DUI Defense Lawyers in Highlands County, Florida
Highlands County, Florida is in the south-central portion of the state and is home to nearly 110,000 people. While Highlands County is certainly not one of Florida’s largest, law enforcement officers are still busy arresting individuals for a variety of criminal matters, including driving under the influence (DUI) offenses. Overall, DUI offenses are not one of Highland County’s largest criminal problems, especially with the influx of Uber, Lyft, and other ride-share vehicle services. However, DUIs will never go away and facing a DUI can be not only burdensome but can ruin an otherwise law-abiding person’s reputation and livelihood.
Many people arrested for DUIs in Highlands County believe the matter can be dealt with by paying a fine and agreeing to other terms in lieu of jail time, but this is not always the outcome. While some individuals can avoid jail time and even a DUI conviction on their record in Highlands County, others are not so lucky. The best way to ensure a positive outcome to a DUI case is to allow a Highlands County DUI Defense Lawyer to handle the entire matter. When an experienced advocate is handling a DUI case, the accused person can be relieved of some stress in knowing the case is being taken care of by a skilled and proven legal professional.
Florida Ranks Low Among All States for DUI-Related Arrests
Despite the substantial number of traffic stops and traffic accidents in Florida, the state only ranked 46 nationwide in DUI-related arrests in 2018. Specifically, in 2018, there was a total of 151 DUI-related arrests per 100,000 people. While the numbers regarding DUI arrests are favorable compared to most other states, statistics should be taken with a grain of salt. Simply because DUI arrests are, on average, lower statewide, does not mean that Highlands County prosecutors will not aggressively pursue DUI cases.
The best way to approach a DUI matter is to assume that prosecutors will fully apply Florida’s DUI laws possible. Given that Highlands County is less populated than Miami-Dade County or Broward County, for example, one should expect Highlands County officers and prosecutors to take DUI cases more seriously. It is not uncommon for smaller counties and cities to be more aggressive in prosecuting cases that would be considered minor in large counties and cities.
Driving Under the Influence Laws and Penalties in Highlands County, Florida
Most people are familiar with Florida’s basic DUI law that states the legal limit for driving under the influence of alcohol is a blood-alcohol content (BAC) of .08, a number that is common among most states nationwide. However, Florida has multiple DUI laws that are specific to the nature and severity of conduct at issue in a DUI case. For drivers under the age of twenty-one, the legal limit is only .02 per Florida Statute § 322.2616, which is lower than the legal limit for drivers under the age of twenty-one in other states.
Anyone who is facing DUI charges should have a basic understanding of what prosecutors must prove to convict a person in court. Pursuant to Florida Statute § 316.193(1), a person may be convicted of a DUI offense if the following elements are established:
- (1) The accused driver is in actual physical control of a vehicle at the time of a DUI stop; and
- (2) The accused driver’s “normal faculties” are found to be impaired by the use of alcohol or drugs; or
- (3) The accused driver’s blood-alcohol level is .08 or more grams of alcohol per 100 milliliters of breath; or
- (4) The accused driver’s breath-alcohol level is .08 or more grams of alcohol per 210 liters of breath.
For all DUI offenses in Florida, the above-listed criteria must be established to convict an accused person. However, depending on the accused person’s criminal history (especially prior DUI convictions), and depending on the nature of the specific DUI offense at issue, an accused person may face a multitude of DUI charges in Highlands County, including one or more of the following:
|
DUI CHARGE |
LEVEL OF OFFENSE |
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 |
The maximum jail sentences and monetary fines associated with each type of DUI offense under Florida law are just one portion of a DUI case to take into consideration. Unless DUI charges are dismissed by a Highlands County prosecutor or by the court, anyone who either pleads guilty through negotiation or is found guilty at trial will face a long list of consequences, which may apply regardless of whether a person serves jail time or pays fines.
