DUI Defense Lawyers in Escambia County, Florida

Florida Driving Under the Influence Defense Overview, Laws, Penalties, and Defenses

Driving under the influence (DUI) in Escambia County can lead to serious criminal charges, and while a first or second DUI offense may not send a person to jail, the consequences can still be severe and may last for many years. DUI charges are on a general downward trend throughout the state of Florida, and with so many ride-share vehicles available today (such as Uber and Lyft), such a downward trend in DUI charges should come as no surprise. However, even with ride-share vehicles, DUIs will still continue to be commonly charged criminal offenses, and anyone facing DUI charges in Escambia County must be prepared to fight the charges with the assistance of a qualified Escambia County DUI Defense Lawyer.

At Musca Law, our nationally recognized Escambia County DUI Defense Lawyers are superior advocates with proven results both inside and outside the courtroom. Although DUI charges are not seen as serious as they once were, they are still criminal charges that can wreak havoc on a person’s life. Having a misdemeanor on your criminal record may not be a big deal in the long run, but in the few years following conviction, a tarnished record could make life very difficult. For example, getting a job and making a meaningful living wage may prove to be challenging with a criminal record.

When facing DUI charges in Escambia County, the best approach is to assume that prosecutors will seek the maximum penalty for DUI charges allowable under Florida law. Because the early stages of a DUI case (from initially being pulled over to arrested and detained) are crucial, anyone arrested on suspicion of DUI in Escambia County should act swiftly to retain a highly skilled Escambia County DUI Defense Lawyer. To find out how Musca Law can protect your legal rights and represent you in your DUI matter, contact our office today by calling (888) 484-5057. Criminal matters can happen at any time. As such, our legal team is available 24/7 to assist you by phone or in person.

DUI Laws and Penalties in Escambia County, Florida

A straight-forward DUI case usually involves a driver who is suspected of driving under the influence for the first or second time with a blood-alcohol content (BAC) of .08 or more. However, some DUI cases involve a higher level of alcohol, the use of drugs, property damage, physical injury, and in the most severe cases, death to another person or unborn child. To convict a defendant of DUI charges in Escambia County, prosecutors must satisfy all of Florida’s legal requirements.

Per Florida Statute Section 316.193(1), prosecutors must prove the following to convict a person of driving under the influence:

  • The driver was in actual physical control of the vehicle at issue in the alleged DUI offense; AND
  • The driver’s normal faculties were impaired by alcohol or drugs; OR
  • The driver’s blood-alcohol level was .08 or more grams of alcohol per 100 milliliters of breath; OR
  • The driver’s breath-alcohol level was .08 or more grams of alcohol per 210 liters of breath.

The threshold requirement of ANY DUI case is to establish that the accused person was driving and/or in actual physical control of the vehicle at the time of the alleged offense. While such a requirement may not be contested, if evidence shows the accused person was not in physical control of the vehicle – regardless of whether he or she was under the influence of alcohol or drugs – a lawyer with the necessary experience and skills will seek dismissal of all charges.

Additionally, when an accused person’s BAC reading is less than .08 but a law enforcement officer still believes the person’s “normal faculties” were impaired by alcohol or drugs, the accused person can still face DUI charges. When an officer’s subjective interpretation of an accused person’s behavior is the only evidence of intoxication, grounds may exist to seek dismissal of DUI charges. However, to properly raise defenses to DUI charges in Escambia County, a person arrested on suspicion of DUI must move quickly to find the right Escambia County DUI Defense Lawyer.

The Various DUI Charges and Penalties in Escambia County, Florida – What You Should Know

Most people know that they may face DUI charges if their BAC is .08 or more. However, they may not know just how many different DUI charges exist under Florida law, and that there are many factors that can make a DUI charge more severe. Under Florida law, a person accused of driving under the influence of drugs or alcohol can face one or more of the following charges:

