DUI Defense Lawyers in Okaloosa County, Florida
Florida Driving Under the Influence Laws, Offenses, Penalties, and Defenses
Driving under the influence (DUI) is a commonly charged crime in Okaloosa County. Most DUI cases involve allegations that a person has been operating a vehicle while under the influence of alcohol with a blood-alcohol content (BAC) of .08 or more, the legal limit in the state of Florida. However, some DUI cases involve alleged drug intoxication and/or involve other aggravating factors, such as, among others, property damage, a BAC of .15 or more, bodily injury or death, or a repeat DUI offense. While many accused individuals facing DUI charges avoid jail time, not every case is the same, and anyone facing DUI charges in Okaloosa County should prepare to face jail time, fines, and other consequences if they are ultimately convicted.
The Okaloosa DUI Defense Lawyers of Musca Law are well-known for providing superior legal representation in the area of criminal defense for clients throughout the state of Florida. With substantial courtroom experience, our Okaloosa DUI Defense Lawyers are always prepared to fight criminal charges in court against tough prosecutors. Whether you are facing a first-time misdemeanor DUI offense or a facing a subsequent or felony DUI offense, you need and deserve a strong advocate to protect your rights.
The Okaloosa DUI Defense Lawyers of Musca Law utilize the best strategies to build a defense for each client that will help to achieve the best result. In some cases, criminal charges are dismissed. In others, plea agreements may be reached to avoid jail time and other harsh consequences. While all DUI cases are different and specific results cannot be guaranteed, Musca Law has a track record of success in all areas of criminal law. To speak with an Okaloosa County DUI Defense Lawyer about your situation, contact Musca Law 24/7 by calling (888) 484-5057.
Driving Under the Influence (DUI) Laws and Penalties in Okaloosa County, Florida
DUI laws in Florida account for many different scenarios that can lead to a person being arrested on suspicion of driving while intoxicated and subsequently charged with one or more crimes. Lower-level DUI offenses are misdemeanors, and while such offenses do not have as harsh of consequences as felonies, misdemeanor DUI convictions do carry consequences that can be life-altering.
Okaloosa County prosecutors who charge a person with one or more DUI offenses must be able to establish the threshold requirement of (1) proving the accused person was operating a vehicle (2) while under the influence of alcohol or drugs. Specifically, Florida Statute Section 316.193(1) states that a person may face DUI charges if:
- The accused driver was in actual physical control of the vehicle at issue in the alleged DUI offense; and
- The accused driver’s normal faculties were impaired by alcohol or drugs; or
- The accused driver’s blood-alcohol level was .08 or more grams of alcohol per 100 milliliters of breath; or
- The accused driver’s breath-alcohol level was .08 or more grams of alcohol per 210 liters of breath.
Most DUI cases that involve the alleged consumption of alcohol are supported by a field sobriety test and/or BAC test results. However, if a driver passes a field sobriety test and a breathalyzer test does not show the driver is under the influence of alcohol, an officer can still arrest the driver on suspicion of driving under the influence if the officer believes the driver’s “normal faculties” are impaired by the use of alcohol or drugs. A DUI case that does not involve supporting test results is not a strong case for Okaloosa County prosecutors. However, no matter how weak a prosecutor’s case may seem, an accused person must proceed as if conviction is a possibility without the help of a high-quality Okaloosa County DUI Defense Lawyer.
The Level of DUI Charges in Okaloosa County, Florida
Florida law establishes numerous DUI offenses ranging from a minor first-time offense to a severe first-degree felony for DUI manslaughter with failure to render aid to the victim. Whether you are facing a first-time DUI offense, a subsequent DUI offense, or a DUI offense involving aggravating factors, it is important to have an understanding of what the maximum penalties are for conviction. Per Florida law, DUI offenses are classified as follows:
- First DUI with BAC of .08 or More – This DUI offense is considered an unclassified misdemeanor, and conviction of this offense results in a maximum jail sentence of six months and a maximum fine of $1,000.
- First DUI with Minor Under 18 as Passenger in the Vehicle – This DUI offense is considered an unclassified misdemeanor, and conviction of this offense results in a maximum jail sentence of nine months and a maximum fine of $2,000.
- First DUI with BAC of .15 or More – This DUI offense is considered an unclassified misdemeanor, and conviction of this offense results in a maximum jail sentence of nine months and a maximum fine of $2,000.
