A night out with your friends and family is likely to include a couple of drinks. While many of us have participated in this tradition, it can be an uneasy feeling when you see flashing blue and red lights behind you on the way home.
If you have been pulled over and arrested for drinking and driving, consult with a Fort Pierce DUI lawyer at The Law Offices of Robert David Malove. Police and prosecutors take these cases very seriously, and a conviction could have significant consequences for your future. Our respected criminal defense attorneys have over 120 years of combined experience handling these charges and could help you come to a fair and just outcome.
Know the Legal Drinking and Driving Limit in Florida
A person’s level of intoxication is measured by the amount of alcohol in their blood, which can be done either by a blood test or using a special breathalyzer. According to Florida Statutes Section 316.193(1)(b), a person is considered to be driving under the influence (DUI) if their blood alcohol content (BAC) is 0.08 percent. However, a person may still be guilty of a DUI if their normal functions are impaired.
The problem with this is that different people could be affected in different ways, leaving it ambiguous as to what it means to be “impaired.” Two people could have the same number of drinks of the same type of alcohol but feel completely different. Things like their body weight, gender, and whether or not they have eaten prior to drinking are among the many factors that impact their individual BAC and their level of impairment.
However, this may not stop the Fort Pierce police from pulling a car over if they suspect a DUI, which is why having experienced legal representation is necessary. A lawyer could review situation to develop a defense strategy for the charges.
What Happens if This is a First or Second Offense?
When someone is facing their first DUI charge, they may be understandably confused and usure about what is going to happen. Thankfully, many first-time offenders may be able to avoid jail time and end up paying a minimum fine of $500. However, the court may order alcohol classes, a loss of driving privileges, or place special restrictions on the driver such as requiring an ignition interlock device.
A second or multiple charges within a certain period of time could have more serious consequences. For example, a second DUI in five years carries a mandatory jail term of 10 days and a fine of up to $2,000.
Regardless, the final punishment is left to the discretion of the judge, and they base their decisions on the entire situation. If the accused shows remorse and takes the initiative to learn from the experience, the judge may be more lenient.
While drinking and driving is dangerous and a serious offense in Fort Pierce, it may be possible to get the charges reduced or even dismissed with the help of an attorney. Having an advocate in the courtroom could persuade the judge to be fair in light of the circumstances.
Speak with an Attorney in Fort Pierce After Being Pulled Over for Drinking
If you have been accused, remember that you still have the right to a defense. A compassionate Fort Pierce DUI lawyer from The Law Offices of Robert David Malove could guide you through the process and provide advice on your options.
A conviction could have serious consequences, and an attorney could help find a fair resolution. Call The Law Offices of Robert David Malove for a consultation with one of our lawyers.