Gainesville DUI Attorney
Call Our DUI Attorney in Gainesville for a Free Consultation
Florida prosecutors do not take drunk driving, driving under the influence (DUI) of drugs or alcohol, or driving while intoxicated (DWI) cases lightly. In fact, even first-time offenders with no criminal history or prior arrests can be subject to harsh criminal penalties and civic consequences, which can range from mandatory jail time to a suspended driver’s license.
Why work with our Gainesville DUI lawyer? Consider the following:
- Proven Results: We do not just settle for easy plea bargains. We have a proven record of victories, ranging from sentencing alternatives to dismissals. In fact, we were able to secure an acquittal for a client facing a 4th DUI charge!
- Thorough Investigation: We challenge breathalyzer results or police reports, research applicable law, prepare you for any cross-examination, and secure any witnesses that can help strengthen your claim. We leave no stone unturned.
- Non-Judgmental Advocacy: It is not our job to judge you. It is our job to help you move forward with your life. We work hard to meet your needs and offer completely compassionate counsel when you really need it most.
DUI arrest? Save your license! Without immediate action after a DUI arrest, you could be facing immediate license suspension. Call our Gainesville DUI attorney at (352) 356-4999 today and request a consultation to get started on your defense strategy.
Is DUI a Felony in Florida?
A DUI (Driving Under the Influence) can be classified as a felony in Florida under the following circumstances:
- Third DUI within ten years: If a driver is charged with a third DUI within ten years, they can be charged with a third-degree felony, which carries a minimum prison sentence of 30 days and a maximum of five years.
- Fourth DUI: If a driver is charged with a fourth DUI offense, regardless of when the prior offenses occurred, they can be charged with a third-degree felony.
- DUI with serious bodily injury: If a driver causes serious bodily injury to another person while driving under the influence, they can be charged with a third-degree felony. This charge can carry a prison sentence of up to five years.
- DUI manslaughter: If a driver causes the death of another person while driving under the influence, they can be charged with DUI manslaughter, a second-degree felony. This charge can carry a prison sentence of up to 15 years.
- DUI with prior felony conviction: If a driver has a previous felony conviction and is charged with a DUI, the offense can be enhanced to a third-degree felony.
If you're facing a DUI charge in Florida, it's crucial to consult with an experienced DUI defense attorney who can help protect your rights and defend your case.
What Determines You DUI Penalties?
The severity of your potential sentence can vary based on a number of factors such as the number of prior DUI convictions, the level of your BAC, whether there was property damage or bodily harm caused, and if there is a presence of a minor.
Ignition Interlock Device (IID)
If you have been charged with a DUI, you may be required to install an ignition interlock device (IID) into your vehicle. This mechanism requires that there is no trace of alcohol on your breath before starting your vehicle to drive. Depending on how many convictions you have already had for DUI, you may be required to keep the IID installed for various periods of time.
If you have been charged with DUI for the first time and your blood alcohol concentration (BAC) percentage is above 0.15, you will have to install the IID for a minimum of 6 months. If you have been charged with DUI for the second time, you will be required to have it installed for a year and if it is your third offense or more, you will need to use the IID for 2 or more years.
Implied Consent Laws in Florida
Florida’s implied consent law states that, by simply driving a vehicle in the state of Florida, you consent to chemical or physical testing for DUI, such as:
- Breath Test
- Blood Test
- Urine Test
Because of this “implied consent,” refusing to submit chemical or physical testing when requested by a police officer may be submitted as evidence in court if you are arrested for and charged with driving under the influence.
Speak with a DUI Attorney in Gainesville, FL Today!
No matter how complex you think your case may seem, our Gainesville criminal defense lawyers are prepared to fight for your rights. We can develop a defense strategy that can help reduce your charges, or in some cases, eliminate the charges against you completely. It is our primary goal to help you walk away from a courtroom with a clean slate and a bright future ahead.