DUI Attorney

In Florida, a person can be charged with a DUI if they are in actual physical control of a motor vehicle and driving to the extent those there normal faculties are impaired. Normal faculties include the driver's ability see clearly, judge distances, walk in a straight line, and to talk normally.

Another way a person can be charged with a DUI is by having a blood alcohol content, or BAC, of .08% or more of blood-alcohol or a .08% or more of breath-alcohol. However, if the BAC of the driver is .15% or higher, enhanced penalties may be applied such as ignition interlock devices, longer jail time, or larger fines. Probable cause is enough for an officer to pull a driver over and place him or her under arrest for a DUI. The implied consent law in Florida states that any driver being arrested for a DUI must submit to urine, blood, or breathe test. Refusing to take tests will result in an automatic license suspension and a possible raise in fines.

Penalties

DUI penalties for each offense can vary because of different factors such as the BRAC or BAC of the driver, the driver’s prior record, having a minor in the vehicle, or if the DUI co-occurred with other criminal offenses. In Florida, a first time minimum DUI charge is a misdemeanor, but under certain circumstances can become felonies. For instance, a first DUI offense can be tried as a felony offense if the driver caused an accident that lead to injuries to another person. A third DUI offense can become a third degree felony if you are charged within ten years of your last two DUI convictions.

Penalties for a first DUI offense include jail time of up to six months, but not exceeding one year, fines ranging from $500- $1,000, an order to participate in community or public service for up to 50 hours, and a suspended license.

Penalties for a second DUI offense may include a maximum of nine months in jail. Fines ranging from $1,000-$2,000, an ignition interlock device, vehicle impoundment.

Penalties for a third DUI offense include jail time for up to one year, fines ranging from $1,000-$5,000, an ignition interlock device needed for no less than two years, vehicle impoundment for ninety days in which all costs must be covered by owner of vehicle, and a permanent license suspension or restriction if qualified.

Penalties for anyone who is arrested for a DUI and has a BAC of .15% or higher and had a minor in the car at the time of the arrest includes up to nine months in jail for first offense or a year in jail for second offense, fines ranging from $1,000-$2,000 for first offense, $2,000- $4,000 for second offense, and no less than $4,000 for third or subsequent offense. An ignition interlock device will also be required in vehicle.

The charge of DUI manslaughter carries with it a mandatory minimum of four years in prison.

Facing the charge of DUI is a nerve-racking experience. Hiring a well-qualified DUI Attorney to handle your case makes the difference in the end result.

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I could not be more satisfied and grateful for Mr. Pallegar and his team!! I found myself in some trouble when visiting Florida on vacation. When I got back home up north I started looking for local lawyers in the area and after reading recommendations and reviews, Mr. Pallegar was the clear choice. I did not have to appear in court a single time and Mr. Pallegar treated me as if I was his only client always keeping me in the loop and explaining every step of the process. Living 800+ miles away from where I got in trouble, and having someone put that much dedication and effort into my case is more than I could have asked. I will be sure to recommend anyone I know that needs help to seek out Mr. Pallegar and if you are looking for an honest, intelligent, personal, and professional representative, Mr. Pallegar is your answer. Aaron
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Pallegar Law, always put my family first, their team always explained things in full detail, and got the very best results possible. They genuinely care. Our family will forever be grateful. Thank you. Dennis
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He took me on and from the word go communicated everything in a timely and professional fashion about how everything is going to be played it; and then delivered word for word. The best part about them apart from their professionalism and efficiency would have to be their honesty which lets you entrust them, which in today's day and age is a rare virtue. Hemant
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