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Clearwater DUI Lawyers

Clearwater DUI lawyers at Musca Law have handled thousands of driving under the influence cases. People charged with DUI in the Clearwater, Florida should take these charges seriously because a conviction can have lasting negative consequences on their life. This could affect a person’s ability to obtain a job, student loan, or housing. The best advice according to our attorneys is to contact a dedicated Clearwater DUI defense attorney as soon as possible. Contact our DUI defense attorneys in Clearwater, Florida today by calling 800.687.2252 and schedule a confidential, no cost case review.

Driving Under the Influence in Clearwater (DUI) [Florida Statute 316.193]

According to Florida Statutes Section 316.193, driving under the influence charges depend on several different factors including:
  • Blood alcohol concentration. For a DUI in Clearwater, this typically is a BAC of .08 percent or more.
  • A person was impaired to some degree as a result of alcohol and/or drugs.
  • Whether the person was operating or in physical control of a vehicle. What this means is the person does not necessarily need to be driving a vehicle to be charged with DUI, just be in physical control, or have the ability to drive the vehicle.
  • Whether anyone was seriously injured or killed.
  • Whether any property damage resulted from the DUI.
  • Whether there have any prior DUI convictions.

DUI Penalties in Clearwater, FL

Clearwater DUI defense attorneys at Musca Law have determined that under Florida law, an individual can face severe penalties even for a first-time DUI offense. In addition to criminal penalties such as jail time and hefty fines, people are also subject to DMV administrative penalties and other personal and financial collateral consequences including professional licensure discipline, loss of a job, and immigration issues. Some other consequences of a DUI conviction might include:
  • Impoundment of the vehicle.
  • Suspension of driving privileges.
  • Probation.
  • Installation of an ignition interlock device.
  • Community service.
  • Completion of a substance abuse class.
If there is a previous DUI conviction and the person receives another within five years of the first offense, they can be subject to harsher penalties. With a second DUI offense in five years, there is a mandatory minimum of ten days of jail time. Depending on whether the case has any aggravating factors such as a high BAC or there was a child in the vehicle at the time of the offense, a second DUI conviction can mean jail time for up to a year and fines of up to $2,000. Penalties for a second DUI offense can also include the suspension of driving privileges, installation of an ignition interlock device, completion of a substance abuse class, and probation.

Felony DUI Defense Lawyers in Clearwater, Florida

DUI defense attorneys at Musca Law have extensive experience handling felony DUI cases. Typically, DUI offenses in Clearwater are considered misdemeanors but a person can face felony charges even if it is their first DUI offense. In Clearwater Florida a person can be charged with felony DUI if:
  • It is the third DUI in a five-year period
  • It is the fourth or subsequent DUI offense
  • Someone is seriously injured as a result of the DUI
  • Someone is fatally injured as a result of the DUI
A third-degree felony DUI conviction can result in a jail sentence of up to five years and a $5,000 fine. A person can also be labeled a Habitual Traffic Offender meaning the driver’s license can be suspended for five years.

DUI Defense Attorneys for Manslaughter in Clearwater

In Clearwater Florida, a person can also be charged with DUI manslaughter if they were driving under the influence and someone else dies as a result. DUI manslaughter is a second-degree felony, where penalties include up to fifteen years in prison and a $10,000 fine. If the person leaves the scene of a DUI manslaughter they can be charged with a first-degree felony. If they are convicted of first-degree felony DUI manslaughter they can face jail time of up to thirty years and a fine of up to $10,000.

BUI Defense Lawyers in Clearwater, Florida

In Clearwater Florida, not only can a person be charged with driving under the influence, but they can face criminal charges if they are found to be operating a boat while under the influence of alcohol or drugs. Experienced BUI defense attorneys in Clearwater at Musca Law have determined that according to Section 327.35 of the Florida Statutes, a person can be convicted of boating under the influence if it can be proven beyond a reasonable doubt that they were operating a vessel while impaired by or under the influence of alcohol, drugs, or a combination of the two. The penalties for even a first-time BUI conviction can include up to six months in jail and significant fines, and the punishment can be harsher depending on the facts and circumstances of the case and the person’s criminal record.

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