DUI Defense Lawyers in Clay County, Florida

Driving under the influence (DUI) under Florida law can lead to harsh consequences, such as jail time, fines, the loss of a driver’s license, probation, among many others. In Clay County, facing a DUI charge is certainly not the worst crime to be charged with, but DUI charges are still very serious. Even a misdemeanor can have long-lasting consequences for a convicted individual. If you have been charged with driving under the influence in Clay County, your legal rights are at risk without the guidance of an experienced Clay County DUI Defense Lawyer. You need to find the best lawyer you can to protect your legal rights against aggressive prosecutors.

At Musca Law, our Clay County DUI Defense Lawyers are known for providing superior legal representation to clients facing DUIs and other crimes. The Clay County DUI Defense Lawyers at Musca Law devote their entire practice to the area of criminal law, which is important when choosing a law firm. Musca Law has offices throughout the state of Florida, allowing our legal team to reach clients from any part of the state. To find out how the Clay County DUI Defense Lawyers can help you or a loved one facing DUI charges, do not hesitate to contact Musca Law today by calling (888) 484-5057. Because crimes can be charged at any time, day or night, Musca Law is ready to protect your rights 24/7.

DUI Laws in Florida – Understanding the Consequences

DUI charges are fairly uniform across the United States, but the penalties associated with DUIs may vary, with some states having stricter penalties than others. In Florida, some DUI matters can be very serious, but many individuals charged with DUIs can avoid jail time with the help of a skilled lawyer. Given that Clay County does not have nearly the level of criminal activity as larger counties in Florida, prosecutors are not as busy and tend to be extra tough on some individuals facing DUI charges.

In Clay County, a driver could face DUI charges under Florida Statute Section 316.193(1), if the driver was found to be in actual physical control of a vehicle at the time of being stopped, and:

• (1) The driver’s “normal faculties” were impaired by the use of alcohol or drugs; or
• (2) The driver’s blood-alcohol level was .08 or more grams of alcohol per 100 milliliters of breath; or
• (3) driver’s breath-alcohol level was .08 or more grams of alcohol per 210 liters of breath.

Most DUI cases are straightforward, but some require extra attention when the evidence of intoxication is not clear. Moreover, many DUIs are first or second offenses that do not involve aggravating factors that make the DUI charges more serious. If aggravating factors are alleged to be involved in a DUI case, a driver may face a felony. Examples of aggravating factors that can strengthen the penalties for convicted under Florida law include DUIs involving a BAC of .15 or more, DUIs involving property damage or bodily injuries, and DUIs involving the death of another person, as further explained below. Because an accused person’s legal rights are at risk, and substantial jail time may be a possibility for convicted, anyone facing DUI charges must retain a skilled Clay County DUI Defense Lawyer.

Penalties Associated with DUI Convictions in Clay County, Florida

Florida’s DUI laws are very specific to the type of conduct at issue, and such DUI charges steadily become more serious as the conduct becomes more severe. Per Florida law, DUI charges are classified as follows in the table below:

DUI CHARGE	CLASSIFICATION	MAXIMUM JAIL TIME	MAXIMUM MONETARY FINES
First DUI with BAC of .08 or Greater	Unclassified Misdemeanor	6 Months	$1,000
First DUI with Minor Under 18 as Passenger	Unclassified Misdemeanor	9 Months	$2,000
First DUI with BAC of .15 or Greater	Unclassified Misdemeanor	9 Months	$2,000
Second DUI with BAC of .08 or Greater	Unclassified Misdemeanor	9 Months	$2,000
DUI Involving Property Damage	First-Degree Misdemeanor	1 Year	$1,000
Second DUI with BAC of .15 or More	Unclassified Misdemeanor	1 Year	$4,000
Third DUI More Than 10 Years After Prior DUI	Unclassified Misdemeanor	1 Year	$4,000
Third DUI Within 10 Years of Prior DUI	Third-Degree Felony	5 Years	$5,000
Fourth DUI	Third-Degree Felony	5 Years	$5,000
DUI Involving Bodily Injury	Third-Degree Felony	5 Years	$5,000
DUI Manslaughter (death of another person or unborn child)	Second-Degree Felony	15 Years	$10,000
DUI Manslaughter with Failure to Render Aid	First-Degree Felony	30 Years	$10,000

To be in the best position to fight DUI charges in Leon County and avoid significant jail time, anyone facing DUI charges should retain a high-quality Leon County DUI Defense Lawyer.

