed one year. Your vehicle will also be impounded for 10 days, and your driver’s license will be revoked for six months up to one year.

Other penalties that will be enforced by the state of Florida include 50 hours of community service, a substance abuse evaluation and any recommended treatment, and completion of DUI schooling. The DUI schooling must be from a provider that is approved by the Florida Department of Highway Safety and Motor Vehicles. Level 1 will need to be completed for first-time offenders. These programs will be taught by Florida certified instructors.

A level one course will include at least 12 hours of classroom time. Activities and discussions will be centered around the use of alcohol/drugs. The fees will be paid for by the offender, which typically costs between $260-290. Virtual classes are not offered. If there are virtual classes one has found online, they will not be accepted by the Florida Department of Highway Safety and Motor Vehicles.

Items that will be needed to enroll in DUI schooling include:

  • Proof of identification
  • Your traffic citation
  • A copy of your arrest affidavit
  • Your full driving history
  • The court order with your judgment
  • The results of your breathalyzer test, blood or urine test, or your refusal to test

Musca Law Firm Services

If you have been charged with DUI, you will need expert advice. Our attorneys at Musca Law Firm have a combined experience of over 150 years. We will take the time to develop a strong defense with the hopes of lowering or dismissing the charges completely. We even offer a free consultation. Let us be the attorney that fights in your corner, standing up for your rights. We can also help you in applying for a hardship license if necessary before the allowed time runs out.


RESULT: Our experienced DUI attorneys successfully convinced the State Attorney they would be unable to secure a conviction. The State DISMISSED the DUI charge and our Client plead to a lesser charge. The Attorney’s actions also resulted in a DISMISSAL of the violation for running a stop sign.