Driving under the influence (DUI) is considered a serious offense in the State of Florida, and there are severe punishments set in place for those who are charged with DUI. However, the level of severity will often depend on the circumstances and facts of the case in question.
It is important to know that if this is your first arrest for DUI, then most likely you will be facing a misdemeanor charge – but only if there are no other factors involved, such as bodily injury or death of another individual. However, just because you are not facing the severe penalties that come with a felony charge, this does not mean that you should take it any less seriously. A DUI misdemeanor on your criminal record can have a serious impact on your personal and professional life, which includes increasing your insurance rates and affecting future job opportunities.
The prosecution will most likely have a substantial amount of evidence to use against you, which will ultimately impact the outcome of your criminal case. However, the good news is that you can hire the skills of a DUI defense lawyer who has a clear understanding of the law in the State of Florida to help you battle the charges.
The Law Place has over seventy-five years of collective experience and knowledge that we use to fight for the rights of every client in Clearwater and across the State of Florida. Our practice areas cover car accidents, personal injury claims, drug crimes, domestic violence, DUI charges, and many other fields. We have a highly trained team of criminal defense lawyers with the necessary knowledge and skills to build a strong defense strategy and help your Clearwater DUI case.
If you are looking for the top law firm in town to fight your DUI case, then you’ve come to the right place – The Law Place. Contact us today to schedule a free consultation where a DUI defense lawyer will explain the stages of a DUI, answer every single one of your questions, and offer you some free, unbiased advice on the smartest move to make in your current situation.
Don’t hesitate to reach out and call The Law Place today. A DUI defense attorney will be waiting to hear from you. Contact us now on (941) 444-4444 for a free consultation, and we will fight your DUI misdemeanor charges together in Clearwater, Florida.
Types of DUI Charges in Clearwater, FL.
There are many different categories of DUI in the State of Florida, but your charge will depend on a series of factors such as:
- If you have any prior DUI offenses.
- The level of your blood alcohol content (BAC) or breath.
- The time between your previous offenses (if any).
- Whether or not an individual was injured or killed because of your DUI.
- Whether or not any property damage occurred because of your DUI.
The State of Florida will be able to decide on an appropriate charge once these factors have been investigated for your case. The different categories for a DUI charge include:
- First time DUI – A first DUI charge means you have no prior DUI offenses, and there were no aggravating factors such as bodily injury, wrongful death, or property damage involved.
- Multiple DUI – A multiple DUI charge means that you have prior DUI convictions on your criminal record. Furthermore, you might be charged with a felony depending on how many priors you have.
- Felony DUI – A felony DUI can be charged based on if you have obtained three DUI charges within 10 years, or if this is your 4th DUI charge (regardless of the time elapsed between your previous offenses), or if there was an injury or wrongful death because of your DUI.
- DUI with serious bodily injury – A serious bodily injury DUI will be charged as a felony. This means that there was another individual who suffered injuries because of your DUI, and they now have permanent disfigurement/ disability, or they have a condition that creates a risk of death or takes a long time to heal, or there is an impairment of the function of a bodily organ.
- Aggravated DUI – An aggravated DUI means that there was a breath or blood alcohol content (BAC) level of .15% or above, or there were children in the car at the time of the arrest.
- Driving under the influence of drugs – Drug DUI means that you were not impaired by alcohol, but you were under the influence of illegal street drugs or prescribed medication.
- DUI with property damage – A property damage DUI means that you damaged another individual’s property while you were under the influence of alcohol or drugs.
- DUI manslaughter – A manslaughter DUI will be charged as a felony because another individual died because of your driving under the influence.
- Commercial vehicle DUI (CDL DUI) – A commercial vehicle driver is also subject to the law on DUI, and they are usually held to a higher standard compared to the average driver.
- Under the age of 21 DUI (zero tolerance) – If anyone below the age of 21 is found to be over the legal .02% limit, then they will face a DUI charge.
- Boating under the influence (BUI) – The law on DUI also applies to drinking and boating, and the legal limit is .08%.
It is immensely important for your case that you get in touch with a Clearwater DUI attorney to help you combat the charges regardless of the type of DUI that you are facing. Contact The Law Place today to schedule a free consultation, and we will be at your side every step of the way.
The Law on Misdemeanor DUI in Clearwater, Florida
An individual who is found to be guilty of driving under the influence must have been driving or in actual physical control of the vehicle while impaired by alcohol or any chemical substance as defined in Florida Statute 877.111, or any controlled substance as defined in Florida Statute 893.
