What is DUI law?
Under DUI law, a blood alcohol concentration (BAC) of .08% is the legal limit for driving under the influence. Depending on the severity or if it's a first time offense, a DUI conviction may involve a large fine, jail time, and a suspended or revoked driver's license.
DUI is operating a motor vehicle under the influence of alcohol or other drug. Attorney Larry Avallone has the experience, determination, and fortitude to handle various DUI cases. He knows that being convicted of a drunk driving offense can have severe implications to your daily life, including loss of license, heavy fines, higher insurance costs, loss of job, and even jail time.
With You, From the Start
At Avallone Law P.A, our goal is to answer all your questions and work with you on a one-on-one basis. With years of experience defending various cases, and his experience as a former Deputy Sheriff for 10 years and former Assistant State Attorney for 8 years, Board Certified Criminal Law Attorney Larry Avallone has an in depth knowledge of the Florida DUI laws and knows what it takes to overcome the evidence presented against his clients. Judges in Daytona Beach are extremely strict with DUIs, so you must have a specialist to ensure the best outcome.
As soon as you sign me onto your case, I will delve into the details starting from the moment you were pulled over, including any tests performed (field sobriety tests, breathalyzer, etc.), and if you were taken into custody. There are some key things to remember.
What you need to know when hiring a DUI attorney
I am often asked, is it necessary to have an attorney when I was arrested for a first DUI in the Daytona Beach area?
The answer is yes. DUI is a crime that has many collateral and long lasting consequences, such as a loss of your ability to drive, significant increases in insurance premiums, and loss of professional your license. Because of these consequences, you should have an attorney guide you so you don't make a mistake which may cost you for years to come.
An experienced DUI attorney will review the evidence against you and determine if there are defenses which may benefit your case. For example, there may be pretrial motions that can be filed such as a motion to suppress. Only an experienced attorney can spot the complex legal issues which you may be able to use to suppress evidence against you. Another thing that a DUI attorney can do for you is that they can find substantial weaknesses in the case that the police and the prosecutors build against you. An experienced attorney knows that the intoxilyzer breath testing machine may produce subjective results depending on the circumstances.
A DUI charge carries penalties related to your privilege to drive as well. You should expect that your attorney will fight the department of motor vehicles to protect your driving privilege. When facing a charge that will impact many areas of your life, you should insist on having a specialist represent you.
Most DUI's in Florida are charged as a misdemeanor, however it really depends on the circumstances. Here is a rundown:
- First DUI – a misdemeanor with a maximum of 6 months in jail.
- DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail.
- DUI with a breath or blood alcohol concentration (BAC) over .15 – a misdemeanor with a maximum of 9 months in jail.
- Second DUI outside of five years – a misdemeanor with a maximum of 9 months in jail.
- Second DUI within five years – a second instance five years of a prior conviction is a misdemeanor with a maximum of 9 months in jail.
- (unless it is also proven that the BAC is over .15 or a child was in the car – then the maximum is 12 months in jail).
- DUI with property damage (or non-serious personal injury) – a first degree misdemeanor with a maximum of 12 months in jail.
- Third DUI outside of 10 years – a misdemeanor with a maximum of 12 months in jail.
On to the felonies:
- Third DUI within 10 years – a third DUI can be charged as a felony if the third DUI arrest is within 10 years of any prior DUI conviction.
- Fourth or Subsequent DUI – any fourth instance can be charged as a third-degree felony punishable by up to five years in prison.
- DUI with Serious Bodily Injury – a third degree felony with a maximum of five years in prison.
- DUI Manslaughter – a second degree felony with a maximum of 15 years in prison.
- DUI Manslaughter / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.
- Vehicular Homicide – a second degree felony with a maximum of 15 years in prison.
- Vehicular Homicide / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.
Learn more on the Florida Department of Highway Safety and Motor Vehicles (DHSMV) website. Have questions or need help? Give me a call today (386) 682-9235.
What to Do When Pulled Over for DUI
Getting a favorable result in a DUI case actually starts long before the traffic stop. Remember that most police officers are now equipped with body cameras that are recording you from the moment that the officer walks up to your window. This video will be shown to a jury so being as calm and compliant as possible is the best strategy.
If you have been pulled over or arrested for a DUI in Daytona Beach, New Smyrna Beach, Deltona, Ormond Beach or areas surrounding Volusia County, you need a Board Certified Expert drunk driving lawyer that has the knowledge and skill to give you the defense you need. Call us today at (386) 682-9235 to schedule a consultation.