- Second DUI with BAC of .08 or More – This DUI offense is considered an unclassified misdemeanor, and conviction of this offense results in a maximum jail sentence of nine months and a maximum fine of $2,000.
- Third DUI More than 10 Years After Prior DUI – This DUI offense is considered an unclassified misdemeanor, and conviction of this offense results in a maximum jail sentence of one year and a maximum fine of $1,000.
- DUI Involving Property Damage – This DUI offense is considered a first-degree misdemeanor, and conviction of this offense results in a maximum jail sentence of one year and a maximum fine of $1,000.
- Second DUI with BAC of .15 or More – This DUI offense is considered an unclassified misdemeanor, and conviction of this offense results in a maximum jail sentence of one year and a maximum fine of $4,000.
- Third DUI Within 10 Years of Prior DUI – This DUI offense is considered a third-degree felony, and conviction of this offense results in a maximum jail sentence of five years and a maximum fine of $5,000.
- Fourth DUI – This DUI offense is a considered a third-degree felony, and conviction of this offense results in a maximum jail sentence of five years and a maximum fine of $5,000.
- DUI Involving Bodily Injury – this DUI offense is considered a third-degree felony, and conviction of this results in 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 offense is considered a second-degree felony, and conviction of this offense results in a maximum jail sentence of fifteen years and a maximum fine of $10,000.
- DUI Manslaughter with Failure to Render Aid – This DUI offense is considered a first-degree felony, and conviction of this offense results in a maximum jail sentence of thirty years and a maximum fine of $10,000.
All DUI offenses under Florida law carry potential jail sentences, but this does not mean that jail time has to be the result. With the assistance and legal representation of a qualified Okaloosa County DUI Defense Lawyer, accused individuals are in a better position to fight DUI charges by raising valid legal defenses, or negotiating an agreement that allows a person to plead guilty to a less-serious offense.
Additional Consequences Beyond Jail Time and Monetary Fines
Because many DUI cases result in plea agreements that help accused individuals to avoid jail time and a tarnished criminal record, there is a long list of consequences to expect as part of that agreement. Individuals convicted of DUI offenses who do spend time in jail will likely face the same long list of consequences once released from jail. Such consequences include, among others, the following:
- Probation;
- Mandatory Counseling for Substance Abuse and Mental Health;
- Mandatory Educational Courses;
- Mandatory Community Service;
- Temporary or Permanent Suspension/Revocation of a Florida Driver’s License;
- Mandatory Installation of Ignition Interlock Device on Vehicle(s) Driven by the Accused Individual;
- Mandatory Impoundment of Vehicle Involved in a DUI Matter; and
- A Tarnished Criminal Record (which is much more harmful for conviction of felony DUIs).
Just one probation violation can throw a plea agreement out the door and lead to potential criminal charges. Adhering to all requirements following a DUI matter is essential to successful completion of a plea agreement and/or probationary period.
Dismissing DUI Charges in Okaloosa County, Florida
The dismissal of DUI charges in Okaloosa County can be achieved but an accused defendant must have viable legal grounds to seek dismissal. A lack of evidence is certainly one reason to seek dismissal but, in many cases, dismissal of DUI charges may rely on a law enforcement officer’s conduct that violated an accused person’s constitutional rights. Examples of reasons why many DUI cases are dismissed include, but are certainly not limited to, the following:
- Failure to Present Sufficient Evidence of Intoxication (for example, a BAC result showing a driver was under the legal limit);
- Wrongful Traffic Stop That Resulted in a DUI Arrest (such as pulling a driver over who had not exhibited signs of intoxication while driving or commit any other traffic offense);
- Failure to Read the Accused Person His/Her Miranda Rights; and
- Securing a False Confession Through Coercion.
Complete dismissal of DUI charges in Okaloosa County may not always be a viable option, especially for DUI cases involving aggravating factors, including, among others, repeat DUI offenses, DUIs involving property damage, DUIs involving bodily harm, and DUIs involving a BAC of .15 or more. When DUI charges involve allegations of aggravating factors, and prosecutors have sufficient evidence to support their case, dismissal may not be achievable absent valid legal grounds. As such, the best result may be to avoid jail time and avoid a felony conviction on one’s record.