Under Florida law, a DUI charge applies to both alcohol and drugs. An individual can be charged with a misdemeanor DUI, regardless of the substances that they were using. The only factor that matters is that their normal faculties were impaired by the use of a substance.
We’re here to serve you. Our phones are open 24 hours a day. Penalties for a DUI Charge in Clearwater, Florida
The kind of penalties that an individual can face for a DUI ultimately depends on the circumstances and facts of the offense. A skilled lawyer will be able to define your case to help you understand more clearly what kind of charges you might be facing. Here is a list of some of the key penalties for a Clearwater DUI:
First DUI Offense
- A fine between $500 and $1,000.
- Up to 6 months in prison.
- A driver’s license revocation for between 6 months to 1 year.
- The individual’s vehicle will be impounded or immobilized for up to 10 days.
- Up to 1 year of probation time.
- The individual will have to attend a DUI school and an alcohol treatment program.
- Up to 50 hours of community service.
Second DUI Offense
- A fine between $1,000 and $2,000.
- Up to 9 months in prison.
- The individual will face a driver’s license revocation for between 6 months to 1 year.
- The individual’s vehicle will be impounded or immobilized for up to 30 days.
- Up to 1 year of probation time.
- The individual will have to attend a DUI school and an alcohol treatment program.
- Up to 50 hours of community service.
If the second offense was committed within 5 years to the prior conviction, then the individual will be subject to mandatory jail time of up to 10 days and a 5-year driver’s license revocation.
Third DUI Offense
(Also qualifies as a felony DUI)
- A fine between $2,000 and $4,000.
- Up to 1 year in prison.
- The individual will face a driver’s license revocation for between 6 months to 1 year.
- The individual’s vehicle will be impounded or immobilized for up to 90 days.
- Up to 1 year of probation time.
- The individual will have to attend a DUI school and an alcohol treatment program.
- Up to 50 hours of community service.
If the third offense was committed within 5 years to the prior conviction, then the individual will be subject to mandatory jail time of up to 30 days and a 10-year driver’s license revocation.
It is essential that you reach out and speak to a DUI defense attorney as soon as possible following your DUI charge so that a DUI defense attorney can immediately get to work on your case. There might be other factors involved in your case that a DUI attorney will be able to investigate, such as:
- Multiple DUI offenses – If the individual has been convicted more than once of a DUI charge, then they might be charged with a felony – even though individual offenses are usually classed as misdemeanors. If the date of the third conviction is within 10 years of the prior convictions, then the individual can be charged with a felony DUI.
- High blood alcohol content or children in the vehicle – If the individual had a blood alcohol content (BAC) level of .20% or more, or there were children under the age of 18 in the vehicle at the time of the arrest, then most likely the fines will be doubled, and the maximum prison sentence for a first offense goes up to 9 months or up to 12 months for a second offense.
- Injuries – If the individual caused a non-serious injury to another individual because of their DUI, then they will be charged with a first-degree misdemeanor. However, if the condition of the individual involved in the accident worsens, then the guilty individual could be charged with a felony.
We’re Florida’s top litigation team with over 75 years of combined experience Contact The Law Place
Are you facing misdemeanor charges for a Clearwater DUI? Are you feeling uncertain about your future, and you don’t know where to turn? The consequences for a Clearwater DUI misdemeanor can be very serious, and that is why it is essential to have a reputable law firm on your side. We highly recommend that you get in touch with a DUI lawyer from The Law Place who can protect your best interests and help you through the case.
The Law Place has over seventy-five years of combined experience and knowledge when it comes to fighting cases relating to drug crimes, reckless driving, car accidents, DUI charges, and many others. We will work hard to reduce your charges and minimize the consequences of your case.
Call our law firm today to schedule a free consultation where a DUI lawyer will be able to explain every stage of your case and answer all of your questions in Clearwater. But above all else, we will listen to you and what you have to say. If you choose to be represented by The Law Place at the end of the conversation, then a DUI lawyer will conduct an investigation into your case, gather evidence, negotiate with the prosecution, and build a strong DUI defense strategy to combat your charges.
Don’t hesitate to get in touch with a Clearwater DUI lawyer from The Law Place to schedule a free consultation today. Contact us now on (941) 444-4444 for a free consultation, and we will fight your DUI misdemeanor charges together in Clearwater, Florida.
