DUI Lawyers in Tavernier, Florida (FL)

Driving Under the Influence in Tavernier, Florida

If you or a loved one have been arrested and charged with Driving Under the Influence of drugs or alcohol in Tavernier, Florida, you or a loved one is facing significant fines, punishments, and penalties.  At Musca Law, we fight hard to beat your Florida DUI charge.  Our firm represents clients in all types of criminal cases throughout the State of Florida, and we have more than 30 locations to better serve you. 

Florida DUI Laws, Punishments, and Other Penalties

In the State of Florida, DUI charges range from low-level misdemeanors to first-degree felonies.  According to Florida Statute Section 316.193(1), a driver in Florida may face DUI criminal charges if the prosecution is successful in demonstrating the following criminal case elements:

• The driver facing DUI charges was operating a vehicle or was in actual control of of a vehicle; and
  • The driver had a breath-alcohol level of 0.08 grams or more of alcohol per 210 liters of breath; or
  • The driver had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
  • The driver was operating or in actual control of a motor vehicle while they were impaired by alcohol or another chemical substance, and was intoxicated such that their normal faculties were impaired.

The above elements must be proven for a driver to be convicted of DUI in Florida.  It is also crucial to understand that DUI charges could be enhanced and bring additional punishments and jail time.  For example, when the DUI causes the injury or death of another person, causes property damage, or is a repeat DUI offense..

Pursuant to Florida DUI law, the following punishments apply to DUI-related offenses:

DUI Charge	Classification	Maximum Jail Time	Maximum Fine
First DUI Offense with BAC of .08 or more	Unclassified Misdemeanor	6 Months	$1,000
First DUI Offense with Minor Under 18 in Vehicle	Unclassified Misdemeanor	9 months	$2,000
First DUI Offense for BAC of .15 or more	Unclassified Misdemeanor	9 months	$2,000
Second DUI Offense with BAC of .08 or higher	Unclassified Misdemeanor	9 Months	$2,000
Second DUI Offense with BAC of .15 or higher	Unclassified Misdemeanor	1 Year	$4,000
DUI Offense Involving Damage to Property	First-Degree Misdemeanor	1 Year	$1,000
Third DUI Offense More than 10 Years After Prior Offense	Unclassified Misdemeanor	1 Year	$5,000
Third Offense within 10 Years	Third-Degree Felony	5 Years	$5,000
Fourth or Subsequent DUI Offense	Third-Degree Felony	5 Years	$5,000
DUI Involving Serious 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 Involving Driver Who Failed to Render Aid	First-Degree Felony	30 Years	$10,000

 

According to Florida Statutes Chapter 316, Section 193(5), anyone convicted of a DUI-related offense under this specific Florida DUI law will be ordered to attend and successfully complete a substance abuse course.  Moreover, the offender will be required to undergo a psychological evaluation and will be required to participate in monthly reporting probation.  Anyone referred to a substance abuse treatment facility, must comply with all evaluations, treatments, and associated tests.

Police Officer Discretion in Tavernier DUI Stops

DUI arrests also involve illicit drugs.  When a driver’s “normal faculties are impaired,” the driver could be arrested and charged with DUI, even if the driver doesn’t appear to be over the limit.  An officer only need to suspect that a driver’s “normal faculties are impaired.”  However, under these circumstances, it is particularly important to challenge the DUI charge.

Another area in which DUI criminal charges should be contested is whether or not the accused was actually driving or in actual control of a motor vehicle.  Specifically, a law enforcement officer might conclude that the accused was in “actual control” of their motor vehicle, but another law enforcement officer would disagree such as in the case of an intoxicated driver sleeping in their vehicle.  Law enforcement officers are able to use their discretion to decide whether a person’s behaviors violated Florida DUI laws.  This discretion does not always result in accurate conclusions.  

When someone has been charged with a DUI in Florida, it is important that they protect their future by challenging DUI charges in Tavernier.  Anyone accused of DUI must consult with an experienced Tavernier DUI Defense Lawyer right away. 

