The Consequences of Driving Under the Influence
Lakeland, FL (Law Firm Newswire) January 9, 2013 - Drinking and driving in Florida has many consequences.
“People in Florida may not understand that under the law here, DUI is one offense that covers driving under the influence of alcoholic beverages, chemical substances or controlled substances. This offense is proven by the level of impairment of the driver’s faculties at the time they are stopped,” explained Thomas Grajek, a Lakeland criminal defense attorney. “For a deeper understanding of the law, a good reference page to visit is here."
The first conviction for Florida DUI is a fine of not less than $500 or more than $1,000. If the blood alcohol content is .15, or higher, or if a minor is also present in the vehicle at the time, the fine is not less than $1,000 or more than $2,000. “For those who are faced with a second conviction, the fines run from not less than $1,000 or more than $2,000, and again, if the blood alcohol content is .15 or higher and a minor is present, the fine would run between $2,000 and $4,000,” said Grajek.
The more convictions over a period of time, the higher the fines, the longer the community service and the longer the jail term served. “One thing should be made clear though, and that is that not everyone charged with DUI is guilty. This is why a criminal defense lawyer is a vital asset to someone about to be charged with DUI, or has already been charged with DUI,” Grajek stated. “Being charged with an offense does not mean the person is guilty. It only means they have been charged with something. There are many situations where a charge for DUI does not ultimately stand up in court.”
The circumstances under which a driver was stopped and asked to perform field sobriety tests is always something to carefully scrutinize, as is the competence of the roadside breathalyzer operator. Additionally, the roadside, and law enforcement in-house breathalyzers, have come under fire for not being properly calibrated, thus producing inaccurate readings.
Then there is the fact that there is a margin of error of 50 percent when comparing breathalyzer “estimates” of blood alcohol content to “actual” blood alcohol content. In other words, a breathalyzer reading of 1 percent would represent a blood alcohol content of about .05 percent to .15 percent, which is hardly precise, accurate or fair.
Suspected DUI drivers are under no obligation to speak to the police when they are stopped. “In fact, my advice to them would be to just remain silent, and save your explanation for driving while possibly drunk or under the influence of something else, for your criminal defense lawyer. And, make no mistake, you will need a criminal defense lawyer, as this is not a situation you want to deal with on your own,” added Grajek.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
View Larger Map
A criminal charge involves a criminal complaint, or an “accusatory instrument,” which is the papers filed that accuse someone of committing a crime. There are two delineating criteria factored into considering if a criminal complaint is to be used in a case. One factor looks at whether state or federal laws were broken, which usually determines what court a trial may be held in. Another depends on the nature of the crime and whether it constitutes a serious felony or a less serious misdemeanor. Since different jurisdictions with differing rules and regulations may be involved, it is vitally important to […]
- How to get a hardship license after you have been arrested for DUI.
Today, I was at the Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews for a Formal Review. Polk County DUI arrests now conduct these hearings telephonically. While there, a person who was just arrested for DUI was trying to “waive” their right to a Formal Review and apply for a hardship license for the entire period of suspension. In a breath test refusal case, this suspension is one (1) year. In an unlawful breath (driver blew over 0.08 legal limit) case, the suspension is six (6) months. This allows a 1st time DUI driver to keep some […]
- Florida sex crime attorney Thomas Grajek on the "sex on the beach" case sentencing
Today the infamous couple convicted of having “Sex on the Beach” are scheduled to be sentenced today. I have previously posted about this case explaining how serious this charge can be at: http://www.flcrimedefense.com/2015/05/florida-couple-found-guilty-of-sex-on-the-beach-and-now-will-be-classified-as-sexual-offenders-and-face-prison-time/ Bay News 9 is reporting that the prosecutor is only seeking 2 1/2 years in prison for the male involved in the case. If the judge agrees to mitigate Jose Caballero’s sentence to that prison sentence, it will be a hug break for him as he is facing a mandatory 15 years in prison. The State can agree to mitigate the sentence which is one of the few […]
See other news sources publishing this article. BETA | Tags: Lakeland criminal defense attorney, Lakeland criminal defense lawyer, Polk County criminal defense attorney, Polk County criminal defense lawyer, Polk County DUI attorney, Polk County DUI lawyer