DUI Defense Lawyers in Santa Rosa County, Florida

How to Beat a DUI Charge in Florida

DUI matters are prosecuted heavily in Santa Rosa County. While some DUI cases are outright dismissed, many others result in a conviction. While DUIs do not constitute the vast majority of criminal charges and arrests in Santa Rosa County, prosecutors still seek the harshest penalties possible in these types of cases. That is why it is critical for you to contact a skilled Santa Rosa County DUI Defense Attorney to safeguard your legal rights and interests. Failure to hire a competent attorney can significantly harm your legal rights and your ability to fight the DUI charges against you. If you are facing any type of DUI charges in Santa Rosa County, contact Musca Law now at (888) 484-5057.

Driving Under the Influence (DUI) Statutory Authority and Punishment in Santa Rosa County, Florida

Incidents of driving under the influence, or DUI, in Santa Rosa County have fortunately declined over the past decade, which is a positive thing for drivers and residents. Notwithstanding, prosecutors take an aggressive stance when pursuing DUI charges against an individual. DUI laws are very similar across the United States, however, the state of Florida has its own nuances. As is the case in all states, the legal limit for a driver who is twenty-one years old or more is a blood-alcohol content, or BAC, of 0.08. For those who are under the age of twenty-one, the legal limit is a BAC of 0.02. This is stricter than most states.

Irrespective of the age of the driver, the law in Florida outlines a number of elements that must be satisfied for a driver to be charged with DUI. Pursuant to Florida Statute § 316.193(1), such elements include as follows:

  • The accused driver was driving the vehicle and/or had physical control over it; AND
    • The normal faculties of the accused driver were impaired as a result of consuming alcohol and/or drugs; OR
    • The blood alcohol level of the accused was 0.08 grams of alcohol per 100 milliliters of breath (or 0.02 for accused drivers who are under the age of twenty-one); OR
    • The accused driver’s breath-alcohol level was 0.08 or more grams of alcohol per 210 liters of breath (or .02 for accused drivers under the age of twenty-one).

Several DUI matters in Santa Rosa County involve alcohol consumption however, others are based solely upon the use of drugs. In such instances, a BAC does not measure drug impairment levels. However, law enforcement can place someone under arrest for appearing to have impaired “normal faculties.” Basically, the officer can conduct a subjective evaluation that is based upon his or her interpretation of the accused driver’s behavior. Accordingly, not every DUI case is clear cut and many can involve valid defenses.

There are a variety of different DUI offenses identified under Florida Law that are associated with specific penalties such as jail time and harsh monetary fines. DUI offenses are classified as either felonies or misdemeanors in Florida. The DUI charges that an accused driver may be subject to for driving under the influence of drugs and/or alcohol in Santa Rosa County include the following:

  • Initial DUI with a BAC of 0.08 or greater – this DUI charge constitutes an unclassified misdemeanor, and is associated with a jail term of no greater than a year and a monetary fine not to exceed $1,000.
  • Initial DUI with Minor in the Vehicle – this DUI charge constitutes an unclassified misdemeanor, and is associated with a jail term of no greater than nine months and a maximum fine not to exceed $2,000.
  • Initial DUI with BAC of 0.15 or greater – this DUI charge constitutes an unclassified misdemeanor, and is associated with a jail term of no greater than nine months and a monetary fine not to exceed $2,000.
  • Second DUI with a. BAC of 0.08 or greater – this DUI charge constitutes an unclassified misdemeanor, and is associated with a jail term of no greater than nine months and a monetary fine not to exceed $2,000.
  • DUI Involving Damage to Property – this DUI charge constitutes an unclassified misdemeanor, and is associated with a jail term of no greater than one year and a monetary fine not to exceed $1,000.
  • Second DUI with a BAC of 0.15 or greater – this DUI charge constitutes an unclassified misdemeanor, and is associate with a jail term of no greater than a year and a monetary fine not to exceed $4,000.
  • Third DUI that Occurred More Than Ten Years After Previous DUI – this DUI charge constitutes an unclassified misdemeanor, and is associated with a jail term of no greater than a year and a monetary fine not to exceed $4,000.
  • Third DUI that Occurred Within Ten Years of Previous DUI – this DUI charge constitutes a third-degree felony, and is associated with a prison term of no greater than five years and a monetary fine not to exceed $5,000.
  • Forth and Subsequent DUIs – this DUI charge constitutes a third-degree felony, and is associated with a prison term of no greater than five years and a monetary fine not to exceed $5,0000.
  • DUI with Bodily Injury – this DUI charge constitutes a third-degree felony, and is associated with a prison term of no greater than five years and a monetary fine not to exceed $5,000.
  • DUI Manslaughter (Death of a Person or Unborn Child) – this DUI charge constitutes a second-degree felony, and is associated with a prison term of no greater than fifteen years and a monetary fine not to exceed $10,000.
  • DUI Manslaughter Hit-and-Run/Failure to Render Aid – this DUI charge constitutes a first-degree felony, and is associated with a prison term of no greater than 30 years and a monetary fine not to exceed $10,000.