DUI OFFENSE

LEVEL OF CRIME

MAXIMUM JAIL TME

MAXIMUM FINE

First DUI with BAC of .08 or More
 

Unclassified Misdemeanor

6 Months

$1,000

First DUI with Minor Under 18 as Passenger in the Vehicle

Unclassified Misdemeanor

9 Months

$2,000

First DUI with BAC of .15 or More

Unclassified Misdemeanor

9 Months

$2,000

Second DUI with BAC of .08 or More

Unclassified Misdemeanor

9 Month

$2,000

Third DUI More Than 10 Years After Prior DUI

Unclassified Misdemeanor

1 Year

$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 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

Avoiding harsh penalties associated with a potential DUI conviction in Escambia County begins choosing an Escambia County DUI Defense Lawyer who will prepare the best possible defense for clients to fight the charges in court. Although most DUI charges will not be felonies, one aggravating factor can turn a seemingly ordinary DUI into a serious felony carrying the risk of many years in jail. As such, be prepared by teaming up with the right lawyer.

Additional Penalties Resulting from DUI Convictions in Escambia County, Florida

Most low-level DUI offenses in Escambia County do not lead to jail time but do carry penalties that are intrusive on one’s daily life. Even when a person does spend time in jail for a DUI conviction, he or she will experience additional penalties aside from jail. Examples of such penalties include, but may not be limited to, the following:

  • Probation;
  • Counseling for Drug and/or Alcohol Abuse;
  • Participation in Educational Courses;
  • Suspension or Revocation of a Florida Driver’s License;
  • Installation of an Ignition Interlock Device on All Vehicles Driven by the Defendant;
  • Impoundment of the Vehicle Involved in a DUI Case; and
  • Permanent Criminal Record Showing an Arrest and Conviction.

A probation violation can be grounds for subsequent criminal charges which may lead to jail time. As such, compliance with court-ordered requirements associated with a DUI plea agreement is crucial to overcoming a DUI matter. Also, driving with a suspended or revoked driver’s license can be catastrophic to future driving privileges. While a DUI matter can be more of a headache than anything else, the only way to successfully move on from the situation is to fulfill all court-ordered requirements.

Can DUI Charges be Dismissed in Escambia County, Florida?

Facing criminal charges in Escambia County can cause a feeling of panic. Not only is there now a public record of the criminal charge (which can raise suspicions about a person even before evidence is presented), but there is uncertainty about what will happen next. With all criminal proceedings, including DUI matters, there is an opportunity to raise defenses and seek dismissal of the charges. Of course, there must be valid grounds to seek dismissal, and not all efforts to dismiss criminal charges are successful.

However, an Escambia County DUI Defense Lawyer who has successfully defended DUI cases in the past is someone who has the ability to achieve similar results for new clients. While every DUI case is different, if any legal ground can result in dismissal, the right lawyer will make every effort to get the job done. Common reasons why DUI charges may be dismissed in Escambia County include, but are certainly not limited to, the following:

  • Wrongful Traffic Stop that Lacked Probable Cause;
  • Failure to Present Sufficient Evidence of Intoxication (i.e., BAC results do not show a driver was intoxicated);
  • Failure of the Arresting Officer to Read the Accused Person His or Her Miranda Rights/Warnings;
  • Elicitation of a Confession Through Coercion;
  • Keeping an Arrested Individual in Detention for Too Long (further explained below); and
  • Failure to Consider Key Testimony or Evidence that Refutes the Allegations Underlying DUI Charges.

If legal challenges raised by an Escambia County DUI Defense Lawyer do not result in the dismissal of charges, the next step is to reach the best outcome possible that helps to avoid jail time, expensive fines, and a long list of additional consequences that can follow an accused person for many years (such as long-term probation or suspension/revocation of a driver’s license). At Musca Law, we routinely work with Escambia County prosecutors to help accused persons reach a conclusion that is fair given the undisputed facts of a case. Also, the Escambia County DUI Defense Lawyers of Musca Law have a good working relationship with prosecutors and judges, which help them earn respect in the courtroom. Such respect is invaluable when trying to resolve DUI matters that do not result in dismissal.

