Thursday, December 3, 2015
DUI Attorneys in Pinellas County Florida Clearwater Largo St. Petersburg http://www.KeepCalmCallUs.com Powers Sellers and Finkelstein PLC
Powers Sellers and Finkelstein PLC DUI Attorneys in Pinellas County FL
Criminal Defense Attorneys in Pinellas County FL
DUI Attorneys in Pinellas County Florida Clearwater FL | Largo FL |
St. Petersburg FL | DUI Lawyer in Pinellas County FL Criminal Defense Attorney | Drug Charges | Violent Crimes Domestic Violence | Weapons Charges | Sex Crimes
Florida has passed much tougher DUI laws in the last several decades. The interpretation of the laws regarding driving while intoxicated or impaired have become difficult. In Florida it is ILLEGAL to operate a motor vehicle of any kind with a Blood Alcohol Content of .08 or greater. Under the law, you are presumed to be impaired if you are over the legal limit. However, this presumption may be rebutted by other evidence presented on the Defendant’s behalf. The Florida definition of "DUI" under the statute makes it illegal for a motorist to operate a motor vehicle if: The person is under the influence of alcoholic beverages, certain chemical substances, or any controlled substance, when affected to the extent that the person's normal facilities are impaired.
The Consequences of a DUI Charge
The consequences of a DUI conviction are often far-reaching and life altering. This can include incarceration and loss of freedom, loss of employment opportunities, loss of driving privileges, and increased insurance rates. Other devastating elements of a conviction can be a loss or modification of child custody and visitation rights with minor children, significant legal costs, fines and penalties, and a permanent conviction record that cannot be expunged. First-time Florida offenders can spend up to 6 months in jail and face fines of up to $1,000. Offenders can also expect to be ordered to perform community service work and attend alcohol treatment and counseling at their own expense. The penalties and costs of a DUI continue to increase significantly with additional convictions. What To Do If You Are Stopped For a Possible DUI: Implied consent law eliminates the need for a warrant to request that you take a breathalyzer test when you are stopped by law enforcement. You will be advised that if you refuse, you will receive an automatic one-year suspension of your driving privileges if it is your first offense. A subsequent refusal is a separate misdemeanor offense in the state of Florida. If you are under the age of 21 and are arrested for a DUI, your case falls under the Zero Tolerance policy. All of the penalties are basically the same but the blood alcohol content presumption is 0.02, much lower than the 0.08 required for offenders over the age of 21. A DUI charge must be taken VERY seriously, given all of the potential consequences. YOU MAY HAVE A DEFENSE! Some areas to explore for your defense are: Initial Stop: Did the officer have a legal right to stop you? Was the stop performed properly? Tests: Were the field sobriety tests administered correctly? Did the officer interpret them correctly? Evidence: Was the breathalyzer machine calibrated correctly? Was any other evidence handled improperly or incorrectly?
If you or someone you know has been arrested or charged with a DUI in Pinellas County Florida call Powers Sellers & Finkelstein PLC at 727-531-2926 or visit us at http://www.KeepCalmCallUs.com for immediate assistance the the representation that you need.