Daytona Beach DUI Lawyers
At Musca Law we have experienced Daytona Beach DUI attorneys who are dedicated to educating and defending people charged with DUI. Individuals who have been charged with a drunk driving offense in the Daytona Beach or in Volusia County can learn about the law from our DUI attorneys. In order to preserve and protect the person’s legal rights after the arrest, we believe a person should consult an experienced Daytona Beach drunk driving defense lawyer to discuss the specifics of the case. Our Daytona Beach DUI defense law firm has many years of experience representing clients throughout the state of Florida and Daytona Beach for driving under the influence cases such as:
- First-Time DUI Offense
- Second DUI Offense
- Third and Subsequent DUI Offenses
- Felony DUI
- DUI Manslaughter
- Drug-Related DUI
- Underage DUI
- Commercial Driver’s License DUI
- Boating Under the Influence (BUI)
Daytona Beach DUI Defense
The advice from our Daytona Beach DUI lawyers to people who have been arrested and charged with DUI in the Daytona Beach area is backed by over 150 years of combined experience. Regardless of whether it is a first offense or a felony, it is important that you consult with a Daytona Beach DUI defense attorney as soon as possible. A DUI conviction on a person’s record can have lasting negative impacts. Learn more about your options by consulting an attorney.
Daytona Beach DUI Lawyers – Driving Under the Influence in Daytona Beach (DUI) [Florida Statute 316.193]
Daytona Beach defense lawyers at Musca Law believe that Florida Statutes Section 316.193 provides the elements of a drunk driving offense in Florida and sets forth the various factors that are considered when charging an individual with a DUI, including:
- The blood alcohol concentration or BAC of the alleged offender. In Daytona Beach Florida, the legal limit is .08 percent.
- Whether the alleged offender was impaired by drugs, alcohol, or both.
- Whether the alleged offender was driving or in physical control of a vehicle at the time of the offense.
- Whether the offense caused property damage.
- Whether another individual was seriously or fatally injured.
- Whether the alleged offender has a history of DUIs.
Dedicated DUI Defense Attorneys in Daytona Beach, Florida
In Daytona Beach Florida, upon conviction for driving under the influence, an individual can face a variety of criminal and administrative penalties that can include fines, jail time, and suspension of driving privileges. Other adverse consequences that go along with a criminal record can include an inability to obtain student financial aid, professional licensure suspension, the loss of a job, and even the inability to rent an apartment. Penalties associated with a first-time DUI offense can also include:
- A substance abuse course.
- Vehicle impoundment.
- Mandatory use of an ignition interlock device.
- Community service.
In Daytona Beach Florida, if an individual is convicted of a second DUI offense that happens within five years of the first offense, the punishment associated with that conviction is more severe than a first-time conviction, including mandatory minimum jail time of ten days. If there are certain aggravating factors present in a case, the penalties can be harsher and can include steeper fines and longer jail sentences.
Daytona Beach Felony DUI Defense Lawyers
In Daytona Beach Florida, many DUI offenses are considered misdemeanors, but there are some situations that might warrant felony DUI charges. It is possible to be charged with felony DUI if:
- The DUI is the third within five years;
- It is someone’s fourth or subsequent DUI;
- An individual is severely injured or dies as a result of the DUI.
Daytona Beach DUI lawyers at Musca Law have experience dealing with prosecutors and the law according to statute 316.193. Some of the penalties that one can receive as a result of a third-degree felony DUI conviction can include a hefty fine of $5,000 and jail time of up to five years. Having a felony DUI on a person’s record can also cause them to be labeled as a Habitual Traffic Offender which means they can lose their driver’s license for five years.
In Daytona Beach Florida, there is also another felony DUI offense known as DUI manslaughter which occurs if someone dies as a result of a DUI. While DUI manslaughter is typically considered a second-degree felony, it can be charged as a first-degree felony if the person leaves the scene of the accident. A first-degree felony DUI conviction can result in up to thirty years in prison.
Boating Under the Influence in Daytona Beach
Daytona Beach BUI Defense Lawyers
In Daytona Beach Florida, not only can someone be charged with a crime for driving a vehicle while drunk, but they can also be charged for driving a boat under the influence. Pursuant to Section 327.35 of the Florida Statutes, an individual can be convicted of Boating Under the Influence or BUI if the prosecution can establish that the person operated a vessel while impaired by or under the influence of drugs or alcohol. If the person is convicted of BUI, a first-time offense can mean up to six months in jail and depending on the circumstances of the case, or the number of prior offenses on the criminal record. The person charged can be subject to tougher penalties.
What are Some Defenses Against DUI Charges?
When our Dayton Beach criminal defense attorneys are challenging your DUI charge in court, we take a proactive approach to demanding and contesting pre-trial motions. Some of these pre-trial motions include but are not limited to:
- Motions to dismiss unsubstantiated charges due to lack of evidence
- Motions to quash evidence unlawfully seized by law enforcement
- Motions to dismiss unfair prejudicial or unnecessary evidence
These pre-trial motions ask that the judge either throw out the evidence against you or, even better, dismiss the DUI charge entirely. Pre-trial motions are important because in the event that the judge rules that a piece of the evidence against you may not be used during the trial, then the state prosecutor may choose to drop your charges or lessen the DUI charge to something less severe, such as reckless driving.
