New Port Richey’s DUI attorneys at Denmon Pearlman know that Florida law needs admissible proof of your BAC within a “reasonable time” after you were pulled over by Pasco County police.
Every day, someone gets charged with driving under the influence (DUI). Whether you get pulled over for having a tail light out or swerving between lanes, there is a process New Port Richey law enforcement officers must follow to check your coherence.
Unfortunately, so many tragedies occur due to intoxication behind the wheel. DUIs are an important focus for New Port Richey’s police department today. When they pull you over, you may be asked if you had anything to drink.
They may ask you to get out of your car to check your dexterity. Anyone who has ever been pulled over and asked to perform these tests know that the process can be stressful and embarrassing.
Whatever your situation may be, our criminal defense attorneys are here to help defend you against this charge.
Potential Legal Outcomes of a DUI
The punishment for a DUI can be extremely harsh in the state of Florida. In order to prevent car accidents resulting in injury or death, New Port Richey law enforcement has been cracking down on DUIs.
What is a DUI according to the state of Florida? The Florida Department of Highway Safety and Motor Vehicles says, “Under Florida law, DUI is one offense, proved by the impairment of normal faculties or unlawful blood alcohol or breath alcohol level of 0.08% or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.”
In order for your charge to become a conviction, the prosecution must prove to the court that your blood alcohol content (BAC) was over the legal limit of 0.08% when you were behind the wheel. The investigation process takes a long time, so there is often a delay from when you are questioned to when you are tested.
New Port Richey’s DUI attorneys at Denmon Pearlman know that Florida law needs admissible proof of your BAC within a “reasonable time” after you were pulled over by Pasco County police. What is considered reasonable? It’s determined on a case-by-case basis.
If this is your first offense, the charges come at a great cost. You will likely have a large fine and your license could be revoked for up to one year. You may be able to qualify for a hardship license, which can only be used for transportation to and from work, school, or church.
If this is your second offense, the punishment gets much worse. You could potentially lose your license for up to five years. You will need to take a DUI program, pay a larger fine, and an ignition interlock device will be placed on your vehicle. Your second offense often comes with a minimum amount of jail time.
Now that we’ve gone over a condensed version of DUI penalties, let’s talk about contesting your charge.
Disputing a DUI Charge
Depending on your situation, there are a variety of ways to dispute a DUI charge. Some cases are easier to navigate than others, but rest assured our New Port Richey DUI attorneys are on the case.
A provision known as the “wet reckless” may help you bargain for a lesser punishment. One of the few states that offer a clause for reckless driving involving drugs or alcohol, this provision may be used in specific criminal cases. It may or may not be applicable to your situation, but be sure to ask one of our criminal defense attorneys to be sure.
There are several different types of DUIs, so the best way to approach your charge will depend on a few factors. What was your BAC at the time of the incident? How long did the Pasco County police officer take to breathalyze you? Were you put in a position where you felt you needed to drive? Were you in an accident?
Denman Pearlman’s criminal defense attorneys will need to ask you a variety of intricate questions to determine the best way to build your defense. What kind of DUI charges do we work with?
First Time DUI
DUI With Serious Bodily Injury
DUI Under 21
DUI With Property Damage
Boating Under the Influence (BUI)
Commercial Vehicle DUI
Unfortunately, minors (or those under legal drinking age) have a BAC allowance much lower than their adult counterparts. If you are under 21, your BAC must be 0.02% or less. A first time offender usually gets a suspended license for up to six months. In addition, the higher your BAC as a minor, the harsher the punishment. If you had a 0.05% BAC or higher, you’ll be automatically enrolled in a substance abuse program before getting your license back.
The biggest concern you’re faced with is jail time. In any DUI case, there is the possibility of a sentence. Pasco County law enforcement takes these crimes very seriously. Depending on the number of DUI charges you have on your record, the intensity of your BAC, and if anyone was injured during the incident, your sentence is calculated on a case-by-case basis.
Experienced Attorneys on Your Side
New Port Richey DUI attorneys at Denmon Pearlman have taken on thousands of cases successfully. Our criminal defense attorneys are known for their aggressive methods in the courtroom, which is exactly what you need when facing a criminal charge.
Our DUI lawyers will fight to lessen your punishment. We will make attempts to dismiss charges and block out unnecessary evidence such as video, BAC levels, and more. We will only go to trial if absolutely necessary.
Three of our lawyers have been named in the Top 100 Trial Lawyers for Criminal Defense in the state of Florida. Two more have been recognized in the Top 40 Under 40 list by the National Trial Lawyers Association.
Denmon Pearlman’s New Port Richey DUI attorneys know how to earn reduced or dismissed charges in the courtroom. Let us help you get safely back on the road.