Due to the fact that each DUI case is unique in Santa Rosa County, it is vital that you hire a skilled Santa Rosa DUI Defense Attorney as soon as possible after your arrest. Proceeding without competent counsel or seeking out the services of a lawyer late in the process greatly reduces your chances of obtaining a favorable outcome in your case.

Additional Penalties Associated with a DUI Conviction in Santa Rosa County, Florida

Avoiding time spent in jail is a positive outcome in the majority of Santa Rosa County DUI matters. However, an accused may still face certain penalties outside of jail and monetary fines that are imposed by the presiding judge. These include, without limitation, the following:

  • Drug and alcohol counseling;
  • Probation;
  • A criminal record and tarnished reputation;
  • Drug and alcohol screening (i.e., random drug and alcohol testing);
  • Drug and alcohol counseling;
  • The installation of an ignition interlock device (IID) in the subject vehicle;
  • Community service; and
  • The suspension/revocation of a driver’s license.

While DUI-related crimes are not as serious as violent ones or those involving sexual misconduct, the stigma associated with a DUI conviction can have life-altering repercussions. For instance, the loss of one’s driving privileges can affect a person’s ability to get to and from work, to and from school, and anywhere else he or she needs to go to meet his or her needs. Moreover, a DUI conviction on an individual’s record can result in the loss of a job, difficulty finding gainful employment, challenges in renting an apartment or home, challenges in obtaining credit, and difficulties associated with being accepted to an educational institution.

The Dismissal of DUI Charges in Santa Rosa County, Florida

The ideal result in any criminal matter is the dismissal of all charges that have been brought against an individual. Such a result may be pursued if there are grounds to warrant a dismissal of the DUI charges. In order to determine whether a dismissal is possible in one’s case, a Santa Rosa County DUI Defense Attorney must comprehensively examine the case from its inception (i.e., from the time the alleged offender is arrested) and highlight the weaknesses of the prosecution’s case.

A skilled and experienced legal advocate will be familiar with what to look for in order to determine whether the facts of the matter support an outright dismissal of the case. Furthermore, if a person’s legal rights were violated due to an improper DUI stop, arrest, or detention, a dismissal may be warranted. Examples of other grounds to dismiss a case include, without limitation, the following:

  • Law enforcement did not read the accused’s Miranda rights;
  • A confession was false or misleading;
  • Law enforcement unlawfully stopped the accused resulting in a DUI-related arrest;
  • There is insufficient evidence to support a DUI conviction;
  • There was a failure to examine and consider exculpatory evidence (i.e., another individual was driving the subject vehicle;
  • The DUI charges are based upon law enforcement’s subjective interpretation that the accused was impaired by drugs and/or alcohol; and
  • The DUI charges are based solely upon a failed field sobriety test (i.e., the accused failed the test due to physical limitations and not a result of alcohol or drug impairment).

In light of the above, keep in mind that each DUI case is different and no lawyer can guarantee a given result in one’s case. Contact a skilled Santa Rosa County DUI Defense Attorney today in order to determine whether grounds for dismissal are present in your case.

Arrest and Detention for DUIs in Santa Rosa County, Florida

A driver who is placed under arrest for allegedly driving while impaired by drugs and/or alcohol will be detailed for a certain period of time. Under Florida law, law enforcement may detain a person for the maximum amount of time allowable under the law. Pursuant to Florida Statute § 316.193(9), police can keep a driver in jail until one of the following has been met:

  • The accused’s BAC is less than 0.05;
  • The accused’s normal faculties are restored; or
  • The accused has been in jail for a minimum of eight hours.

