To say that William Moore Criminal Defense has experience in Defending DUI would be an understatement.
The amount of DUI defense work that our attorneys have done in Broward County and Broward is staggering. From involvement with mass-defendant motions to suppress that effected all of South Florida’s DUI cases to the few hundred DUI trials between just two of our lawyers, we know how to defend driving under the influence cases. The lawyers of William Moore Criminal Defense even take it a step further by actively injecting ourselves into the DMV administrative process to both preserve your right to drive but also to engage in a type of discovery investigation that is not immediately permissible in the accompanying court case.
Fort Lauderdale Drunk Driving Attorney
Although one of the most common offenses in Florida, many Criminal Attorneys in Broward County and Broward consider the offense of DUI to involve such a variety of complex issues that it is often labeled one of the most cases to defend.
Driving or operating a vehicle under the influence of alcohol or any other intoxicant is considered a crime under every state law in the United States. Some states may term the offense as driving while intoxicated (DWI), while others may use terms such as driving under the influence (DUI), or operating under the influence (OUI). But in all states the basics of DUI laws remain largely similar according to our Criminal Attorneys in Broward.
Florida DUI Penalties for Convictions
The DUI attorneys at The William Moore Law Firm has years of experience in representing individuals arrested for driving under the influence in Fort Lauderdale. Charges for a DUI are considered Criminal Charges under the Florida Law. It is important to know your rights and seek out legal representation if arrested for this offense. Contact the DUI Attorneys at William Moore Criminal Defense for answers to any questions that you may have.
Weston, Florida DUI Lawyers
It is illegal for an individual to operate a car, motorcycle, truck, or a commercial vehicle in the following conditions:
- The ability of the motorist to operate the vehicle safely has been impaired by the effects of intoxicants such as alcohol, banned drugs, prescribed medications, or even medications available over-the-counter such as antihistamines; or
- The driver is operating an automobile at a level that surpasses the established standards of DUI, such as blood alcohol concentration (BAC) level.
The court may impose criminal penalties on a defendant convicted of a DUI offense. Such penalties may include jail time, probation, fines, and community service. First-time offenders may receive certain minimum penalties in some of the states, and the quantum of penalties grows with each DUI offense thereafter. The severity of criminal penalties for a DUI offense is usually determined on the basis of the circumstances surrounding the offense.
Some of the key factors that will determine the scale of penalties include the following:
- Previous track record of DUI violations of the motorist.
- The type of vehicle that the motorist was operating at the time of the offense – whether commercial or private.
- The presence of co-passengers, particularly children in the vehicle at the time of the DUI violation.
- Combination of the DUI violation with another risky traffic violation such as over-speeding or reckless driving.
- The DUI violation leading to an accident involving property damage.
- The DUI violation leading to an accident involving personal injuries or death.
- Legal drinking age of the driver at the time of the DUI offense.
DUI lawyers in Fort Lauderdale can be approached by a defendant for the protection of his or her rights under the ratified DUI laws.
Penalties Affecting Driving Privileges
Apart from potential criminal penalties, an arrest or a conviction in a DUI case will most likely have an immediate adverse impact on the defendant’s driving privileges. Under almost all the state laws, the motor vehicle department is permitted to suspend the driver’s license immediately, if the driver is found operating an automobile with a BAC level exceeding the state limit for intoxication. The same consequences may occur if the driver refuses to submit to a BAC test. This does not matter if your job depends on you to have a driver’s license or not; they make this decision regardless and yes, your life could then be shattered.
In some cases, the driver’s vehicle that was involved in the DUI violation may also be impounded or confiscated, with the likelihood of substantial administrative costs imposed on the driver. The loss of driving privileges is usually immediate, and the law does not require the motor vehicle department to wait for a DUI conviction. However, a majority of states may allow the driver to obtain a temporary license pending conviction, depending on the circumstances of the case. The defendants in such cases are urged to speak with a DUI attorney in Fort Lauderdale to protect and administer their legal rights.
If you have been arrested for driving under the influence in Broward County contact our DUI Attorneys at The William Moore Law Firm. We are available to answer any question you may have.
DUI Defense Lawyers: Driving Under the Influence
Arguably these two terms mean the same thing, however, in Florida, only the acronym DUI is used claims Fort Lauderdale DUI Defense Lawyer William Moore. Impaired driving is a serious crime in Florida, and the law is enforced aggressively by police. Florida statute 316.193 defines DUI to mean driving under the influence of alcoholic beverages, controlled substances, or chemical substances, which impairs normal faculties, or causes the alcohol level in the blood or breath to be 0.08% or more. DUI defense attorneys consistently challenge not only the validity of results of Breath Test Machines but also the constitutionality.
This implies that when a blood sample is taken, 0.08% of the sample would be alcohol. The level of alcohol in the blood is determined by the police officer, by conducting a breathalyzer test at the scene. If the concentration of alcohol is over the legal limit, the officer will arrest the driver. For people under the age of 21, the legal limit for alcohol level in the blood is 0.02%, whereas for commercial drivers it is 0.04%.
The severity of a DUI offense will be considered based on the alcohol level, the age of the driver, and whether the driver has been convicted before for DUI. For an adult person, who is facing a first time DUI conviction the penalty will be up to six months jail time, and fine of minimum $500 to maximum $1,000, if the BAC (Blood Alcohol Level) is from 0.08% to less than 0.15%. When the BAC is above 0.15%, or there is a minor in the vehicle, then jail term is maximum nine months and a fine of minimum $1,000 to maximum of $2,000.
The jail term may be served in a drug abuse or alcoholism residential treatment program at the discretion of the court. Additionally, the license of the convicted person can be suspended for 180 days to a year. For first conviction, there is also mandatory community service of 50 hours or $50 additional fine for every hour of required community service. If there is a probation sentence, the incarceration and probation cannot exceed one year.
If the person is convicted second time for DUI then the prison term is for a maximum of 9 months and minimum fine is $1,000 to a maximum of $2,000. If BAL is 0.15 or higher on second conviction then maximum jail sentence is for a year, and fine is minimum $2,000 and maximum of $4,000. If the second conviction happens within five years of the first one, then the mandatory minimum jail sentence is for 10 days.
When a person is facing a third conviction for DUI within 10 years from the last, then the minimum mandatory jail term is for 30 days, and minimum fine of $2,000 and maximum of $4,000. If the third conviction is after 10 years from the last, then the jail term cannot be more than a year. For fourth and subsequent DUI convictions, the maximum jail term is five years, and a minimum fine of $2,000.
DUI penalties are also increased to misdemeanor and felony offenses, when the person has caused damage to property and/or injured or killed someone while driving under the influence.
Implied Consent According to DUI Defense Lawyers
If you are arrested for DUI in Florida you are required to take a blood, urine, or breath test for determining the BAC or drugs. Under Florida law, you cannot refuse this test, as it is covered under implied consent when you sign your driving license. The officer can also ask the arrested person to take more than one test, which the person cannot refuse. Refusing to take the test or additional tests is an offense, punishable with immediate suspension of driving license, and the refusal will be taken as evidence of conscious guilt at the trial.
For more information about our Broward County Criminal Defense Lawyers call or email and learn how we can help you. For information about legal representation in Delray visit the Fort Lauderdale Criminal Lawyers of William Moore Criminal Defense.