Understanding the Arrest and Detention Process in an Okaloosa County DUI Case
Florida law provides arresting officers with the discretion to detain a person accused of driving under the influence for a certain period of time following arrest. Many people arrested on suspicion of driving under the influence are unaware of their rights, and often do not learn until much later that they may have been detained for too long at the police station.
Under Florida Statute Section 316.193(9), a person arrested on suspicion of driving under the influence can be detained in custody until one of the following can be established:
- The accused person’s BAC reading is less than .05;
- The accused person’s normal faculties are no longer impaired by alcohol or drugs; or
- The accused person has been detained for at least 8 hours.
While Florida law does provide officers with discretion to detain accused individuals for a period of time following arrest, officers cannot abuse this discretion. Keeping an arrested individual in custody for longer than legally allowable may be grounds for the dismissal of DUI charges. Unfortunately, an accused person may not be aware that he or she was unlawfully detained until much further along in the process when informed by a lawyer. As such, the most crucial decision a person can make following arrest on suspicion of driving under the influence in Okaloosa County is to call a lawyer who can immediately intervene to protect the accused person’s constitutional rights.
The Importance of Choosing a Qualified Okaloosa County DUI Defense Lawyer
Many individuals facing DUI charges in Okaloosa County – especially lower-level or first-time offenses – believe that as long as they stay out of jail, they are achieving a positive result. Such a result may be the best a person can hope for but resolving a DUI matter fairly for an accused person is about more than simply avoiding jail time. The long list of restrictions placed upon a person convicted of any DUI offense in Okaloosa County can be more debilitating than jail time, at least for some. The driving restrictions placed upon a convicted individual are especially debilitating and require the driver to take certain action to keep his or her Florida driver’s license.
While many qualified Okaloosa County DUI Defense Lawyers can help clients avoid jail time, such a goal should not be the only goal in a DUI case. Rather, the right Okaloosa County DUI Defense Lawyer will formulate a plan of defense that is best suited for each client. In some cases, avoiding jail time may be the only goal, while in other cases, avoiding the permanent loss of a driver’s license may be the more important factor. The bottom line is that accused persons facing DUI charges in Okaloosa County deserve individualized legal representation that is unique to each case.
The Role of Public Defenders in Handling Okaloosa DUI Cases
Public defenders in Okaloosa County work hard to provide the best legal representation to clients. However, public defenders often lack the resources necessary to achieve the best outcome possible in a DUI case. Private law firms with ample resources have a better chance to ensure clients are properly represented to reach a result that is fair given the facts of the case. Unfortunately, until public defenders are provided sufficient resources to help accused individuals have a fighting chance in the courtroom, many of these individuals will spend time in jail for lower-level offenses and/or develop a criminal record that will make it easier to be charged and convicted of another crime in the future.
Concerns About the Cost Associated with Hiring the Right Okaloosa County DUI Defense Lawyer
Many people facing DUI charges in Okaloosa County understandably are concerned about how much money they will have to spend to hire a qualified lawyer. Lawyers with the requisite experience and skill will likely cost more than a more inexperienced lawyer. However, the cost of a good lawyer is often worth it when comparing the cost of what the result may have been without the lawyer’s help. No lawyer – no matter how qualified – can guarantee certain results, but the chances of achieving a more favorable result are much greater with the help of a superior Okaloosa County DUI Defense Lawyer. Taking a risk by choosing to work alongside an inexperienced lawyer is simply too great.
At Musca Law, Our Okaloosa County DUI Defense Lawyers Have Proven Results
The Okaloosa County DUI Defense Lawyers of Musca Law believe success begins with ensuring all clients are properly represented in the courtroom. The protection of constitutional rights is of utmost importance to our team of lawyers. At Musca Law, we also believe in transparency and provide examples of case results that demonstrate our history of successto allow potential clients to see how our law firm has been able to help so many clients.
Contact the Okaloosa County DUI Defense Lawyers of Musca Law Today!
If you are facing DUI charges in Okaloosa County, you have very little time to find a qualified Fort Walton Beach Defense Lawyer who can protect your constitutional rights. At Musca Law, our Okaloosa County DUI Defense Lawyers have more than 150 years of combined professional experience representing clients accused of a variety of crimes, including DUIs. Our team of lawyers make every effort to reach the best result possible for each client. To find out how Musca Law can help you with your legal matter, contact our office today by calling (888) 484-5057. We are available 24/7 to provide you with the legal advice you need.