DeLand DUI Lawyer
Defending Against DUI Charges in Volusia County
A motorist can get a DUI for driving a vehicle while under the influence. Their blood alcohol concentration (BAC) must be .08% or more. If you have been arrested for DUI/DWI in Florida, there is a lot on the line. If your license was revoked, you only have 10 days from the date of the arrest to request a formal administrative review hearing. Act now by contacting Williams Legal today! In addition to having your driver's license revoked, you could also face heavy fines, mandatory community service, and time-consuming traffic school.
At Williams Legal, DeLand DUI attorney, Douglas Williams, helps drivers retain their licenses and fight unreasonable sentences. If your ability to drive has been threatened, get the defense you need now.
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Understanding the DUI Arrest Process in Florida
After being arrested for a DUI, you will need to go to court for an arraignment, trial, and sentencing. If there were no injuries, first-time offenses will most often be classified as misdemeanors.
However, if there was a serious injury or death that results from the DUI, you could be facing felony criminal charges and end up in state prison for over a year.
What are the Penalties for a DUI in Florida?
The penalties in Florida are set by statute and depend on how many times the motorist has been convicted in the past with DUI as well as the circumstances of the incident. Situations that result in serious injury to other drivers demand at least three years' suspension from the road.
Below are the penalties for DUI in Florida:
1ST OFFENSE:
- Jail: 6 months
- Fines: $500 - $1,000
- License Revocation: 180 days to 1 year
- If your BAC was 0.15% or more, you may get an Ignition Interlock Device (IID) for 6 months.
2ND OFFENSE:
- Jail: Up to 9 months
- Fines: $1,000 to $2,000
- License Revocation: 180 days to 1 year
- IID: 2 years
3RD OFFENSE:
- Jail: Up to 1 year
- Fines: $2,000 to $5,000
- License Revocation: 180 days to 1 year
- IID: 2 years
Florida Implied Consent Law
Implied content means that if you are driving a vehicle, it implies that you have consented to take breath, blood, or urine tests to determine your drug or alcohol content. According to Florida Statute § 316.1932, refusing the breath test is not illegal, but will result in administrative penalties, including a 12-month driver's license suspension. If you refused for the first time, you will be eligible to obtain a hardship license after 90 days.
Contact us online or call (386) 277-1166 to arrange a consultation with a DeLand DUI lawyer if you were arrested for this type of traffic violation.
Boating Under the Influence
Laws for inebriated boaters are just as strict as DUIs that occur on the land. Many boating accidents that occur as a result of boating under the influence incur serious fines and even months of imprisonment. A boating accident that causes serious injury or significant property damage is a felony.
Defenses Against DUI Charges
Just because you blew above the legal limit (.08), it does not mean the state has an open and shut case against you. In Florida, one of the common DUI defenses is that there are well-documented problems with the Intoxilyzer 8000 breath test machine. These machines must be properly used, maintained, and calibrated for breath test results to hold up in court. We can seize upon weaknesses in breath test evidence to help our clients avoid DUI convictions.
As is true in any case that involves you being arrested, you need to ask yourself some basic questions about the circumstances of your arrest, including:
- Was your arrest based on reasonable grounds?
- Did you refuse or fail the Breathalyzer test?
- Were you made aware of the consequences if you failed or refused the test?
Impact of a DUI on Your Auto Insurance in Florida
A DUI will cause your car insurance to increase for at least three years. There is a Florida statute in place that requires those who have been convicted of DUI to carry a specified minimum insurance coverage for three years after the conviction.
If you face drunk driving charges in Florida, our experienced DeLand DUI attorney is here to stand up for your rights. Contact us at (386) 277-1166 to arrange a confidential consultation.