Being Arrested and Detained on Suspicion of DUI in Escambia County

After a person suspected of driving under the influence of drugs or alcohol in Escambia County is arrested, law enforcement officers have the authority, per Florida Statute Section 316.193(9), to detain the arrested individual for a certain period of time. The purpose of this law is to ensure suspected individuals are no longer intoxicated by the time they leave the police station. Florida law states that law enforcement officers can detain individuals suspected of driving under the influence of alcohol or drugs until one of the following has occurred:

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

Although Florida law provides law enforcement officials with substantial discretion and power to detain arrested individuals, they must comply with the law and release arrested individuals from custody in a timely manner. A failure to do so could help a DUI case eventually be dismissed, but such a factor should never be relied upon as other aspects of a DUI case may stand up in court. Because many arrested individuals do not know Florida’s detention laws, they may be unaware if they are being detained beyond the allowable time per Florida statutes. As such, speaking with a qualified Escambia County DUI Defense Lawyer as soon as possible after arrest is critical to protecting the accused person’s legal rights.

The Importance of Choosing the Right Escambia County DUI Defense Lawyer

All DUI cases should begin with the best Escambia County DUI Defense Lawyer for the job. Many lawyers in Escambia County are highly qualified advocates and litigators with extensive experience in the courtroom. However, an Escambia County DUI Defense Lawyer with a proven track record of success in handling past DUI cases is right lawyer to handle the matter. While the cost of a lawyer is a legitimate concern for anyone facing DUI charges in Escambia County, the cost should not be the deciding factor between choosing an inexperienced and mediocre lawyer and a lawyer who can demonstrate past success.

Additionally, public defenders are available to represent individuals facing DUI charges who cannot afford a lawyer. While public defenders have substantial experience in the courtroom, they unfortunately are not given the necessary resources (such as the funds to hire a qualified and reputable expert witness, if need be) to fully represent a defendant in court. Many individuals charged with DUIs and other crimes in Escambia County end up in jail when they work either with a public defender or a lawyer who does not possesses the requisite experience to successfully defend a case.

To avoid the chances of facing jail time for even the most minor of DUI charges, anyone facing DUI charges in Escambia County must make every effort to find a lawyer who has the following qualities:

  • A team of lawyers with decades of experience handling DUIs and other criminal matters in Escambia County, Florida;
  • A good reputation with fellow criminal defense lawyers, prosecutors, judges, and courtroom staff members;
  • A proven record of success, as evidenced by examples the Escambia County DUI Defense Lawyer willingly provides;
  • The necessary resources to hire expert witnesses and other professionals to help support a defendant’s case;
  • A strong team of paralegals, legal assistants, and other legal staff members that make it possible for the lawyers to successfully do their jobs; and
  • Availability at any time, day or night, as DUI cases can arise at any hour.

Law firms that exhibit the above-listed characteristics often handle DUI matters regularly such that experience continues to be gained day after day. However, experience alone is not enough. Some Escambia County DUI Defense Lawyers may have decades of experience handling DUI cases but do not have the requisite skills to achieve positive results. As such, individuals facing DUI charges in Escambia County must practice due diligence by thoroughly vetting potential law firms and lawyers. Although time is limited to retain a lawyer in a criminal matter, spending the time to speak with a law firm about the firm’s procedures and success is well worth it. Moreover, if cost is an issue, many law firms and lawyers will work with clients to formulate payment plans that are affordable.

Musca Law – Proven Results

At Musca Law, we believe potential clients deserve to know why Musca Law is the best choice when finding an Escambia County DUI Defense Lawyer. Therefore, we provide examples of many of our case results on our website, and while desired results cannot be guaranteed in a DUI case, Musca Law has statistically been able to help a substantial number of clients facing DUI charges in Escambia County.

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

If you have been charged with driving under the influence in Escambia County, your legal rights are on the line. The sooner you act to retain a qualified Escambia County DUI Defense Lawyer, the sooner that lawyer can take steps to protect your legal rights.

At Musca Law, our legal team has more than 150 years of combined professional experience helping clients just like you. Do not settle for the cheapest lawyer when your constitutional rights are at risk. Our lawyers are available 24/7 to help clients facing harsh criminal charges. To speak with a member of our legal team about your DUI charges in Escambia County, contact the Pensacola Defense Lawyers of Musca Law today by calling (888) 484-5057.

Get your case started by calling us at (888) 484-5057 today!