If your case does wind up going to trial, pretrial motions will be especially valuable in eliminating any irrelevant or prejudicial testimony. By excluding that evidence prior to your trial, you will presumably improve your chances of getting a verdict of not guilty. Securing your best chance at a not guilty verdict in your case often leans on the effects of these kinds of pretrial motions.
The reality of the situation is that the more active your criminal defense attorney is in fighting your DUI charges and preparing for your trial, the further urged the state prosecutor will be to resolve your case for a plea bargain before your trial date arrives. Having your criminal charge reduced down to a charge of reckless driving is only part of the battle because all of the extenuating circumstances are now capable of being negotiated.
For instance, if you are given a withhold of adjudication for a charge of reckless driving, then you could bargain to have your record sealed once you finish your probation period. Ensuring the best achievable outcome demands exceptional effort throughout every part of your case.
DUI for Marijuana
The offense of driving under the influence is most often associated with alcoholic drinks. This has led to law enforcement officers having various methods for testing the blood alcohol level of a suspected drunk driver. Drivers in Florida, however, may also run the risk of being charged with a DUI if they are suspected of operating a motor vehicle while under the influence of marijuana or other drugs.
There are a few companies throughout America that are working on creating mobile testing devices to measure the THC in a person’s breath. Florida does not yet have a “per se” version of driving under the influence of marijuana, although it has been given consideration by Florida’s lawmakers in the past. Even without a viable field test, law enforcement officers in the field are still able to claim that a driver appeared to be impaired and under the influence of marijuana.
The potential penalties for a conviction for driving under the influence as it pertains to drugs of any sort are just as serious as a DUI you would get for consuming too much alcohol, however, these cases involving supposed offenders who have been charged with driving while high are much more intricate. In some cases, drivers can be placed under arrest in spite of the fact that previous smoking from days or even weeks before they got pulled over in no way affected their capacity for driving a car.
Drug Recognition Experts
In certain jurisdictions, law enforcement officers may call for the support of a Drug Recognition Expert. A Drug Recognition Expert is a police officer who has received specialized training and been formally certified to evaluate potential suspects and decide whether or not they are physically and/or mentally impaired and what type of drug is responsible for the impairment.
A Drug Recognition Expert can give a wide number of tests to a suspected offender, including:
- Preliminary Physical Evaluation — This decides whether or not a suspect’s alleged impairment is likely the result of a medical condition, but there are also questions that are designed to extract incriminating remarks
- Field Sobriety Tests — The Drug Recognition Expert could ask the supposed offender to carry out (or possibly retake) eye tests such as the Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, or Lack of Ocular Convergence tests, as well as divided attention psychophysical tests such as the walk and turn or stand on one leg tests
- Additional Physical Examinations — The Drug Recognition Expert can also measure the pupil size of the supposed offender under various lighting conditions
- Toxicological Examination — The Drug Recognition Expert will typically need to obtain some type of bodily fluid (urine, blood, or saliva) from the supposed offender for further scientific analysis
DUI Marijuana Penalties
Anyone who has been charged with a cannabis-related DUI will find themselves dealing with some very harsh punishments if he or she ends up being convicted of the crime. The potential punishments that go along with a conviction for driving while intoxicated increase with every repeat offense, just like a traditional DUI charge. This means that any prior arrests for alcohol-related DUIs will count against you, even when your charge is a weed-related DUI. The maximum penalties include but are not limited to:
- First Conviction — As long as six months in county jail and a fine of as much as $1,000
- Second Conviction — As long as nine months in county jail and a fine of as much as $2,000
- Third Conviction (Within 10 Years of Second) — As long as five years in state prison and a fine of as much as $5,000
- Third Conviction (More Than 10 Years After Second) — As long as 12 months in county jail and a fine of as much as $2,500
- Fourth or Subsequent Conviction — As long as five years in state prison and a fine of as much as $5,000
DUI Marijuana Defenses
It is important for people to recognize that there could be one of any number of potential defenses that could end in cannabis-related DUI charges being substantially reduced or even thrown out altogether. Some instances of this include, but are not limited to:
- Chemical tests were unlawfully collected
- Unlawful search of supposed offender’s car
- Inappropriately administered field sobriety tests
- Testing positive for marijuana does not designate impairment at the time that the supposed offender was operating a motor vehicle
- Illegal stop of the vehicle in question
Defending yourself against a charge of driving under the influence in Daytona Beach demands the skill of a Florida criminal defense attorney who is familiar with your case and with all of the laws surrounding it. A thorough knowledge of all of the intricacies of Florida law is necessary to getting your charges either reduced or possibly even dismissed.
Our DUI attorneys will examine your case from every angle in order to make sure that your rights are fully defended. If you or someone you love has been arrested and charged with a DUI in Daytona Beach or the surrounding areas, our experienced Florida criminal defense lawyers are here to help.