The State of Florida defines the crime of Driving Under the Influence as being in actual physical control of a vehicle while you are under the influence of drugs or alcohol to the point where your normal faculties are impaired. Normal faculties are defined as the ability to see, hear, walk, balance, talk, and the ability to perform the mental and physical acts of daily life. The law also includes a provision that states that an individual can also be considered under the influence if their breath or blood alcohol content (BAC) is above the legal limit of .08.
Once you are arrested for DUI time is of the essence. You only have 10 days to take action to preserve your license before it is automatically suspended by the Department of Highway Safety and Motor Vehicles (DHSMV). The Florida Uniform DUI citation issued to you when you were arrested is also known as a “Notice of Suspension.” It places you on notice that the DHSMV intends to suspend your driver’s license for 6 months if you provided a breath or blood sample of .08 or greater at the time of your arrest for DWI or for 12 months if you refused to submit or failed to submit to a breath, blood or urine sample upon your arrest for DUI as required by Florida Law. The sooner you contact Attorney Jason Seidman, the sooner he can go to work to preserve your driving privileges.
The penalties for drunk driving usually depend on the number of previous convictions you have on your record. A first DUI, is classified as a second degree misdemeanor the maximum subjected to up to six months in jail, a maximum fine of $2,000, and a minimum licenses suspension for 180 days. A second conviction for drunk driving is a first degree misdemeanor and is punishable by up to nine months of imprisonment, a fine of up to $4,000, and a license suspension for at least 180 days. A third or any further DWI within 10 years, can be charged as a third degree felony, and be punished by up to five years in Florida State Prison, a fine of up to $5,000, and a minimum license suspension of 10 years. A fourth offense regardless of how old the prior drunk driving charges are can be automatically filed as a felony and can result in a permanent/lifetime revocation of your driving privileges amongst the possibility of a maximum sentence of 5 years in Florida State Prison. Other than the license suspensions and fines, anytime someone is convicted of a DWI they may also be ordered to serve probation, community control, attend School, have an ignition interlock device installed in their vehicle and/or perform community service.
The bottom line is that whether you are a first time or repeat offender the stakes are very high. Attorney Jason Seidman knows the severity DWI charges can have on your life and is able to help. DUI cases are extremely complicated and technical, often involving highly scientific testimony from a State expert witness. It is critical that an individual facing charges retains a defense attorney that is capable of understanding and combating the government’s scientific evidence. Attorney Jason Seidman has handled hundreds of DUI cases, and during his time as a prosecutor was selected to participate in a week long DUI school that taught methods and strategies used to prosecute DUIs. Attorney Jason Seidman is well versed in all technical and legal aspects of drunk driving defense and uses his knowledge base to deliver results to his clients.
Call 954-740-0502 now to review your case.