Dismissal or Reduction of DUI-Related Criminal Charges in Tavernier, Florida

When a driver is charged with DUI in Tavernier, their main goal should be to fight to have their case dismissed or charges reduced.  Should the prosecution not satisfying all of the elements in a DUI criminal case, the accused will have legal grounds to pursue a dismissal of the criminal charges.  While public defenders are usually qualified attorneys, they generally lack the resources and time that large criminal defense law firms possess.  By retaining the services of a private Tavernier DUI Defense Attorney, the accused has a better chance of having their criminal charges dismissed.  

The Consequences of a DUI Conviction in Tavernier

Should a driver be convicted of a DUI criminal offense in Tavernier, they will face collateral consequences that exceed any criminal repercussions that offenders are subjected to.  These consequences may include, without limitation, the following:

• A criminal record that is viewable by the public;
• Social stigma;
• Trouble traveling to and from school or work;
• Difficulty in being gainfully employed;
• Difficulty in obtaining credit;
• Difficulty in getting accepted to a university of college;
• Difficulty in renting an apartment or home; 
• Difficulty entering other countries; and
• A tarnished reputation that may result in the loss of personal relationships and job.

While the above consequences of a DUI conviction might not affect all of those who have been convicted of DUI in Tavernier, having a criminal record will present challenges for people who have to undergo criminal background checks for employment purposes.  This why you need an experienced Tavernier Criminal Defense Attorney when facing the prosecution.

How to Building a Strong Defense When Charged With DUI in Tavernier

No experienced Florida DUI lawyer can accurately predict the outcome in any particular criminal case.  However, by adhering to these (8) eight steps, those who are facing DUI charges in Tavernier, Florida, can afford themselves a much greater chance of beating a DUI charge and avoid harsh consequences such as exorbitant monetary fines and jail time.

Step 1 – Exercise your legal right to remain silent and tell law enforcement officers that you want an attorney present. Remain calm and respectful towards law enforcement to avoid hurting your legal defense. 

Step 2 – Contact one of our experienced Tavernier DUI Defense Attorneys as quickly as you are able after your arrest.  It is very important that speak to an attorney right away and do not wait until the last minute to find an attorney.

Step 3 – Hire a Tavernier DUI Defense Attorney who focuses exclusively on DUI and Criminal Law.  Although there are many great attorneys in Tavernier, not all attorneys limit their practice to DUI and Criminal Defense. Only an attorney who represents people in DUI trials will be in the best position to render exceptional legal representation in a Tavernier DUI criminal case.

Step 4 – Be honest and upfront with your DUI Defense Attorney with respect the facts and circumstances in your case.  All conversations and statements made to your lawyer is strictly confidential.  Otherwise stated, your attorney cannot disclose to others what you discuss with him or her.  

Step 5 – Be present and on time to your court hearings and meetings.  A warrant for your arrest might be issued by the judge if you are late or fail to appear.  This can influence the outcome of your case.

Step 6 – Always follow the directions provided by your DUI Attorney. For example, if your attorney tells you not to drive before your DUI trial, listen to this advice.  

Step 7 – Once your attorney has reviewed the prosecution’s case against you, your attorney will determine of there are grounds to pursue a dismissal of your DUI case.  Your criminal history will be a crucial issue the prosecution will consider when deciding if your DUI charges should be reduced or dismissed.

Step 8 – Be confident that your DUI Defense Attorney will work hard to help you to avoid costly monetary penalties and jail time.  

Arrested for DUI in Florida? Choose Musca Law.

There is legal help available to ensure that your rights are effectively and aggressively defended so you can stay out of jail, keep your license, and avoid paying steep fines. If the charges against you aren’t dropped, it is possible that your charges may be reduced to help lower the potential financial, logistical, and psychological consequences you face.

At Musca Law, our Florida DUI lawyers have years of experience successfully handling criminal hearings and DUI formal administrative review hearings to help our clients keep their driving privileges and save their reputation. We are familiar with the common lapses that take place in arrest procedures, as well as breath and chemical testing errors that all too often take place. In fact, we are certified in Breathalyzer Operation and can pinpoint mistakes in that area to help defend your rights. Don’t hesitate to call our office to schedule a free, no-obligation, and confidential consultation with one of our experienced attorneys today.  Call Musca Law 24/7 at 1-888-484-5057!