These additional consequences include, but are certainly not limited to, the following:
- Probation (which may last longer for some individuals, depending on the unique facts of the DUI case);
- Mental health evaluation;
- Drug and alcohol counseling;
- Drug and alcohol testing/screening, which may be random;
- Installation of an ignition interlock device on all vehicles driven by the person facing a DUI conviction;
- Suspension or revocation of driver’s license (the more severe the DUI, the more substantial the suspension/revocation will be); and
- A permanent criminal record, including a record of the DUI arrest as well as the conviction.
More serious DUI offenses, such as those that are felonies under Florida law, will carry more serious consequences than a first or second misdemeanor DUI offense. However, even misdemeanors can follow around a person for years, making life difficult in more ways than one. For example, trying to get a job, trying to rent a home, and even trying to obtain credit with a criminal record can be very difficult. As such, regardless of whether a person is facing a DUI for the first time, or if a person has a criminal record and facing a new DUI charge, it is imperative to reach out to a Highlands County DUI Defense Lawyer.
The Process for Dismissing DUI Charges in Highlands County
The best possible outcome for any criminal case is to have a prosecutor or judge dismiss all charges. While dismissals are not impossible, it can be very difficult to dismiss a DUI case in Highlands County, especially when prosecutors have evidence of intoxication (such as a BAC reading of more than .08). Although difficult, some DUI cases can be dismissed in Highlands County if legal grounds exist to do so. However, only a Highlands County DUI Defense Lawyer who routinely handles criminal matters can make a dismissal happen. To dismiss a DUI case, the lawyer must thoroughly evaluate the facts from the time a person is stopped/pulled over to the time charges are issued by the prosecutor.
The right lawyer will raise defenses that are applicable to a particular client’s case. Examples of reasons why some DUI cases are dismissed in Highlands County include, among others, the following:
- The initial traffic stop was unlawful in that the arresting officer lacked probable cause to believe a driver was intoxicated while behind the wheel;
- The accused driver was not informed or read his/her Miranda rights, which may have elicited incriminating statements from the accused driver;
- DUI charges are based on illegally obtained evidence;
- The BAC results from a breathalyzer test are invalid;
- DUI charges are based solely on a failed field sobriety test, and the failed test may be the result of issues not pertaining to intoxication (such as a medical condition);
- DUI charges are based solely on an officer’s belief or interpretation that a driver was under the influence of drugs or alcohol, even though the driver passes a breathalyzer and/or field sobriety test;
- Failure to consider evidence that a different person was operating the vehicle at the time of the traffic stop; and
- Evidence suggesting an accused driver’s constitutional rights were violated during the arrest and detention process.
Even though many DUI cases are similar, unique circumstances exist in each case that help a Highlands County DUI Defense Lawyer shape a strong defense that may help to dismiss DUI charges. It is important to keep in mind that even the best lawyer may not be able to achieve outright dismissal of a DUI case.
However, depending on the accused person’s criminal history and the severity of the alleged conduct pertaining to the DUI charges, a Highlands County DUI Defense Lawyer can typically seek to resolve a DUI matter through negotiation with prosecutors. By resolving the matter, the accused person may need to plead guilty to a less-serious offense, such as a non-moving violation, to avoid a DUI conviction on his/her record. The only way to determine whether dismissal is a possibility in a given DUI case is to promptly contact a Highlands County DUI Defense Lawyer following arrest.
Being Arrested and Detained on Suspicion of DUI in Highlands County, Florida
Under Florida law, officers must follow certain guidelines when arresting and detaining drivers accused of driving under the influence of alcohol or drugs. Being placed in handcuffs, put in the back of a police vehicle, and taken to jail is not a pleasant experience. However, Florida law provides officers with discretion to detain suspected drivers for a certain period of time. Under Florida Statute § 316.193(9), officers may keep suspected drivers in custody until one of the following happens:
- 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 jail/detention for at least 8 hours.
