DUI in Sarasota, FL
Driving Under the Influence (DUI) is a serious charge in the state of Florida. When you are arrested, you will be taken to jail and your license will be immediately suspended. If you are convicted of DUI, the penalties are severe and extensive, including fines, community service, probation, DUI school, car impoundment, and the installation of an ignition interlock device. If you are arrested for DUI, make sure you hire an aggressive and experienced Sarasota DUI attorney at Pallegar Law, P.A. who will fight the charges against you.Implied Consent
In Florida, like most states, driving a motor vehicle is considered a privilege and not a right. Therefore, this privilege can be revoked at any time by the DHSMV. When you obtain a Florida driver’s license, you consent to provide breath, and urine tests Furthermore, if you have been involved in an accident or arrested for DUI involving serious bodily injury you will be forced to provide blood even if you remove. If you refuse to submit to a breath test after a DUI arrest, your license will be automatically suspended for a period of one year. You may, however, qualify for hardship license immediately. To determine whether you can avoid the hard suspension period and qualify for a hardship license after a DUI arrest we recommend that you contact an experienced Sarasota DUI Attorney. My general rule as a Sarasota DUI Lawyer is if you have had several drinks (lets say more than one) and you feel the affects of the alcohol, it is probably in your best interests not to blow. Keep in mind that If your BAC or BRAC is higher than .15, you may be subject to enhanced DUI penalties.
You can still be arrested for DUI if your BAC is under the legal limit. If your ability to drive is sufficiently impaired you can be arrested for DUI—even if you only had one drink. Some kinds of drugs and prescription medicines can interact negatively with alcohol, enhancing the effect on your body.Drug DUI and Synergistic Effect
The synergistic effect occurs when you combine alcohol with another substance, such as an illegal drug or a prescribed medication. Prescribed medications that enhance the effects of alcohol will have a clear label warning not to mix with alcoholic drinks. Mixing any kind of drug with alcohol can enhance your impairment and lead to impairment way quicker. For example, one glass of wine in combination with narcotics can make it feel like you have had five glasses.Defenses to DUI
When you consult an experienced Sarasota DUI attorney at Pallegar Law, P.A., we complete a comprehensive case evaluation and discuss all options available for resolution. There are many strategies we use to formulate a DUI defense and we know where to look. Some examples are weaving can be explained by a number of different issues unrelated to alcohol or drugs. Mechanical problems, road rage, texting while driving, or inclement weather can all lead to erratic driving or swerving. When a cop claims you failed the field sobriety tests we maybe able to explain your performance resulted in you being nervous, health issues, maybe you were wearing heels, or suffering from a physical injury or disability that interferes with your ability to perform these tests.
Physical appearance can also be explained away. Law enforcement officers typically look for blood shot and watery eyes, slurred speech and an odor of alcohol as an indication of alcohol impairment. However, your eyes could be bloodshot due to a being up all night, a newborn child, or contact lens issues. Likewise, the smell of alcohol on your breath does not necessarily mean you are under the influence. If you have been around people who have been drinking maybe someone spilt a drink on you causing your clothes to smell. After all this happens frequently at many overcrowded bars. These are some but not all defenses that can be utilized by your skilled Sarasota DUI lawyer at Pallegar Law, P.A. to fight the charges against you.DUI Penalties
When you are arrested for DUI, your license will automatically be suspended. If you refuse to submit to a breath test, your license will be suspended for one year if it is your first refusal. However, you have a period of 10 days to contest this license suspension. You can also apply for a hardship or BPO license, which will allow you to drive to limited locations such as work, school, and the doctor.
DUI’s are generally classified as misdemeanors, unless you have a prior DUI record or were involved in an accident with serious bodily injury. A first offense DUI conviction may result in a maximum penalty of 180 days in jail (very unlikely), one year of probation, DUI school, community service, and the impoundment of your car. Although we have never seen anyone go to jail for a first misdemeanor offense. If a minor was in the car at the time of arrest, or if you blew over .15, you will be subject to enhanced DUI penalties. These include: ignition interlock device installed in your car, steep fines, and more jail time.
DUI’s are classified as felonies in certain cases, like if the DUI arrest was a result of an accident that resulted in serious injury or death. DUI’s are also charged as felonies for repeat offenders, for those who have three DUI convictions within 10 years or four or more DUI convictions overall. Felony DUI convictions can result in up to 15 years in prison and fines of up to $10,000. If you have been arrested for DUI, it’s important that you seek out a knowledgeable Sarasota DUI attorney who can help you avoid harsh penalties and jail time.Consequences of a DUI Conviction
Beyond criminal penalties and driver’s license implications, a DUI conviction will also affect your insurance. When registering a new vehicle in Florida, you will need to provide proof that you meet the minimum insurance requirements. The minimum is $10,000 personal injury protection and $10,000 property damage liability. After a DUI conviction, you will have to meet a higher standard of insurance requirements. In order to have your license reinstated, you will have to file a form called a FR-44 for a minimum of three years. The minimum requirements for a FR-44 are as follows: $100,000 bodily injury protection (per person), $300,000 per accident, and $50,000 in property damage coverage. The high requirements are in place to deter repeat offenders and those who have been convicted of DUI. Keep in mind when you request a FR-44 from your insurance provider, it will classify you as a “high risk” driver, and your premiums may increase as a result.Call Pallegar Law, P.A. Today
If you or someone you know has been arrested for DUI, contact a skilled Sarasota DUI attorney at Pallegar Law, P.A. today. Call 941-893-5816 for your free consultation.