DUI Defense Lawyers in Hernando County, Florida

How to Beat a Driving Under the Influence Charge in Florida

Just north of Tampa, Florida, Hernando County is home to approximately 190,000 residents and the number continues to rise each year. Hernando County has an average crime rate that is comparable to most cities and counties across the country. According to the Florida Department of Law Enforcement, there was a total of 7,510 arrests in 2019, which averages approximately 20 arrests per day. Per data provided by the Florida Department of Highway Safety and Motor Vehicles, there was a total of 335 driving under the influence (DUI) charges in 2019 in Hernando County.

While some DUI charges were dismissed, many resulted in a conviction. Although DUIs do not encompass the vast majority of arrests and criminal charges in Hernando County each year, prosecutors still seek to invoke harsh penalties in DUI cases. As such, if you are facing DUI charges in Hernando County, you need a strong Hernando County DUI Defense Lawyer to represent your rights. Failure to retain a qualified lawyer can significantly harm your legal rights and your ability to fight the DUI charges against you. Contact Musca Law today at (888) 484-5057.

Driving Under the Influence (DUI) Laws and Penalties in Hernando County, Florida

Driving under the influence (DUI) charges in Hernando County have declined in recent years, which is certainly a good thing for drivers and residents. However, prosecutors are still aggressive in charging and seeking to convict individuals in DUI cases. DUI laws are rather uniform across the country, but the state of Florida does have some differences and variations. As is common in most states, the legal limit for a driver twenty-one years of age or older is a blood-alcohol content (BAC) of .08. The law for drivers under the age of twenty-one, per Florida Statute § 322.2616, is a BAC of .02, which is stricter than many other states.

Regardless of a driver’s age, Florida law provides a series of elements that must be established for a driver to face DUI charges in the state. Under Florida Statute § 316.193(1), such elements include the following:

  • The accused driver was driving and/or had actual physical control of the vehicle at issue in the alleged DUI offense; AND
    • The accused driver’s normal faculties were impaired by the intoxication of alcohol or drugs; OR
    • The accused driver’s blood-alcohol level was .08 or more grams of alcohol per 100 milliliters of breath (or .02 in the case of drivers under the age of twenty-one); OR
    • The accused driver’s breath-alcohol level was .08 or more grams of alcohol per 210 liters of breath (or .02 in the case of drivers under the age of twenty-one).

Many DUI cases in Hernando County involve the alleged consumption of alcohol but some DUIs are based solely on drug use. In such cases, BAC results may not yield a reading to suggest a driver is under the influence. However, law enforcement officers have the discretion to stop a driver and arrest that driver on suspicion of driving under the influence if subjective evidence shows the driver’s “normal faculties” are impaired. A subjective evaluation may rest only upon an arresting officer’s interpretation of a driver’s behavior. As such, not every DUI case is clear cut, and many are defensible.

Florida law identifies numerous types o DUI offenses that all carry unique penalties in the form of jail time and monetary fines. DUIs are classified as either misdemeanors or felonies per Florida law. The various DUI charges a driver may face if arrested on suspicion of driving under the influence in Hernando County include the following:

  • First DUI with BAC of .08 or More – This DUI charge is considered an unclassified misdemeanor, and conviction carries a maximum jail sentence of one year and a maximum fine of $1,000.
  • First DUI with Minor Under 18 in the Vehicle – This DUI charge is considered an unclassified misdemeanor, and conviction carries a maximum jail sentence of nine months and a maximum fine of $2,000.
  • First DUI with BAC of .15 or More – This DUI charge is considered an unclassified misdemeanor, and conviction results carries a maximum jail sentence of nine months and a maximum fine of $2,000.
  • Second DUI with BAC of .08 or More – This DUI charge is considered an unclassified misdemeanor, and conviction carries a maximum jail sentence of nine months and a maximum fine of $2,000.
  • DUI Involving Property Damage – This DUI charge is considered an unclassified misdemeanor, and conviction carries a maximum jail sentence of one year and a maximum fine of $1,000.
  • Second DUI with BAC of .15 or More – This DUI charge is considered an unclassified misdemeanor, and conviction carries a maximum jail sentence of one year and a maximum fine of $4,000.
  • Third DUI More than 10 Years After Prior DUI – This DUI charge is considered an unclassified misdemeanor, and conviction carries a maximum jail sentence of one year and a maximum fine of $4,000.
  • Third DUI Within 10 Years of Prior DUI – This DUI charge is considered a third-degree felony, and conviction carries a maximum jail sentence of five years and a maximum fine of $5,000.
  • Fourth DUI – This DUI charge is considered a third-degree felony, and conviction carries a maximum jail sentence of five years and a maximum fine of $5,000.
  • DUI Involving Bodily Injury – This DUI charge is considered a third-degree felony, and conviction carries a maximum jail sentence of five years and a maximum fine of $5,000.
  • DUI Manslaughter (Death of Another Person or Unborn Child) – This DUI charge is considered a second-degree felony, and conviction carries a maximum jail sentence of fifteen years and a maximum fine of $10,000.
  • DUI Manslaughter with Failure to Render Aid – This DUI charge is considered a first-degree felony, and conviction carries a maximum jail sentence of thirty years and a maximum fine of $10,000.