Although law enforcement officers have substantial discretion when dealing with DUI arrests, they cannot abuse their discretion. Any abuse of discretion or power can be harmful to a prosecutor’s case. Unfortunately, many people who are arrested on suspicion of driving under the influence of alcohol or drugs are unaware that there is a limit on how long they can be detained, and they may not learn about the limits on detention until they speak with a Highlands County DUI Defense Lawyer. Because of the multiple legal variables at play in a DUI case, the first phone call a person makes after being arrested on suspicion of driving under the influence should be to either a Highlands County DUI Defense Lawyer or a person who can reach out to a lawyer on the arrested person’s behalf. When constitutional rights are on the line, having a lawyer is critical to successfully defending a DUI case in Highlands County.
Can I Refuse to Submit to a Breathalyzer Test in Highlands County, Florida?
Yes and no. While a person has the right to refuse to submit to a breathalyzer test upon request by a police officer, doing so places the person’s driving privileges at risk. Under Florida law, all drivers impliedly consent to submitting to a breathalyzer test, a field sobriety test, and even a blood test. Depending on the specific circumstances of a person’s case, a refusal to submit to a breathalyzer test may be a good option, but this is difficult to know at the time a DUI stop is taking place. The important thing to keep in mind is that a refusal to submit to a breathalyzer test could result in the mandatory suspension of one’s driver’s license. As such, it is best to discuss on legal options with a Highlands County DUI Defense Lawyer.
The Hardship Driver’s License in Highlands County, Florida
Most DUI offenses lead to the mandatory suspension of one’s driver’s license. However, how long the suspension lasts will be depending on (1) the severity of the DUI offense, (2) whether a driver refused to submit to a breathalyzer test, and (3) whether the driver has a criminal record. In many cases, a person can recover his/her driving privileges by obtaining a Hardship license. However, the driving privileges are often limited to driving to and from work, school, church, the grocery store, the doctor, and any other locations that are deemed necessary. Options for obtaining a Hardship license must be discussed with a Highlands County DUI Defense Lawyer.
Finding a Highlands County DUI Defense Lawyer to Represent Your Rights
Choosing a Highlands County DUI Defense Lawyer is not always easy, especially when an accused person has little time to locate a lawyer, but choosing the right lawyer is critical to the outcome of a DUI case. Many lawyers in Highlands County handle DUI cases alongside civil matters and other non-criminal legal matters. While such lawyers may have courtroom experience, choosing a lawyer who handles nothing but DUIs and other criminal matters is beneficial to a person facing DUI charges. A lawyer who focuses on nothing but criminal law is in a good position to provide the best legal defense strategies.
Because the cost of legal representation is a factor for many individuals looking for a Highlands County DUI Defense Lawyer, many of these individuals choose to move forward alone (“pro se”), choose to hire an inexperienced lawyer who is cheaper, or choose to work with a public defender. While public defenders are experienced lawyers, they often do not have the time, money, and other resources to provide individuals with the same level of representation that can be achieved by working with a skilled Highlands County DUI Defense Lawyer. Many Highlands County DUI Defense Lawyers with proven results will work with clients when it comes to the cost of legal representation, and at the end of the day, the cost of choosing a qualified lawyer is well worth it to avoid jail time, significant fines, and a long list of other negative consequences.
Contact the Highlands County DUI Defense Lawyers of Musca Law Today!
If you or a loved one has been arrested and facing DUI charges, you have very little time to act to locate and retain a qualified and proven Highlands County DUI Defense Lawyer. One DUI conviction can lead to a whole host of unwanted and stressful consequences. At Musca Law, our team of nationally known Highlands County DUI Defense Lawyers has more than 150 years of combined experience representing the legal rights of clients facing criminal charges. If you would like to explore your legal options, act quickly to speak with Musca Law today by calling 1-888-484-5057. Our Highlands County DUI Defense Lawyers are available 24/7 to assist you in a time of need.