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
- What Does the Crime of Involuntary Manslaughter Involve?
Involuntary manslaughter can defined in several different ways, depending on the circumstances of a case. While involuntary manslaughter may, of course, be involuntary, it may also include a deliberate act. In some situations resulting in a death, the death was an accident or a caused by a careless individual. However, even in circumstances where a deliberate act caused a death, the charge of involuntary manslaughter may still apply. Involuntary manslaughter may be the end result of a failure to carry out a legal duty specifically required to protect a human life or from the commission of an illegal act that […]
- Marijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty
Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy up to one ounce of the drug at authorized storefronts. These existing laws are close cousins to laws regulating the use of alcohol and nicotine: smokers may not smoke in public, employees may not work under the influence and states may have blood test limits […]
- Tampa firefighter suspended after alleged 3rd DUI arrest this past weekend. Potential penalties include jail, 10 year driver’s license suspension, and a felony conviction.
Over the weekend, a Tampa Fire Rescue firefighter was arrested for DUI in Holiday, Pasco County. This was allegedly his 3rd DUI arrest with priors in 2001 and 2012. If that is true, if convicted of DUI, there would be a 10 year driver’s license suspension as part of his sentence. Three (3) DUI convictions within 10 years results in a mandatory 10 year suspension. He will likely face jail time if convicted or part of a plea. THE ARRESTED FIREMAN REFUSED TO PROVIDE A BREATH SAMPLE!!! Why do I stress the fact that he refused the breath test? Because […]
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