If you are charged with a second DUI, driving under the influence of drugs or alcohol: do not panic, be courteous, and remember, you have the right to remain silent and consult an attorney. Although Florida cracks down on drunk driving for the safety of all, you should know that if you are fined more than $1,000, the excess is remanded to the state for its General Revenue Fund.
This zeal for additional operating funds means law enforcement officers can aggressively seek you out with little or no provocation, You can be pulled over for suspicion of DUI even if you are below the legal limit of 0.08 blood alcohol content (BAC). And you only need to be in control of your vehicle, for instance, sitting in a Publix parking lot with the keys in the ignition, to be charged with DUI. Do not let the system win after a second-offense DUI in Clermont. Let a tenacious criminal defense lawyer win for you.
Florida Statutes § 316.193 is the state’s DUI law. The penalties vary dramatically depending on your previous record, whether there is property or bodily damage to someone because a motorist was legally drunk, and whether your BAC exceeds 0.15.
If your first DUI occurred less than five years before the second one, you will be ordered to spend a minimum of 10 days in jail, up to nine months with no aggravating circumstances. The courts can plan for a 10-day sentence to fall on weekends so you can still go to work during the week.
However, your driver’s license will be revoked and your car impounded, usually for 30 days, although the judge can dismiss both, depending on your circumstances. The fine for a second-time DUI in Clermont is at least $1,000 and no more than $2,000, plus you will also be subject to probation, and a mandatory one-year placement of an ignition interlock device that prevents you from starting your vehicle if you have been drinking after you qualify for a restricted or permanent driver’s license. You pay all costs for the interlock device that will be placed on all vehicles you own or lease, even if it is jointly with a spouse.
Because many of the penalties are ordered at the judge’s discretion, an attorney in Clermont could negotiate for second-offense charges to be reduced to reckless driving or mount a defense to exonerate you.
The penalties for DUI are onerous even if nobody is hurt and no property damage is done. They get worse, escalating to a first-degree misdemeanor with property damage, a third-degree felony for serious bodily injury, and DUI manslaughter if a human or unborn child is killed by an impaired driver. The manslaughter charge is a second-degree felony, but it is a first-degree felony if you know a crash has occurred and you fail to render aid or cooperate by supplying your information to responding officers. The minimum sentence for a DUI manslaughter conviction is prison for four years.
If your chemical test scores a BAC of more than 0.15 or if you are driving with at least an 0.08 BAC but have a minor as a passenger, you can also be slapped with a fine of between $2,000 and $4,000 and a stint in Lake County jail for up to a year for a second conviction. The team at The Umansky Law Firm understands how the local prosecution can punish you after a second-time DUI in Clermont. We have successfully defended hundreds of DUI cases, and we want to win a successful resolution for you.
Florida’s DUI laws are tough and not always fair. People process alcohol differently and one person could be drunk with a single drink, while another could be sharp after several. However, the state sets the limit at 0.08 BAC and if you exceed it, law enforcement will arrest you and impound your vehicle.
Our criminal defense attorneys challenge unreliable field tests and look for ways to get your charges dropped or reduced to reckless driving. If your constitutional rights are violated during an arrest, any evidence is inadmissible. You may be on medication, or your blood sugar is low, making you act drunk. After a second-offense DUI in Clermont, your first call should be to the Umansky Law Firm.
The Umansky Law Firm Criminal Defense & Injury Attorneys