What to Expect from Any DUI Case in Clay County, Florida

In DUI cases in Clay County, Florida that cannot be dismissed on legal grounds, anyone who pleads guilty to a less serious offense or who is found guilty at trial should expect to face on or more of the following consequences, even in cases where jail time and thousands of dollars in fines are avoided:

• Probation;
• The requirement to undergo a mental health evaluation;
• The requirement to undergo drug and alcohol counseling;
• The requirement to submit to drug and alcohol testing (which may be random);
• The requirement to install an ignition interlock device on all vehicles driven by the convicted person;
• The suspension or revocation of the convicted person’s driver’s license, which can be difficult to reinstate; and
• The knowledge of having a criminal conviction on one’s record, which can make it difficult to achieve life’s basic needs, which is anything important that involves a background check (employment, housing, obtaining credit, and attending school, etc.).

For the most part, individuals who are convicted of driving under the influence (or who plead guilty to a less serious offense), are able to avoid jail time and successfully complete all probation and other requirements associated with a DUI case. However, many of these individuals have achieved more favorable results with the help of Clay County DUI Defense Lawyers who routinely work with the same prosecutors and have a good relationship with these prosecutors as well as judges. While all defendants deserve strong legal representation, many do not thoroughly vet their lawyers and settle for someone who may not be qualified.

DUIs, although not the most serious crimes under Florida law, can limit one’s ability to get from point A to point B each day. Without the ability to drive a car, many people facing DUI charges cannot get to work or school and must make other arrangements, which can be difficult and costly. As such, the consequences of DUIs in Clay County are far-reaching and no matter how minor a DUI offense is, the matter should be handled with extreme caution by only a seasoned Clay County DUI Defense Lawyer.

Steps to Dismissing a DUI Case in Clay County, Florida

The ability to dismiss a DUI case in Clay County is an achievement that is often difficult to reach. However, many DUI cases that could have been dismissed on legal grounds ultimately move forward with conviction. This often happens when a defendant has not retained an experienced and proven Clay County DUI Defense Lawyer. A qualified Clay County DUI Defense Lawyer will evaluate all aspects of a client’s case to determine (1) whether the prosecution has sufficient evidence to move forward with the case (such as BAC results above the legal limit), and (2) whether any police officer made mistakes during the arrest and detention process that violated a client’s constitutional rights. In either scenario, grounds may exist to dismiss DUI charges.

A Clay County DUI Defense Lawyer with the requisite skill and experience will identify all grounds that may lead to dismissal. Examples of reasons why a DUI case may be dismissed include, but are not limited to, the following:

• The arresting officer’s failure to read a defendant his/her Miranda right;
• Eliciting a confession from a suspect by coercion or manipulation;
• Conducting an unlawful traffic stop;
• Failure to consider exculpatory evidence;
• Failure to prove a suspect was in actual physical control of the vehicle at issue; and
• Failure to prove a suspect was intoxicated.

The last reason listed above – failure to prove a suspect was intoxicated – is a defense that can be raised when a suspect passes a field sobriety test and whose BAC results are below the legal limit. If the only evidence of intoxication is the arresting officer’s impressions, a DUI charge may be successfully defended and dismissed, especially if there is no video footage of the incident. A thorough and calculated Clay County DUI Defense Lawyer will demonstrate how a case presents too much doubt to convict a defendant. In the event a lawyer is not successful in dismissing a case, he or she can negotiate with prosecutors to reach a result that fits the crime. All too often, individuals facing minor DUI charges end up in jail. Had these individuals worked alongside an experienced Clay County DUI Defense Lawyer, they may have avoided jail time and blemished criminal record.

The Arrest and Detention Process for DUI Offenses in Clay County, Florida

Florida law provides law enforcement officers with the discretion to detain a person suspected of driving under the influence of alcohol or drugs for a certain amount of time. Being arrested on suspicion of driving while intoxicated is a stressful and frightening experience that causes feelings of uncertainty. Being brought to jail to sit in a cell, especially for the first time, can be traumatic. Pursuant to Florida Statute Section 316.193(9), law enforcement officers have the discretion to detain a person suspected of driving under the influence of alcohol or drugs until one of the following scenarios has happened:

• The accused person’s BAC reading is less than .05;
• The accused person’s faculties are no longer impaired by alcohol or drugs; or
• The accused person has been in detention/jail for at least 8 hours.

