New Port Richey DUI Lawyers
DUI Defense Practice with 150 Years of Experience
New Port Richey DUI lawyers at Musca Law offer sound legal advice to our clients based on experience with the law. After a person has been arrested and charged with driving under the influence (DUI), in New Port Richey they should contact an attorney. This is because a DUI conviction can have lasting and long-term negative consequences. This is why if a person has been arrested and charged with DUI in New Port Richey or in Pasco County, Florida, it is advisable that they consult with an experienced New Port Richey DUI Defense Attorney.
DUI Lawyers in New Port Richey
Our DUI defense lawyers in New Port Richey, Florida understand how to protect the legal rights of the accused in serious situations. Our legal professionals have extensive criminal defense experience in charges such as:
- DUI First Offense
- DUI Second Offense
- Third, Fourth, or Subsequent DUI
- Underage DUI
- Felony DUI
- DUI Manslaughter
- Drug-Related DUI
- Commercial Driver’s License DUI
- Boating Under the Influence (BUI)
New Port Richey DUI Law – Driving Under the Influence in New Port Richey [Florida Statute 316.193]
In New Port Richey Florida Statutes Section 316.193 controls driving under the influence offenses including all potential penalties. According to the law, someone can be charged with DUI if certain factors and circumstances exist. For instance, if the person arrested and charged with DUI can depend on the following scenarios:
- Whether someone’s blood alcohol concentration (BAC) is .08 percent or more.
- If the individual was impaired to a degree by alcohol and/or drugs.
- When the accused was driving or in physical control of a vehicle at the time of the offense.
- If another individual was seriously injured or killed as a result of the offense.
- Whether property damage was a result of the offense.
- If the person has any prior DUI convictions on their criminal record.
DUI Attorneys in Pasco County, Florida
The penalties that come from a DUI conviction in New Port Richey can include jail time and fines, and the DMV can suspend the driving privileges of the accused administratively. In addition, other consequences that an individual may face as a result of a DUI conviction are:
- The completion of a certain number of hours of community service.
- The completion of a substance abuse course.
- Mandatory use of an ignition interlock device.
- A period of time on probation.
- Impoundment of the vehicle for ten days.
A DUI conviction on a person’s criminal record can also impact everyday matters such as renting living space, getting a job, or obtaining student financial aid.
New Port Richey DUI Defense – Second DUI
A second DUI conviction within the five years of your first offense can mean even more draconian penalties, including a mandatory minimum jail sentence of 10 days. If there are certain aggravating factors, such as a high blood alcohol concentration (BAC) or a minor was in the vehicle at the time of the offense, the accused may be subject to more severe penalties, including any punishment that an individual might receive for a felony DUI.
Felony DUI Defense Lawyers in New Port Richey
DUIs in New Port Richey are generally considered misdemeanor offenses. However, in some circumstances, the accused can be charged with a felony offense for DUI. An individual can be charged with a felony DUI if:
- The offense is the third DUI within five years;
- The offense is the fourth or subsequent DUI;
- The offense either severely or fatally injures someone else.
A felony DUI is usually considered a third-degree felony, but there are some situations that can enhance it to a second or first-degree felony. DUI manslaughter is a second-degree felony. An individual can be charged with DUI manslaughter when another person dies as a result of the DUI offense. Leaving the scene of a DUI manslaughter accident can result in a first-degree felony charge. In this case, a conviction can mean up to thirty years in prison.
New Port Richey Boating Under the Influence (BUI) Lawyers
Under New Port Richey and Florida Law, if a person operates a boat or vessel while under the influence, they can be charged with the offense of Boating Under the Influence (BUI). Section 327.35 of the Florida Statutes establishes the elements and penalties associated with a BUI offense in New Port Richey Florida. If convicted of BUI in Florida, someone can receive a jail sentence of up to 6 months if it is the first offense. Depending on whether the person has been previously charged with BUI, or if aggravating factors exist, the penalties can be even harsher.
No Cost Case Review with Our DUI / BUI Defense Attorneys in New Port Richey, Florida
Someone who has been arrested and charged with DUI or BUI in New Port Richey or Pasco County, Florida can contact Musca Law now. Protect your legal rights and understand all of the legal options available to you by speaking with one of our experienced New Port Richey Drunk Driving Defense Attorneys. You can speak with one of our legal professionals, at no charge to you, by calling 800.687.2252 for a free consultation.
Urine, Blood, and Breath Testing
If you are asked to take a breathalyzer test and blow over the .08% legal blood alcohol limit or receive blood test result that is over .08%, don't just assume that you will not be able to fight your DUI charges. Breath and blood tests frequently have incorrect or inaccurate results. Breath and blood testing equipment may not be calibrated properly, the operator may have had inadequate training or the blood samples may have been illegally or improperly collected.
