Local law enforcement takes driving under the influence (DUI) offenses seriously in an ongoing effort to keep roads safe. They are also motivated to ticket you because revenue from DUI fines and court costs benefits these agencies. If you are stopped, you could protect your rights by calling an experienced criminal defense attorney from the Law Offices of Jason K.S. Porter, P.A., for strategic and uncompromising help.
As an adult driving a private vehicle, you can drink and drive if your blood alcohol content (BAC) is below 0.08. Field sobriety tests are not completely reliable, and much depends on the circumstances surrounding your incident. Call a St. Augustine DUI lawyer for a complimentary consultation and learn about the strategies we could apply to your case.
What Influences DUI Penalties?
According to Florida Statutes § 316.193, law enforcement considers several factors when determining penalties for a DUI conviction, the charge applicable when someone impaired by drugs or alcohol is in control of a vehicle. Circumstances that can exacerbate penalties include:
- Causing property damage
- Driving with a child passenger while under the influence
- Having a BAC above 0.15
- Causing injuries to others
- Causing the death of another person
Under its zero-tolerance law, Fla. Stat. § 322.2616, the state penalizes people younger than 21 with a BAC of at least 0.02 and treats minors with a BAC of 0.08 or higher like adults. The arresting officer can also initiate a six-month license suspension for minors committing a first DUI offense. A St. Augustine attorney knowledgeable about drunk driving charges could assess your case and determine how best to proceed to avoid the harshest penalties.
Penalties for DUI
When determining penalties, it matters whether the DUI arrest is your first. If warranted, we could work with prosecutors to negotiate a plea bargain for a reckless driving charge, potentially allowing you to avoid jail time. We could also negotiate for the withholding of adjudication for reckless driving, which is an opportunity for you to seal a criminal record sooner than the mandatory seven years after being convicted of DUI.
Courts consider a first-time DUI offense a third-degree felony if the driver seriously injures someone. Generally, a first offense may result in imprisonment for between six and nine months, depending on the aggravating circumstances, with fines typically ranging from $500 to $2,000. You could be eligible for probation, and the combined time spent on jail and probation will not exceed 12 months. The court may suspend your license for up to 12 months, order you to perform community service, and require you to attend DUI school. An ignition interlock device is mandatory if your BAC meets or exceeds 0.15.
Penalties for subsequent DUIs are proportionately harsher. Our lawyers offer dedicated legal representation for individuals facing intoxicated driving charges and could guide you through the complexities of the St. Augustine court system.
Call an Attorney for Help Defending Against DUI Charges in St. Augustine
Our attorneys work within the court system to mitigate your DUI charges; however, if a prosecutor is unwilling to negotiate, we may present your case to a jury. Remember, the prosecutor must prove beyond a reasonable doubt that you are guilty of DUI, and an accusation is different from a conviction. Field sobriety tests are notoriously inaccurate, and prescribed medications or allergic reactions can sometimes cause symptoms that mimic intoxication.
Law enforcement could violate your constitutional rights and search your car or person without probable cause. While your situation may seem bleak, having a clear path forward could restore your confidence in achieving a favorable outcome.
Let a St. Augustine DUI lawyer from the Law Offices of Jason K.S. Porter, P.A., deal with your charges so you can move on with your life. Problems? Pick Porter!™