Driving while intoxicated (DUI) is a serious charge with serious consequences. An honest mistake could land you facing significant fines or even behind bars. At Rossen Law Firm, we know that sometimes bad things happen to good people, and we are here to help you resolve your case so that you can move on with your life. Our expert Wellington DUI lawyers will fight tooth and nail to discredit the police evidence and preserve your driving privileges.
Do not wait to take legal action after being arrested for drunk driving. Our expert defense attorneys are ready to take your call and get started on your case.
Under Florida Statutes §316.493, an initial DUI offense is a second-degree misdemeanor. The maximum penalty is six months in jail or alcohol rehabilitation, a fine of up to $1,000, 50 hours of community service, and the vehicle can be impounded for up to 10 days unless it is the family’s only transportation. Driver’s license suspension for 180 days is mandatory, and suspension could last up to one year. Our expert DUI defense lawyers in Wellington can often reduce the first offense to an infraction with lesser penalties or get the charge thrown out.
A second offense within five years carries additional penalties, including a mandatory 10-day prison sentence and a five-year driver’s license suspension. A third offense requires 30 days in jail.
The law requires enhanced sentences if the driver’s blood alcohol concentration (BAC) exceeds .15 or a minor is present in the vehicle. Driving under the influence is a felony if the driver was involved in an accident that caused severe injury or death, or if someone receives their third DUI in ten years or their fourth lifetime DUI. Felony DUI convictions could lead to as many as five years imprisonment. Whether you are facing your first or your fourth DUI charge, the expert DUI attorneys at Rossen Law Firm are prepared to provide tenacious, personalized representation.
Many drivers get a blood alcohol concentration (BAC) reading of .08 or above on a breathalyzer and decide there is no point in pleading not guilty to a DUI charge. It is crucial to recognize that this is not an indefensible charge. An expert Wellington DUI attorney can thoroughly investigate police procedures leading up to the test and the test itself. Poor police procedures or mistakes can get the charges dismissed.
The police must have reasonable suspicion to make a traffic stop. Reasonable suspicion is a low bar, but the police must be able to point to a reason for the stop, such as an obscured license plate, broken taillight, speeding, or failure to signal a lane change. An improper traffic stop could taint all the rest of the police evidence and lead to the dismissal of charges.
Officers use the traffic stop to develop probable cause to test a driver for intoxication. They observe the driver’s movements and speech and try to smell alcohol on their breath. If they determine that the driver probably has been drinking, they could administer a field sobriety test. Police must have probable cause to administer a chemical test.
Police are supposed to administer two breathalyzer tests and compare the results to ensure consistency. The police do not preserve breathalyzer results, so they also must allow the driver to provide a blood or urine sample that they will preserve, and that the defense could use to challenge the breathalyzer results. If the police failed to respect the suspect’s rights, a skillful Wellington DUI attorney could get the test results thrown out.
Florida imposes specific training requirements on breathalyzer operators. The state also regulates the maintenance and calibration of breathalyzer machines. A lawyer will check to ensure the administering officer received proper training and the machine was maintained properly. If not, it could be possible to suppress the test results.
Several factors could cause a breathalyzer to misread a person’s BAC. Some diseases, medications, and breath sprays could cause a breathalyzer to read higher than the subject’s actual BAC. Introducing evidence that one of these factors might have influenced the test result could throw doubt on the breathalyzer results.
A DUI arrest can be terrifying, but with expert attorneys handling your case, it does not have to be a nightmare. Prosecutors often will settle a drunk driving charge with a plea to a lesser offense when they know an aggressive lawyer will challenge every aspect of their case.
Our Wellington DUI lawyers at Rossen Law Firm are ready to help you beat your charge. We have many years of experience handling these cases and are dedicated to helping you win. Get in touch with our office to learn more about what we can do for you.
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