A Defense Firm with 150 + Years Combined DUI Law Experience
Melbourne DUI attorneys at Musca Law want people to know that convictions relating to driving under the influence offenses in Florida carry several penalties. Some of the penalties associated with a DUI conviction can include jail time and fines and collateral consequences that a criminal conviction can have on an individual’s life. Accordingly, if someone is facing DUI charges in the Melbourne, Florida area, they should consider consulting with an experienced Melbourne DUI Defense.
Our experienced Melbourne DUI defense lawyers have a lot of experience dealing with the law and we have determined that Florida Statutes Section 316.193 provides the elements of and penalties associated with driving under the influence offenses in Melbourne Florida. Pursuant to the law, an individual can be charged with a DUI offense based on a number of different factors and circumstances. When the prosecution decides whether a person should be charged with DUI, some of the factors taken into consideration include:
How high was the blood alcohol concentration (BAC)? Was it .08 percent or more?
Was the BAC .15 or higher?
Was the individual driving or in physical control of a vehicle when they allegedly committed the offense?
Were they impaired to any degree by alcohol, drugs, or a combination of the two?
Did they seriously injure or kill anyone?
Did they cause any property damage?
Have they been convicted of DUI previously?
DUI Defense Lawyers in Melbourne FL
This is not an exhaustive list of factors used to determine DUI charges in Melbourne, and sometimes there are certain situations that may warrant felony DUI charges. If a person has been arrested and charged with DUI in the Melbourne area they can contact our firm today to discuss their options.
DUI Defense Attorneys in Melbourne, Florida Discuss DUI Penalties in Florida
Some of the penalties associated with a DUI conviction in Melbourne can include jail time, fines, and the administrative suspension of an individual’s driver’s license, but there are also adverse collateral consequences. For instance, a criminal record can affect an individual’s ability to obtain student financial aid, rent an apartment, own a firearm, and even affect a person’s ability to obtain or keep a job. Other consequences of a DUI conviction in Melbourne Florida can include:
Community Service Hours
A Period of Time on Probation
Installation of an Ignition Interlock Device
Ten Day Vehicle Impoundment
Completion of a Substance Abuse Course
If someone is arrested and charged with a second DUI offense within five years of their first offense, they can face harsher penalties that can include a minimum jail sentence of ten days. If there are certain aggravating factors present, they can be subject to even more severe penalties such as lengthy jail sentences, hefty fines, and suspension of their driving privileges.
Melbourne Florida Felony DUI Defense Attorneys
Driving under the influence offenses in Melbourne Florida are usually considered misdemeanor offenses. But under some circumstances, the offense might be considered a felony. Under Florida law, a person can be charged with a felony DUI offense if:
It is the third DUI in five years;
It is the fourth or subsequent DUI;
The person seriously injured or killed another person as a result of the DUI.
Most felony DUI offenses are considered third-degree felonies. However, under some circumstances, a DUI might be charged as a second or first-degree felony. If someone dies as a result of your DUI, an individual can be charged with second-degree DUI manslaughter where they can face up to fifteen years in jail. If someone leaves the scene of the accident after a person dies, they can be charged with a first-degree felony where penalties can include up to thirty years in jail.
BUI Defense Lawyers in Melbourne, Florida
In Melbourne Florida, it is also against the law to boat while under the influence or impaired by alcohol and/or drugs. Section 327.35 of the Florida Statutes provides the elements of and the penalties associated with boating under the influence (BUI) offenses. If an individual is convicted of a first-time BUI offense, they can face up to six months in jail. However, the penalties can be harsher depending on the facts and circumstances of the case.
No DUI Defense Case Review in Melbourne, Florida
Melbourne DUI and BUI defense attorneys at Musca Law want people to know that if they have been charged with a DUI or BUI offense in Melbourne or the surrounding area, they should consider consulting with an experienced Melbourne Drunk Driving Defense Attorney as soon as possible to protect and preserve their legal rights. Call our law office at 800.687.2252 to discuss any criminal matter.
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