Punta Gorda DUI Defense Lawyers
A conviction for driving under the influence (DUI) can create a major disruption in your life, impacting your work and home life, not to mention a significant expense in terms of fines, penalties, car insurance, license reinstatement fees, court costs, and more. As a boutique Punta Gorda criminal defense firm led by a highly credentialed team of former prosecutors with over 45 years of experience in criminal law, Foley & Wilson Law Firm is dedicated to providing the highest level of professional representation to people charged with DUI and other criminal offenses. Our commitment to treating each client with dignity and respect ensures that you receive personalized, skilled, and professional legal counsel. Give yourself the best opportunity for a favorable outcome. Contact our experienced Punta Gorda DUI defense lawyers today.
Elements of DUI Under Florida Statutes 361.193
In Florida, DUI offenses are governed by Florida Statutes 361.193. To secure a conviction for a DUI, the prosecution must prove certain elements beyond a reasonable doubt:
- Actual Physical Control: The defendant must have been driving or in actual physical control of a vehicle.
- Impairment or BAC: The defendant must have been under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties were impaired, or the defendant must have a blood alcohol concentration (BAC) of 0.08% or higher.
Potential Penalties for DUI Convictions
The penalties for DUI convictions in Florida can be severe and may include:
- First Offense:
- Fines between $500 and $1,000
- Up to six months in jail
- License suspension for 180 days to one year
- Probation up to one year
- 50 hours of community service
- Mandatory DUI school
- Second Offense:
- Fines between $1,000 and $2,000
- Up to nine months in jail
- License suspension for five years (if within five years of the first offense)
- Mandatory ignition interlock device
- Third Offense (within 10 years of the previous offense):
- Fines between $2,000 and $5,000
- Up to five years in prison (as a third-degree felony)
- License suspension for 10 years
- Mandatory DUI school and ignition interlock device
Defenses Against DUI Charges
A DUI charge is not a conviction, and several defenses may be available to challenge the charges against you:
- Unlawful Stop: Challenging the legality of the traffic stop can be a powerful defense. If the stop was conducted without reasonable suspicion or probable cause, any evidence obtained may be suppressed.
- Field Sobriety Test Errors: Field sobriety tests are subjective and can be improperly administered or interpreted. Questioning the validity of these tests can weaken the prosecution’s case.
- Breathalyzer Accuracy: Breathalyzer machines must be properly maintained and calibrated. Any inaccuracies or malfunctions can call into question the reliability of BAC results.
- Medical Conditions: Certain medical conditions can mimic signs of impairment. Demonstrating that a medical issue influenced the results of field sobriety or breath tests can be a viable defense.
- Chain of Custody Issues: Ensuring that blood or urine samples were properly handled and not contaminated is crucial. Any discrepancies in the chain of custody can lead to the exclusion of evidence.
Why Choose Foley & Wilson Law Firm?
At Foley & Wilson Law Firm, our extensive experience as former prosecutors equips us with a unique perspective on the criminal justice system. We leverage this knowledge to craft strategic defenses tailored to your specific case. Our professional and client-focused approach ensures that you receive the respect and attention you deserve during this challenging time.
Contact Us After a DUI Arrest in Punta Gorda
If you or a loved one is facing DUI charges in Punta Gorda, it is crucial to act swiftly. Contact Foley & Wilson Law Firm today to schedule a no-cost, confidential consultation. Our team is committed to delivering the highest level of legal representation to help you navigate the complexities of your case and achieve the best possible outcome.