Because every DUI case is different in Hernando County, it is imperative to work alongside a Hernando County DUI Defense Lawyer right away after being arrested and detained. Moving forward without the assistance of a lawyer or seeking a lawyer too late in the process reduces the chances of achieving an outcome that does not include jail time.

Additional Penalties Resulting from a DUI Conviction in Hernando County, Florida

The avoidance of jail time is a good outcome in most Hernando County DUI cases, but those who avoid jail time will still face other penalties. Many individuals serving jail time for DUI offenses will also face other penalties outside of jail. As such, whether a person must serve jail time or not for a DUI offense, he or she should expect to face penalties that include, but may not be limited to, the following:

  • Probation;
  • Drug and Alcohol Counseling;
  • Drug and Alcohol Screening (often involving random testing);
  • Installation of an Ignition Interlock Device (IID) on Each of the Driver’s Vehicles;
  • Suspension/Revocation of a Florida Driver’s License;
  • Community Service; and
  • Tarnished Criminal Record and Reputation.

Although DUI offenses are certainly not as serious as violent crimes or sex crimes, the stigma of being a convicted person – whether the DUI offense at issue is a misdemeanor or felony – can have long-lasting and negative consequences. For example, the inability to drive following a DUI arrest can make it difficult to travel to and from work, to and from school, and anywhere else a person must travel to meet life’s daily needs. Additionally, having a criminal conviction on a person’s record can lead to job loss, difficulty obtaining a new job, difficulty renting a home or apartment, difficulty obtaining credit, and difficulty being accepted into a college or university.

The Process for Dismissing DUI Charges in Hernando County, Florida

The perfect outcome to any criminal matter is the outright dismissal of all charges against a person. Such an outcome is not always achievable but can be reached when legal grounds exist to dismiss DUI charges. The process for determining whether DUI charges filed in Hernando County can be dismissed, a superior Hernando County DUI Defense Lawyer must fully evaluate the case from the time of the DUI stop to the time the client first meets with the lawyer.

An experienced and skilled lawyer will know what to look for to determine if the facts of the case support a finding of dismissal. If a prosecutor cannot prove all elements of a DUI offense, charges must be dismissed. Moreover, the violation of a defendant’s rights in the course of a DUI stop, arrest, or detention, or the use of illegally obtained evidence are grounds for dismissal. Examples of such grounds include, among others, the following:

  • The arresting officer failed to read the driver his/her Miranda rights/warnings;
  • The elicitation of a false or misleading confession;
  • The arresting officer’s unlawful stop of the driver that subsequently resulted in a DUI arrest (i.e., not having valid legal grounds to stop a driver);
  • Lack of evidence supporting DUI charges (such as a BAC result that is within Florida’s legal limit);
  • Failure to consider exculpatory evidence (such as the fact that a different person may have been driving at the time of the traffic stop);
  • Basing DUI charges solely on an arresting officer’s subjective interpretation that a driver was mentally impaired by alcohol or drugs; and
  • Basing DUI charges solely on a failed field sobriety test (as such tests do not consider certain physical limitations drivers may have).

The reasons for seeking dismissal of DUI charges in Hernando County will vary from case to case after a Hernando County DUI Defense Lawyer thoroughly reviews the matter.

