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DUI

Driving Under the Influence​ (DUI)

If you have been arrested or charged in Polk or Hardee County, including any part of Winter Haven, Lakeland, Bartow, Auburndale, Haines City, Wauchula, or Bowling Green, contact Criminal Defense Lawyer Tonmiel Rodriguez today for a free consultation. 

Definition of "Driving Under the Influence" (DUI) - without personal injury or property damage

The offense of Driving Under the Influence occurs when:


The person is driving or in actual physical control of a vehicle and:

(a) The person is under the influence of alcoholic beverages, any 

chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;


(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or


(c) The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.reath-alcohol level

Possible penalties for Driving Under the Influence (DUI) - without Personal Injury or Property Damage

The penalties for a First DUI are as follows:


A fine of not less than $500, but no more than $1000. However, if the blood alcohol level was above a .15, or there was a minor in the vehicle, the fines are no less than $1000 and no more than $2000.

Up to 6 months in jail.


180 day (or 1 year) driver's license suspension, depending on the circumstances. Note that this driver's license supension kicks in once a sentence is imposed, and is distinct from any administrative suspension that may have already resulted from the DUI arrest.

Mandatory monthly reporting probation for a period of 12 months, depending on the period of inaceration ordered, if any.


Various probation conditions, including:

50 hours of community service.

10 day vehicle impoundment or immobilization of the vehicle that was operated by the defendant or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization.

Complete an approved DUI Counter Attack School.

Submit to substance abuse evaluation and complete any recommended treatment.


The penalties for a Second DUI are as follows:


A fine of not less than $1000, but not more than $2000. However, if the blood alcohol level was above .15, or there was a minor in the vehicle, the fines are no less than $2000 and no more than $4000.

From 10 days to nine months in jail. If the blood alcohol level was above .15 or there was a minor in the vehicle, then the potential jail sentence is from 10 days to one year in jail.

6 months to one year, driver's license suspension. It will be a five year driver's license revocation, if the second DUI was within 5 years of the first DUI conviction.


Mandatory 10 day vehicle impoundment or immobilization. If the second DUI is within three years of the first DUI conviction, then the impoundment is for 30 days.

Ignition interlock device for one year minimum.

Complete an approved DUI Counter Attack School.

Submit to substance abuse evaluation and complete any recommended treatment.


The penalties for a Third DUI are as follows:


A Third DUI within 10 years of the last DUI conviction turns DUI into a felony of the third degree. A felony of a third degree is punishable by up to 5 years in Florida State Prison, and 1-5 years of probation, and $2,000 to $5000 in fines. There is a minimum 10 year license revocation; the person may be eligible for a hardship reinstatement after two years. Also, there is a 2 year mandatory placement of an ignition interlock device. Conditions of probation include those previously mentioned for a second DUI conviction.


A Third DUI that occurs more than 10 years after the date of a prior DUI conviction is punished by a fine of not less than $2,000 or more than $5,000, by imprisonment for not more than 12 months, and by probation of 1 year or less, depending on the amount of any jail sentence. There is a 180 day to 1 year driver's license suspension. Also, there is a 2 year mandatory placement of an ignition interlock device. Conditions of probation include those previously mentioned.


The penalties for a Fourth DUI are as follows:


A Fourth or subsequent DUI conviction is a Third Degree Felony, punishable by up to Five Years in Florida State Prison, 1-5 years of probation, and $2000 to $5000 in fines. There is a mandatory permanent license revocation. The person may be eligible for hardship reinstatement after five years. If incarcerated, the revocation period begins upon date of release from incarceration.Conditions of probation include those previously mentioned.

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Possible Defense to DUI

As with any crime, a defense to DUI, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses. However, there are a few defenses that are specific to the charges of DUI: Not person driving or in actual physical control of the vehicle. Field Sobriety Excercises (FSEs) were not scientifically grounded, or not administered correctly; therefore, the officer's evaluation is unreliable. Breathalizer results were inaccurate or unreliable due to the way breathalizer machine was operated (failure to follow protocol), or failure to give required maintenance and calibration to the breathalizer machine.

Defense

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If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side.  I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.

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Driving Under the Influence​ (DUI)

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