Many individuals arrested on suspicion of driving under the influence of alcohol or drugs in Clay County may not know that there is a law that defines how long a suspect can be kept in detention. Finding a Clay County DUI Defense Lawyer right away after being arrested is critical to the protection of a person’s legal rights. If any law enforcement officer violated the law by keeping a person in detention for longer than allowed under Florida law, such a fact may be used to help dismiss a DUI case, especially if a confession was elicited during detention.

Why Your Choice of a Clay County DUI Defense Lawyer is So Important

When a person has been arrested on suspicion of driving under the influence of drugs or alcohol in Clay County, you may not have a lot of time to collect your thoughts and locate a strong Clay County DUI Defense Lawyer. However, choosing the best lawyer for a person’s case is the most important decision the client will make. Choosing the wrong lawyer can significantly limit a person’s legal rights, as the lawyer may not raise obvious defenses that can get a case dismissed. While a person must act quickly when finding a lawyer after being arrested, spending time to evaluate a law firm’s reputation and record of success is imperative to ensuring the person is protecting his or her rights.

Proven Results at Musca Law

Musca Law believes all potential clients should read about Musca Law’s past success in helping clients facing DUIs and other criminal charges. On our firm’s website, we provide examples of case results that demonstrate or legal team’s ability to achieve positive results for clients. Because criminal matters are unpredictable, no lawyer, no matter how exceptional, can guarantee a client will achieve certain results. A qualified Clay County DUI Defense Lawyer can predict an outcome based on past experience, but results will always be dependent on the unique facts of the case, the available evidence or lack thereof, and the severity of the alleged conduct. At Musca Law, our Clay County DUI Defense Lawyers possess the necessary experience, dedication, and track record of success to help many new clients achieve similar results.

Reputation in the Legal Community is a Key Factor in the Right Clay County DUI Defense Lawyer

Clay County DUI Defense Lawyers who are routinely in the courtroom, will face the same prosecutors and judges year after year. Clay County DUI Defense Lawyers who have a good reputation in the legal community are well-suited to provide legal representation to those accused of driving while under the influence of alcohol or drugs. While reputation is certainly not the only factor to consider, a Clay County DUI Defense Lawyer who has a good reputation is in the best position to provide the best possible legal representation to clients.

The Cost of a Qualified Clay County DUI Defense Lawyer is Worth It

Hiring the best Clay County DUI Defense Lawyer does cost money but doing so is possible regardless of one’s financial situation. Many lawyers offer payment arrangements that make it affordable to hire a qualified lawyer who will get the job done. The fear of having to pay legal fees often prevents many people from reaching out to the best Clay County DUI Defense Lawyer. Rather, a person may settle for the cheapest lawyer or an inexperienced lawyer willing to handle the matter for free. In other cases, a person may choose to represent him or herself in court, which is known as “pro se” representation. Any option that does not involve a Clay County DUI Defense Lawyer with proven results and a good reputation is the wrong choice to make.

A defendant always has the option of choosing a public defender in Clay County to face DUI charges. Public defenders are, without question, superior lawyers who provide a wonderful service to the community. Through no fault of their own, public defenders do not possess sufficient resources that private law firms have (such as access to multiple staff members). With limited funding, public defenders are overworked, underpaid, and unfortunately are not always able to achieve the best results for their clients. Choosing a public defender is a much better option than choosing the cheapest or least experienced Clay County DUI Defense Lawyer. However, it is well worth a person’s time to investigate what a superior Clay County DUI Defense Lawyer would cost to represent a client in a DUI case. The cost of a lawyer is well spent when the alternative is significant jail time, a permanent criminal record, and thousands of dollars in fines.

Contact the Clay County DUI Defense Lawyers of Musca Law Today!

If you have been charged with driving under the influence of alcohol or drugs in Clay County, Florida, you need to act quickly to retain a highly qualified Clay County DUI Defense Lawyer. At Musca Law, our Clay County DUI Defense Lawyers have more than 150 years of combined professional experience representing the legal rights of individuals charged with DUIs in Clay County. If you would like information on how Musca Law can help you, contact our office today by calling (888) 484-5057. Our dedicated Clay County DUI Defense Lawyers are standing by 24/7 to provide you with the advice and guidance you need to move forward.