Have you or a loved one been charged with a criminal offense. Call Tonmiel Rodriguez Today.
DUI
DUI Driving Under the Influence With Injury or Property
Damage
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) - with personal injury or damage, but not serious bodily injury
The offense of Driving Under the Influence with personal injury or damage 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; or
(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
and
(d) As a result of operating the vehicle, the person caused or contributed to causing damage to the property of another, or injury to another.
Possible penalties for "Driving Under the Influence (DUI) - with personal injury or damage but not serious bodily injury"
Driving under the Influence and Causing or Contributing to personal injury or damage is a misdemeanor of the first degree. Possible penalties include up to 1 year in the county jail, $1000 fine, and 1 year of probation. Also, there is a minimum of three years license revocation associated with this type of DUI.
Possible Defenses to DUI type Charges
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
YOUR RIGHTS
MY CALLING
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.
