More Than 150 Years of Combined DUI Defense Practice
Gainesville DUI lawyers at Musca Law are here to help with real information about drunk driving laws. People facing Driving Under the Influence charges in Alachua County or the Gainesville, Florida area can learn more about Statute 316.193 here. This information can help people charged to figure out how to proceed with their case.
DUI Defense Lawyers in Gainesville, FL
When someone has been arrested and charged with DUI, it is a good idea to discuss your criminal case with an experienced Gainesville DUI Defense Lawyer as quickly as it is possible. There are certain time limits to protect a person’s driving privileges. Our DUI defense firm in Gainesville, Florida offers a no cost initial case review to discuss the case and the defense options available. Our legal professionals have extensive experience dealing with clients who have been charged with DUI offenses that include:
Musca Law criminal defense attorneys have determined that Florida Statutes Section 316.193 governs the offense of driving under the influence in Gainesville. What constitutes a DUI offense will depend on the facts and circumstances of a case, but some of the factors that are taken into consideration when charging someone with DUI include:
Whether the person had a blood alcohol concentration (BAC) of .08 percent or higher.
Whether they are impaired to a degree by alcohol and/or drugs.
Whether they were driving a vehicle or in physical control of it.
Whether property damage was caused as a result of the DUI.
Whether another individual sustained serious or fatal injuries as a result of the DUI.
Whether the individual has been convicted of DUI previously.
Driving Under the Influence Defense Attorneys in Gainesville, Florida
DUI Penalties, Fines and Jail Time
People convicted of DUI in Gainesville can be penalized in a variety of ways that include criminal penalties such as fines and jail time and administrative penalties like the DMV’s suspension of a driver’s license. A DUI conviction can also adversely affect someone’s ability to do certain things that many individuals take for granted such as the ability to rent housing or obtain a student loan or obtaining or keeping employment. Other consequences of a first-time DUI conviction can include:
A substance abuse course.
Mandatory use of an ignition interlock device.
Impoundment of your vehicle for ten days.
Convicted of 2nd DUI in Gainesville, What Happens?
If a person is convicted of a second DUI within five years of the first one, they can expect a minimum jail sentence of ten days and can be subject to more severe penalties than they received for the first offense. If certain facts and circumstances existed at the time of the offense, the individual can face even harsher penalties. For example, if they had a minor in the vehicle at the time of the DUI, the BAC was higher than .15 percent, or they caused property damage, they might be subject to longer jail sentences and bigger fines.
Gainesville Felony DUI Lawyers
Our criminal and DUI defense attorneys advise that driving under the influence offenses are usually viewed as misdemeanor offenses in Gainesville. However, there are some instances where an individual might be charged with felony DUI. Under Florida law, a person can be charged with a felony DUI if:
There have been two other DUIs within the last five years;
The offense is the fourth or subsequent DUI;
Another individual is severely or fatally injured by the DUI.
Based on our experience felony DUIs are typically charged as third-degree felonies where the penalties can include up to five years in jail and a fine of up to $5,000. A felony DUI conviction can also result in being labeled as a Habitual Traffic Offender which can mean the loss of an individual’s driving privileges for five years.
Gainesville Defense Lawyers – DUI Manslaughter
Another felony DUI offense in Gainesville is DUI manslaughter. This occurs when another individual is killed as a result of the DUI. DUI manslaughter is considered a second-degree felony, where penalties can include up to fifteen years in jail. If the accused left the scene of a DUI manslaughter they can face first-degree felony charges where a conviction can result in up to thirty years in jail.
(BUI) Boating Under the Influence Lawyers in Gainesville, Florida
Boating Under the Influence in Gainesville, Florida
Under Gainesville Florida law, it is also possible to be charged with boating under the influence of alcohol and/or drugs. Section 327.35 of the Florida Statutes governs the elements of and penalties associated with BUI offenses in Florida. According to the law, if it can be established that a person operated a vessel while impaired by or under the influence of alcohol or drugs, they can be convicted of BUI. A first-time BUI offense can result in up to six months in jail, and if the particular circumstances of the case warrant it, or if there is a criminal history, the person can be subject to tougher penalties.
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