The majority of individuals who are placed under arrest for DUI do not realize that Florida law sets a limit on the amount of time they can remain detained. This means that some people may be in jail for longer than eight hours without knowing that they have the right to be released. Accordingly, if you have been arrested for DUI in Santa Rosa County, it is critical that you seek out the services of a skilled Santa Rosa County DUI Defense Attorney as soon as you are arrested.

The Refusal to take a Breathalyzer Test in Santa Rosa County, Florida

Drivers who are stopped due to the suspicion that they are impaired by drugs or alcohol may refuse to take a breathalyzer test. However, this may not be the recommended course to take, as it can result in an arrest as well as the mandatory revocation of an accused’s driver’s license. In other words, the refusal to submit to a breathalyzer test may be damaging to one’s case and could further complicate one’s case. However, in other instances, it may be a strategic move. It is best to contact a skilled Santa Rosa County DUI Defense Attorney to learn more about your legal rights and options.

The Hardship Driver’s License in Santa Rosa County, Florida

In the worst of DUI matters, an accused may be subject to a permanently revoked driver’s license. However, in the majority of DUI cases, an accused may be able to have his or her driving privileges restored, even if he or she was convicted of DUI. It is important to realize that if a driver’s license is revoked, it can be restored through obtaining a hardship license that enables an accused to drive to necessary places such as to work, school, the grocery store, a hospital or doctor’s office, church, and other important locations.

In this view, it is vital to adhere to the counsel of a Santa Rosa County DUI Defense Attorney when evaluating whether a hardship license applies in your case.

Hiring a Skilled and Experienced Santa Rosa County DUI Defense Lawyer

Criminal cases undoubtedly are costly, irrespective of whether an individual hires a lawyer. Specifically, there are court fees and monetary penalties that could cost several thousand dollars, especially in the case where a person is charged with a felony DUI. Each person’s finances are unique, but if you have been charged with any DUI offense in Santa Rosa County, hiring a private Santa Rosa County DUI Defense Attorney may be well worth it to avoid additional repercussions such as a loss of freedom and harsh monetary fines. With the right attorney, an accused may be spared of having to be in jail and may also avoid having to pay monetary penalties. Additionally, the right attorney may be able to seek a reduction in the charges or an outright dismissal of the case, if it is warranted. Keep in mind that many private attorneys in Santa Rosa County will work with a client to make payment arrangements that are manageable.

When hiring the right Santa Rosa County DUI Defense Attorney, one should evaluate the attorney’s reputation in the community, which is extremely important to consider. Not only should an attorney have a reputation for success, he or she should also be highly familiar with the applicable law, the judge, the prosecution, and the ins and outs of the courtroom. The attorney should also have deft negotiation, communication, and litigation skills. The right lawyer should also ensure that his or her client play an active role in his or her case.

Public Defenders Versus Private Santa Rosa County DUI Defense Lawyers

A way in which to prevent having to face significant expenses associated with hiring a Santa Rosa County DUI Defense Attorney is to work with a public defender that is appointed by the court. While Santa Rosa County public defenders are often highly qualified attorneys, they often lack the resources to fully devote to one’s case. Specifically, they often lack staff, the money to hire experts, and other valuable resources that can help a person achieve a successful outcome in his or her case. In essence, a public defender, while talented, may not be able to provide the same level of representation as that of a private Santa Rosa County DUI Defense Attorney. With large caseloads and a minimal amount to engage in negotiations, many public defenders are simply incapable of achieving the best results in one’s case.

Contact the Santa Rosa County DUI Defense Lawyers of Musca Law Today!

Being placed under arrest for driving under the influence is frightening and can lead a person to feel uncertain about his or her future. Whether the DUI charges that an individual is facing are warranted or not, it is critical to hire a skilled and knowledgeable Navarre Defense Attorney right away.

At Musca Law, our team of legal advocates is recognized at the national level given their ability to obtain favorable results in many of their clients’ cases. We have a reputation for success given our proven case results. Our team of skilled legal advocates also has a stellar reputation in the community and we have the resources necessary to get the job done right.

To learn more about your legal options, contact Musca Law today at (888) 484-5057. Don’t wait, as your freedom and livelihood are at stake!

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