Ave Maria DUI Lawyer

Ave Maria, FL DUI Attorney

In Ave Maria, a person can be charged with a DUI when they have been drinking or taking drugs and are still under the influence while driving. DUIs can be costly and life-altering for everyone involved, as the laws surrounding DUIs in Florida involve significant penalties for anyone convicted. If you have been charged with a DUI, an Ave Maria DUI lawyer can assist you.

The Law Office of Donald P. Day: DUI Lawyer With Years of Experience

The Law Office of Donald P. Day is a criminal defense and personal injury firm serving the Ave Maria area and beyond. Our legal team can provide consultations for those searching for a DUI lawyer. If, at the end of the consultation, it is discovered that we are not the right fit, we are more than happy to recommend you to a firm that is.

Donald P. Day has years of professional experience, having previously worked at one of the largest law firms in Florida. At his side are two qualified attorneys who have also spent years successfully advocating for their clients’ rights. He and his team have over 45 years of combined experience, with an extensive history in handling DUI cases.

Donald P. Day was one of the founding members of Harvard University’s National DUI College and was named one of the top DUI attorneys in Southwest Florida. He has been involved in 3,500 DUI cases, both as a prosecutor and a defense attorney.

The Process of a DUI Case

In Ave Maria, a person can be charged with a DUI if their blood alcohol concentration is at or above 0.08%. They can also be charged if their normal faculties are inhibited through drug use. A law enforcement officer can pull over anyone whom they suspect to be driving under the influence. After doing so, they will likely administer field sobriety tests to determine whether the individual is intoxicated by alcohol or drugs.

Any evidence collected at the time of the arrest, such as a breathalyzer, field sobriety test, or any other test performed by law enforcement to analyze the driver’s abilities, will be surrendered to prosecutors to make a case.

If you have been charged with driving under the influence, an attorney can help you by creating a strategic defense. Since the laws change often and penalties vary depending on the details of each case, a lawyer will be able to evaluate all the facts to build a reliable defense. Some examples of things your attorney can consider include:

• The reliability of the administered blood alcohol test
• The administering officer’s statement and testimony
• Alternative reasons for symptoms (for example, red eyes being attributed to sleepiness rather than intoxication)
• Driver not receiving notice of their Miranda rights
• Illegal stop performed

If an officer did not have reasonable suspicion to pull you over, did not read you your Miranda rights, or incorrectly administered a field sobriety test, it’s possible that the evidence collected could be thrown out. In this case, your charges could be lowered or dropped altogether.

Penalties for DUIs

The penalties for a DUI vary depending on the offense, and all details are taken into consideration when the penalty is determined. Below are the general fines and penalties incurred per offense. All fines and penalties increase if minors are present in the car or if the driver’s blood alcohol level is at 0.15 or above.

• First Offense: First offenses incur a fine of $500 – $1,000. Jail time is not mandatory by law, but if decided by the court, the driver can face up to six months in jail. Typically, their license will also be revoked for 180-366 days.
• Second Offense: Second-time offenders face fines of $1,000 – $2,500. They can also face up to nine months in jail, and their license will be suspended for at least five years. Under some circumstances, they may also be required to have a mandatory ignition interlock device installed in their car for up to two years.
• Third Offense: Third offenders face fines of $2,000 – $5,000. At this point, the offender must serve at least 30 days in jail but can serve up to one year. Their license will be revoked for up to ten years, and a mandatory ignition interlock device will be required for two years.
• Fourth Offense: The minimum fine for four (or more) DUI offenses is $2,000. This offense carries jail time of up to five years. The driver’s license will be permanently revoked. Once an offender reaches their fourth offense, the DUI is no longer considered a misdemeanor but is now a felony DUI.

Felony DUI

Most often, a DUI is considered a misdemeanor, especially for a first offense. However, there are instances when a DUI will be charged as a felony. The main reasons for this include:

• This is the driver’s third offense, and one of them occurred within the last ten years
• This is the drive’s fourth offense, regardless of when any of the previous offenses occurred
• The driver caused an accident resulting in the death of another person
• The driver caused an accident resulting in significant physical injury to another person

Defensive Strategies for DUI Cases

When a person is charged with a DUI, the standard method of defense, especially for a first offense, is to enter a plea bargain. An attorney can work on your behalf to develop a plea bargain for you. In this case, the defendant pleads guilty or no contest to the offense in exchange for lighter penalties. In the case of a DUI, a defendant can plead guilty in exchange for their penalty or sentence being less than the maximum.

Another option for plea bargaining is called a “wet reckless.” In a wet reckless, the prosecutor will drop the DUI charge in exchange for a reckless driving conviction. Reckless driving is considered a crime in every state, but it is a lesser charge than a DUI. Therefore, it will result in less severe penalties.

While speeding, street racing, and weaving in and out of traffic are all considered reckless driving, driving under the influence is also included in this definition, even if the driver is driving normally while under the influence. In Florida, a defendant can plead down on their first offense but will not be allowed to for subsequent offenses.

FAQs

Q: How Much Does a DUI Lawyer Cost in Ave Maria?

A: In the state, a DUI lawyer can cost, on average, between $2,500 and $6,000. However, these costs are for the most straightforward type of case. The cost of your DUI lawyer could be outside the range based on the experience of the law firm, as well as the facts surrounding your case. Speak with your attorney to discuss the details of your case and how much it will cost. It’s important to know your attorney’s costs and fee structure before deciding to hire them.

Q: Do You Need an Attorney for a DUI in Ave Maria?

A: If you have been charged with a DUI, you have the right to defend yourself. It is not mandatory to have an attorney, but it is highly recommended to do so. The laws change quickly, and if you do defend yourself, you are held to the same standard as an experienced lawyer in the courtroom.

A lawyer can negotiate a plea bargain that lowers your penalties, obtain evidence to demonstrate your innocence in court or prove that your rights were violated during your arrest, potentially getting your case dismissed.

Q: Is It Worth Getting a DUI Lawyer in Ave Maria?

A: Because DUI laws can be difficult to understand, especially for someone who is not formally trained in the law, it would be worth hiring a DUI lawyer to handle your case. The laws are constantly changing and vary from state to state, and the exact penalties you receive depend on the details surrounding your case. Hiring a lawyer who is well-versed in the law can provide you with clarity on the strength of your case, as well as individualized guidance and advice.

Q: How Long After a DUI Can You Drive in Florida?

A: The length of time for which your license is revoked after a DUI varies depending on the facts of your case and whether it is a first, second, third, or fourth offense. Depending on the offense, a license revocation, which becomes part of your DUI record, can range from six months to five years. In the most serious cases, or after your fourth offense, the revocation will be permanent.

Hire an Ave Maria DUI Lawyer

With decades of combined experience in DUI cases, the lawyers at the Law Office of Donald P. Day are ready to take on your DUI case, no matter what it entails. The penalties for a DUI can have a detrimental effect on your life, especially if you’re facing a repeated offense or if your case involves aggravating circumstances.

If you have been charged with driving while intoxicated, contact the Law Office of Donald P. Day today. We would be happy to set up a consultation to discuss your case.