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Florida DWI / DUI Lawyer

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If you live in Florida, were vacationing or visiting in Florida, or if you were just traveling through Florida, and you were stopped on a DWI or DUI charge, you need to find an experienced Florida lawyer licensed to practice DWI or DUI law.

DWI (driving while intoxicated) and DUI (driving under the influence) charges have become so complicated that you need a lawyer experienced in DUI law in the State of Florida to help you win your case. You must file a challenge to your DUI within a specified period of time, usually 10 days, or you will automatically lose your driver's license without a public hearing.

DWI and DUI are serious crimes, punishable by several different methods. Even first-time offenders are unlikely to get off lightly. If you are convicted, you can expect to receive punishments including jail time, suspension or revocation of your driver's license, a significant monetary fine, and scheduled community service.

Under Florida law, a DUI is proven by a BAL (blood alcohol level) test of 0.08% or higher or by a breath test. The range of penalties are as follows:

Fines

First conviction - a fine of between $250 and $500. If the BAL level is 0.20 or above and/or if there is a minor in the car with you, the fine raises to between $500 and $1,000.
Second conviction - the fines double.

Community service

First conviction - mandatory 50 hours of community service or $10 per hour for each hour of community service required.

Probation

First conviction - probation and jail time may not exceed one year.

Imprisonment (The court can decide if the term of imprisonment may be served at a halfway house or treatment abuse center)

First conviction - Up to six months. If the BAL level was 0.20% or higher and/or there was a minor in the vehicle with you, then the sentence goes up to a possible nine months.
Second conviction - Up to nine months. With a BAL level of 0.20% or higher and/or a minor in the vehicle, the sentence goes up to a possible 12 months.

The first aspect of a DUI crime is that you are driving or operating a motor vehicle. In many states, driving or operating a motor vehicle does not even necessarily mean it has to be actually running. You can sometimes be charged with a DWI or DUI if you are just sitting behind the wheel of a motor vehicle and are found to have a BAL higher than 0.08.

A vehicle can be described as anything that carries people or goods. The term motor vehicle could apply to a car, a truck, or even a motorboat. Most laws in most states will look at whether the vehicle you were found in was operable or inoperable. An inoperable vehicle would be one that is incapable of moving.

Another aspect to take into consideration in a DUI case is the location of the offense. Many older laws stated that the offense had to take place on public property or a public highway. If the crime was committed on private property, then a DUI was an improper charge. However, as stated earlier, DWI and DUI laws continue to evolve. New laws have changed the definition to mean that the location of the offense only has to occur within the boundaries of the state.

If you have a pending DWI or DUI case in the state of Florida, you would be well-advised to seek and hire a Florida lawyer who is experienced and knowledgeable in the field of DUI specialty law.