Our experienced South Florida DUI defense lawyers know that you can be pulled over and arrested for DUI simply for drivig home after a dinner at which you and a friend had a glass of wine or two. Because everybody’s body is different, alcohol affects each person differently, and although the amount of alcohol you might have consumed seemed miniscule, police can still book you for DUI if they deem that you’ve had too much to drink.
To be sure, you can be arrested for DUI regardless of whether or not you intended to become intoxicated in the first place; in this respect, intention is irrelevant.
Furthermore, because our criminal defense attorneys are all former prosecutors, we know that the Florida’s laws regarding DUI penalties are not at all cut-and-dry. There is no “cookie cutter” case in the Sunshine State, because penalties in a given DUI case are dependent not only on your internal blood alcohol content, but also on external factors such as whether or not while driving drunk you caused a car accident, injury to someone else, etc.
Generally speaking, the more serious the consequences of the DUI incident, the harsher the possible penalties. For example, fines and possible jail time can be added to existing penalties if there was a minor in the vehicle at the time of the DUI; if your BAC was above .15 (while .08 or above is grounds for a DUI); if the DUI led to a crash; if the DUI led to the bodily injury of another individual; and, of course, if the DUI led to/caused the death of another individual.
Decades of experience have allowed our skilled DUI defense attorneys to recognize the strategies that are successful in defendin a DUI case and those which are not. Relatedly, an important consideration in understanding enhanced DUI penalties is whether or not the driving under the influence actually caused any of the aforementioned things to take place. It would be unfair and unjust to tack-on extra penalties simply because something bad happened in connection with (but not as a direct result of) the DUI.
So, for example, let’s say someone was on their way home from dinner, having had a glass of wine with their in-laws. They feel entirely sober and, as they’re driving down their street, a speeding car comes flying around the corner, drives right past the stop sign and smashes into the car driven by the person who had a glass of wine at dinner. If police arrived at the scene and smelled alcohol on the driver’s breath, the first instinct might be to assume that the accident was caused by the “drunk” driver. But what about the fact that the driver was driving the speed limit, on a straight path, in the right direction and did not have the obligation to stop at a stop sign? In this instance, we feel that someone should be free from unfair, increased penalties that stem from unfortunate circumstances over which said person had no control.
Our criminal defense lawyers know the importance of lobbying on behalf of our clients. In having years of experience practicing law in South Florida, we’ve established relationships with local prosecutors and judges, which have allowed us to understand the best ways to approach a given case. Because judges in DUI cases frequently have a great deal of discretion in determining judgments and penalties, it is essential that your defense attorny is effective in advocating your position.
If you’ve been arrested for or charged with DUI in Palm Beach, Broward or Miami-Dade County, give us a call to schedule a free consultation. You can reach us at 1-888-5-DEFEND (1-888-533-3363). We look forward to hearing from you.