Holiday DUI’s Can Bring A Lifetime of Regret
The holidays are fast approaching. Family, friends, and colleagues are buzzing to make plans to celebrate. Perhaps a co-worker has invited you to a party. You are not a big drinker, but in the spirit of the season, you join in with drinking the spiked eggnog. On the drive home, you are exhilarated and inebriated. You hardly notice that law enforcement asks you to pull off the road. Unfortunately, one night of celebrating can bring a lifetime of regret.
The above is a common scenario that occurs every holiday season. Driving under the influence is most prevalent this time of year. Under the law (Florida Statute 316.193), driving under the influence (DUI) is a severe offense. A person guilty of the offense is subject to punishment if they are in actual physical control of the vehicle with an intent to drive.
Driving under the influence puts the lives of those sharing the roadways with you at risk. Impairment of normal faculties with an unlawful blood alcohol or breath alcohol level (BAC of .08% or greater) is strong evidence for a conviction.
Misdemeanor and Felony Charges
A DUI conviction has significant impacts on an offender’s life. Depending on the circumstances, the accused may be charged with a misdemeanor or a felony. First and second DUI arrests are usually charged as misdemeanors. However, charges can be upgraded to a felony when there are significant bodily injuries or the death of another person.
Third and fourth DUI arrests within ten years are charged as felonies. In addition to jail time, sanctions for a misdemeanor or felony conviction may include:
- a suspension or revocation of your driver’s license
- hefty fines
- community service
- treatment at a residential alcoholism program
- placement of an ignition interlock device
Should I Hire an Attorney?
It is vital to have an experienced criminal law attorney on your side to help you achieve the most favorable outcome. Solid legal representation can help to get charges and penalties dismissed or minimized.
At The Law Offices of Allen & Abaray, P.A., we understand that a criminal record can affect your career, personal life, and reputation. Facing DUI charges is frightening and confusing. Attorney William Allen is a knowledgeable and skilled criminal defense attorney. He has successfully defended those faced with DUI charges for more than twenty years. He will work diligently to find the right strategy for your defense.
Possible Defenses to a DUI Arrest are:
- Breath or blood alcohol testing inaccuracies due to technical errors
- Law enforcement’s failure to conduct the tests following required procedures
- A broken chain of evidence
- No probable cause for the vehicle stop by law enforcement
- An invalid field sobriety test if the driver is elderly or has disabilities
- The accused was not in actual physical control of the vehicle
- A violation of Miranda Rights
- Involuntary intoxication
At The Law Offices of Allen & Abaray, P.A., We Defend Our Clients’ Rights and Future
Our best advice is never to drink and drive. However, if you find yourself facing DUI charges, call us immediately to give us a detailed account of everything that happened. We will discuss the best strategies and options with you. We believe in giving each client personalized and undivided attention at our law firm. Let us challenge the prosecution’s evidence and negotiate for reduced or dismissed charges.
The legal team at The Law Offices of Allen & Abaray, P.A., wishes you a joyous and safe holiday season. For quality legal representation, contact us at our Lakeland, Florida office at (877)669-6899 or (863)669-0699. We represent clients throughout Polk, Hillsborough, Osceola, and Lake Counties, Florida.
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