The instruments that are used for testing your breath are very delicate and they need to be accurately calibrated prior to and following each use. Also, law enforcement officers are required to follow a very precise protocol in order to ensure that the results will be as true as possible and that they will be allowed in court. In New Port Richey, the most frequently used method for testing a suspected drunk driver’s blood alcohol level is with the Intoxilyzer 8000 which uses infrared spectroscopy to perform its breath analysis.
Even though your breath analysis might be the most pressing evidence against you, it could be false. Any breath testing unit has the potential for error, just like any other machine. The portable testing units found in police patrol cars have been known to fail since the machine can be thrown off by radio waves and temperature. Other obstacles that are involved in breath testing during a traffic stop could be any of the following:
- People who smoke cigarettes since smoking is able to raise the amount of acetaldehyde in their lungs, which the breathalyzer unit may identify as alcohol
- People who have diabetes or hypoglycemia could give false readings from the acetone in their system
- Having burped recently
- Going without food for an extended period of time
It is essential that the specifics of how you were tested are examined by a legal professional who is knowledgeable on the various ways that a breathalyzer test is able to be incorrect and erroneously result in a charge for drunk driving.
Blood test specimens are able to be tainted while they are being processed in the lab and at the point of acquisition. Blood alcohol content could still elevate following a police stop, and your blood alcohol level at the time you were actually driving could actually be lower than what was recorded when your sample was finally obtained. There is a distinct method that has to be observed when blood is being tested. For starters, your arm MAY NOT be cleaned with isopropyl alcohol (rubbing alcohol), since this will affect your blood alcohol level.
Also, blood samples are capable of fermenting if they are not correctly stored. They could also potentially be combined with other blood samples if the protocols are not followed precisely. After the blood collection is complete, the whole sample has to be tested, not just the plasma, which is usually what is done. Even a flawlessly executed test is able to give a false reading and result in an inaccurate blood alcohol level. Talk to our New Port Richey DUI defense attorneys about exactly what transpired when you took your blood test.
Of the three testing methods, the urine test is less reliable when it comes to testing for drugs than is the blood test. Even so, the current inclination now seems to be that use of the urine test if permitted if the results are unable to be established by blood tests. When someone is arrested for driving under the influence of narcotics, the state is allowed to use the urine test results in order to establish the driver’s intoxication. These tests usually do not hold up under close analysis, because there are so many different, legal substances that could easily produce a spurious reading.
The issue with this tactic is that urine tests are very unreliable in that they are unable to ascertain the point in time at which a drug was used. Once drugs have been metabolized in the body they leave behind minuscule traces called metabolites. If metabolites are present, then the actual drug itself has already been processed. Urine analysis only detects these metabolites in the body, so depending on the drug that was taken, and the amount of it that is present in the urine test, it is very tricky, if not impossible, to accurately find out whether or not the drug was actually in the suspect’s bloodstream at the time of their offense.
DUI Traffic Stop
There are steps that you are able to take in order to limit your chances of a drunk driving arrest. For instance:
Get a Designated Driver: Prior to going out for a drinkl, arrange a designated driver for yourself or make sure that you have the Uber app set-up on your cell phone. Restaurants and bars will always phone a taxi for you if you ask. Being vigilant and using common sense could save lives as well as money and an arrest record
Have Your Driving Documents Readily Available: If you do decide to drink and then get behind the wheel of a car, it is vital that you have your valid driver's license, current vehicle registration, and proof of insurance ready and easily within reach. One indication of drunkenness frequently described by law enforcement officers is that the suspected drunk driver clumsily pawed through their wallet or purse or otherwise had issues with locating the necessary documentation. This situation can be avoided if you simply gather your documents together and always keep them in the same place, with no additional jumble to distract you or get in your way.
Do Not Incriminate Yourself: It is a perfectly natural response to attempt to talk your way out of any form of trouble, no matter if it is a minor traffic ticket or a possible arrest. One of the worst things that you can do, however, is to give the police any evidence which they may be able to use against you. It is a smart idea to always be polite, but do not be overly anxious to assist law enforcement in doing their job. The only thing that is expected of any United States citizen is to give a legal name when you are asked and to produce all of your up-to-date driving paperwork.
No further conversation with the police officer is legally required. Should the police officer ask if you know why he pulled you over, you do not have to answer. You may simply say “No.” or shake your head and wait for the officer to run your driver license.
Another natural, but less than unhelpful response is to downplay the amount that you have had to drink while, at the same time, indicating that you had anything to drink, no matter how insignificant the amount may seem to you. Admitting that you have been drinking, even an answer of “I only had one,” can and will be used against you in countless ways. For starters, it will give the police a reason to have you perform a roadside sobriety exercise and/or to arrest you for anything that they claim is an indication of intoxication. Also, this admission of guilt that you intended to act as a defense will also come back to haunt you in court.
Call our office today to schedule a free, obligation-free consultation with one of our DUI attorneys!