A DUI arrest can change your life. Imagine that you are driving home from a dinner with friends and are suddenly pulled over. You only had a couple drinks, hours ago, but the officer thinks you are sufficiently impaired. When you are arrested for DUI, your license is automatically suspended and you are taken to jail. If you are convicted, you face a laundry list of penalties and requirements including: jail time, probation, steep fines, DUI school, car impound, community service, substance counseling, and the installation of an ignition interlock device. Just a DUI arrest results in the creation of your criminal record. If you or someone you know has been arrested for DUI, don’t wait. Call an experienced and aggressive Bradenton DUI attorney at Pallegar Law, P.A. today.
The Synergistic Effect (Drug DUI)Did you know that you can be arrested for DUI even if your BAC is below the legal limit? Certain prescription or illegal drugs can interact with alcohol and increase its effect on your body. If you are prescribed a medication, make sure it is safe to mix with alcohol. Check the warning label for potential complications. If you ingest a drug that increases the effect of alcohol, you may be arrested for DUI even if you only had one drink. An experienced Bradenton DUI lawyer will be able to negotiate with the prosecutor to get you the best possible outcome on your DUI charge.
The synergistic effect occurs when mixing drugs and alcohol. When consumed together, these substances have an increased effect. For example, if you drink one glass of wine and take a sleeping pill, you may feel moderately impaired. Depending on the substance consumed, you may feel the effects of alcohol much more. If you are pulled over for DUI, it does not really matter what you blow if the officer thinks you are too impaired to drive. Your BAC may be below the legal limit, but because of the synergistic effect you may feel like you have had five drinks.
Implied ConsentAll drivers in Florida, by operating a motor vehicle, agree to submit to breath, blood, or alcohol testing if they are involved in an accident or arrested for DUI. This is called implied consent, and if you refuse to provide a sample you will be subject to penalties. If you refuse to submit to a breath test, your license will be suspended for a period of one year (for your first refusal). A second refusal results in a license suspension for a period of 18 months. Additionally, you may be charged with misdemeanor failure to submit to a breath test. If the law enforcement officer believes you are under the influence of drugs, they may ask for a urine sample. If you refuse, you are subject to the same penalties as for a breath test refusal.
Penalties for DUIA DUI charge carries with it serious consequences, both criminal and administrative. You will have to deal with criminal charges and penalties as well as DMV requirements for your driver’s license. When you are arrested for DUI, your license is automatically suspended. You have the option to contest the suspension within 10 days or apply for a hardship license. A hardship license will allow you to drive to work, school, the doctor, and make other necessary trips.
A first offense DUI is classified as a misdemeanor, and can be punishable by up to 180 days in jail, one year of probation, fines, community service, DUI school, and mandatory car impoundment. Penalties are more severe if there was a minor in the car at the time of arrest, or your BAC is .15 or higher. Keep in mind that if you blow above .15, you are subject to these enhanced DUI penalties, so it may be in your best interest not to blow if you have had a lot to drink. Enhanced penalties include more jail time, steeper fines, and mandatory ignition interlock device installation. If there was an accident with serious injury, the DUI could be classified as a felony.
There are several cases in which your DUI may be charged as a felony. A third DUI within 10 years, a fourth or subsequent DUI, DUI with serious bodily injury, DUI manslaughter or leaving the scene, and vehicular homicide are all felony DUIs. A felony DUI conviction can result in up to 30 years in prison and steep fines. If you or someone you know has been charged with a felony DUI, consult an aggressive and knowledgeable Bradenton DUI attorney at Pallegar Law, P.A. today.
DUI DefenseConsulting an aggressive Bradenton DUI lawyer is your best option to avoid jail time and harsh penalties. There are many defenses that can be used to avoid a DUI conviction. If you were swerving or driving badly, that can be attributed to weather, texting and driving, road rage, or mechanical issues. These defenses are all common issues that can result in swerving, weaving, or suddenly changing lanes. There are also many defenses to performing badly on field sobriety tests. You may have a physical disability or injury that impairs your ability to walk in a straight line or stand on one leg. You may be wearing heels, overweight, or just plain nervous.
There are defenses to your physical appearance as well- bloodshot or watery eyes do not necessarily translate to alcohol or drug impairment. You may have a newborn child at home keeping you up at night, poor health, or contact lens issues. The smell of alcohol on you does not mean you were necessarily drinking. If you were around people who were drinking, you may have the smell on you. If you were at a bar and someone spilled their drink on you, you may smell of alcohol despite not being impaired. All these defenses can be utilized by your skilled Bradenton DUI lawyer to help fight the charges against you.
Call Pallegar Law, P.A. TodayIf you or someone you know has been arrested for DUI, call a knowledgeable Bradenton DUI attorney at Pallegar Law, P.A. for help. Call 941-893-5816 today for your free consultation.