Alcohol Consumption May Fuel Many Crimes
Lakeland, FL (Law Firm Newswire) July 11, 2014 - If a person has consumed enough alcohol to alter their mental state and/or affect their physical ability, and they drive, they run the risk of breaking the law.
“Many alcohol related crimes are considered to be misdemeanors, but with the presence of alcohol at higher blood concentrations, a lesser crime has the ability to turn into a serious offense,” states Lakeland criminal defense attorney, Thomas C. Grajek.
The most serious crime committed while under the influence of alcohol is driving while impaired, driving while intoxicated or driving under the influence. Even though various states refer to this offense by different acronyms, such as DUI, DWI, OVI or OWI, it is still illegal and still poses a danger to the drunk driver and others. No matter what the offense is referred to as, it is serious and may well be a felony charge if there is an accident and someone is injured, or if an individual has been stopped and charged several times before for the same offense.
“It is illegal for someone under the age of 21-years-old to buy alcohol,” says Grajek, “or to drink in a public place. However, there are some states that offer more leniencies to minors under the influence if they are in their own home or the home of a friend. It helps if there is a parent present, but this also varies by jurisdiction as well. It also depends on the circumstances of the case.”
Adults that permit children to drink are liable for their actions and in some areas of the U.S. adults are criminally liable if they let a minor drink and drive. Selling alcohol to a minor is illegal no matter what state a person lives in.
A lesser-known alcohol offense is that of public intoxication, also referred to as a PI offense. It is a crime if an individual has been drinking in a public place and a police officer feels that person is a danger to others or themselves. This is usually charged as a misdemeanor, depending on how the intoxicated individual acts. The offender does get a criminal record.
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 […]