Arrest and Detention for DUIs in Hernando County, Florida

Any driver arrested on suspicion of driving under the influence of alcohol or drugs in the state of Florida will be detained for a specific timeframe. Florida law allows law enforcement officers the discretion to keep arrested individuals in detention for a maximum time allowable under the law. Pursuant to Florida Statute § 316.193(9), Florida law enforcement officers can detain a driver until one of the following criteria has been satisfied:

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

Most people arrested on suspicion of DUI do not know that Florida law limits the amount of time law enforcement officials can keep them in custody. Some individuals may spend longer than eight hours in jail and not realize that this is beyond the time allowed under the law. Given that legal rights are on the line, anyone arrested on suspicion of driving under the influence must seek the advice of a Hernando County DUI Defense Lawyer after being arrested and detained.

Refusing to Submit to a Breathalyzer Test in Hernando County, Florida

Drivers stopped and pulled over on suspicion of driving under the influence may choose to refuse to submit to a breathalyzer test. However, doing so may result in the mandatory suspension or revocation of the driver’s Florida license. While BAC results may be damaging to a driver who is, in fact, under the influence of alcohol, refusing to submit to a breathalyzer test could make a DUI case more complicated. Depending on the facts of the case, refusing to submit to a breathalyzer test may be strategic and to the driver’s benefit, but such a conclusion cannot be reached without discussing the matter with a Hernando County DUI Defense Lawyer.

The Hardship Driver’s License – Driving After Facing a DUI in Hernando County, Florida

In the worst of DUI cases, a driver may have his or her license permanently revoked. But, in most DUI cases, a driver will eventually have the ability to drive again, even if he or she has been convicted of DUI. Qualifying drivers may be able to obtain a hardship license that allows them to drive to necessary locations, such as to and from school, to and from work, to the grocery store, to the doctor or hospital, to church, and any other location that requires travel by vehicle. It is important to listen to the advice of a skilled Hernando County DUI Defense Lawyer when discussing the possibility of regaining driving privileges following a DUI case.

Choosing a High-Quality Hernando County DUI Defense Lawyer

Criminal matters cost money, regardless of whether a person retains a lawyer. Court fees and monetary penalties can reach the tens of thousands, especially when a person is convicted of felony DUI. Every person’s financial situation is unique, but when it comes to paying legal fees for a qualified Hernando County DUI Defense Lawyer, spending the money is well worth it to avoid an even greater expense and loss of freedom. With the right lawyer, a defendant may avoid jail time and the maximum fines under Florida law. Moreover, the right lawyer may be able to achieve dismissal or negotiate a DUI case to lesser criminal offense that does not carry the same harsh penalties. Most reputable Hernando County DUI Defense Lawyers will work out payment arrangements that meet the needs of clients.

A Hernando County DUI Defense Lawyer’s reputation in the legal community is a factor that clients should consider when choosing a lawyer. Not only should a lawyer have a reputation for success in achieving positive results for past clients in DUI cases but should also have a good reputation with prosecutors, judges, and fellow lawyers in the community. The right lawyer will have not only exceptional advocacy skills but will also have good communication skills with clients, ensuring that clients play an active role in the process of the case.

Public Defender Versus Private Hernando County DUI Defense Lawyer

One way to avoid the cost of a Hernando County DUI Defense Lawyer is to choose to be represented by a court-appointed public defender. Hernando County has many qualified public defenders, but those charged with DUIs do not have a choice of who this public defender is. Additionally, public defenders lack substantial resources, such as staff, the money to hire experts, and a team of multiple lawyers to provide every client with the same level of legal representation that a private Hernando County DUI Defense Lawyer can provide. Public defenders do not receive the resources they need to best help clients, and this is something outside of their control. With large caseloads and little time for negotiation, many public defenders do not achieve the most favorable outcome for clients.

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

Being arrested and charged with driving under the influence – especially for a first-time criminal offense – is scary, traumatic, and creates a feeling of uncertainty. Whether DUI charges are warranted or not, you need and deserve an experienced and reputable DUI Defense Lawyer. At Musca Law, our team of nationally recognized DUI Defense Attorneys have proven case results, have a good reputation with the legal community, and have the necessary resources to get the job done. The protection of clients’ rights is our number one goal at Musca Law, and we strive to seek the best outcome possible for each and every client. To learn how Musca Law help you, contact our office 24/7 by calling (888) 484-5057.

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