Have you recently been arrested for a DUI in Lakeland, Florida? If so, Thomas C. Grajek, Attorney At Law can provide the guidance necessary to effectively navigate the legal system. Call us today at (863) 688-4606 for help.
We are dedicated to providing high-quality legal representation to individuals facing DUI charges in Lakeland and the surrounding areas. Contact our law office for a confidential consultation with a Lakeland DUI defense lawyer.
Why Choose Thomas C. Grajek, Attorney At Law For Help With Your Lakeland DUI Case?
When your future is on the line, trust a Lakeland criminal defense attorney with over 25 years of experience and a track record that speaks for itself.
Thomas C. Grajek is known for aggressive, results-driven representation and a relentless commitment to protecting the rights of the accused. With 100+ five-star reviews and a reputation for winning tough cases, he delivers the skills and personal dedication you need.
Don’t gamble with your freedom. Call the attorney who’s trusted, proven, and ready to fight for you. Contact Thomas Grajek to schedule a consultation.
Overview of DUI in Florida
Driving under the influence (DUI) is a serious offense in Florida. It is defined as operating a motor vehicle while under the influence.
Under the law, there are two ways in which a person can be convicted of this charge.
- Per se under the influence based on blood alcohol level: You are automatically considered legally impaired with a BAC of 0.08 grams per 100 mL of blood or 0.08 grams of alcohol per 210 liters of breath. This is known as being “per se” under the influence, and it applies even if you appear sober.
- Impaired faculties: Florida law also allows for drunk driving charges based on impaired faculties if alcohol or drugs affect your normal abilities. This determination is more subjective and relies on observation by law enforcement. However, the law requires proof that the defendant was impaired by drugs or alcohol–this could be illicit drugs or even over-the-counter and prescription medications.
Florida’s DUI law includes not just driving but also being in control of a vehicle. This means you can be charged even if the vehicle isn’t moving. If you’re sitting in the driver’s seat with the keys in the ignition, you’re likely going to be deemed to be in “actual physical control.” On the other hand, those in the backseat without the ability to drive are generally not considered in control.
Understanding DUI laws in Florida is essential for anyone facing these charges. Navigating the legal system can be overwhelming, but being informed about your rights and obligations can help you manage this difficult situation.
What Are the Penalties For DUI Convictions in Florida?
The consequences of a DUI conviction in Florida are severe. They can include a combination of fines, license suspension, mandatory education programs, and even incarceration.
Specifically, here’s what you might expect, depending on the specific facts:
- First DUI conviction: For individuals facing their first DUI charge, you are looking at a fine ranging from $500 to $1,000, jail time of up to 6 months, probation for one year, and 50 hours of community service. If your BAC was over 0.15 or if a minor was in the car, jail time could be extended to nine months. Your license will typically be suspended for six months.
- Second DUI conviction: If you find yourself with a second conviction for DUI, expect the penalties to increase. Fines jump to between $1,000 and $2,000. Jail time can reach up to nine months, but this goes up to 12 months if aggravating factors are present. Your license will be suspended for up to 5 years. Additionally, you’ll need to install an ignition interlock device in your vehicle for at least one year once you get your license back.
- Third DUI conviction: A third DUI offense can escalate your charge to a felony if the offense occurred within ten years of the previous convictions. Penalties here become more severe, with heavier fines and extended jail time, particularly when aggravating circumstances are a factor. You may face a license suspension of up to 10 years.
- Fourth DUI conviction: Facing a fourth DUI, no matter the time span between offenses, automatically results in a felony charge. A conviction at this level carries significant consequences, including the permanent revocation of your driver’s license.
- DUI manslaughter or serious injury: If your DUI results in manslaughter or serious injury, the penalties become much more severe. Fines can reach up to $10,000, and you might face prison time ranging from 4 to 15 years and up to 30 years if you fled the accident scene.
These penalties reflect the seriousness with which Florida treats DUIs, especially with repeated violations or circumstances involving harm or danger to others. It’s essential to fully understand the consequences and seek legal guidance if you are facing these charges.
What Defenses Can Be Raised If I’m Arrested For DUI in Lakeland?
Facing a DUI charge can be overwhelming, but understanding potential defenses can help you navigate the situation.
Below are some common defenses that can be considered in DUI cases.
- Improper stop: One possible defense is arguing that the police had no valid reason to stop your vehicle in the first place. If the stop was made without reasonable suspicion of a traffic violation or crime, any evidence gathered during the stop might be inadmissible, meaning it cannot be used against you.
- Faulty breathalyzer test: Breathalyzer machines are not infallible, and they can occasionally produce incorrect results. Issues with machine calibration, maintenance, or operator error can lead to false readings that do not accurately reflect your blood alcohol concentration.
- Rising blood alcohol content: Sometimes, your BAC might have been below the legal limit while you were driving but rose above it by the time you were tested. Showing that your BAC increased naturally after driving due to alcohol absorption can be a valid defense.
- Not driving or in control: Another potential defense is proving that you were not actually driving or in control of the vehicle at the time of the alleged offense. If you were merely present in the vehicle but not operating it, or if someone else had control of the car, this could weaken the prosecution’s case. For instance, if you were asleep in a parked car, it may be possible to argue that you were not in violation of DUI laws.
- Not under the influence of drugs or alcohol: Another defense in a DUI case could involve demonstrating that you were not impaired by drugs or alcohol at the time of the alleged offense. This can be pursued if it can be shown that the blood, breath, or urine test results indicating substance presence were inaccurate. Additionally, you may argue that signs of impairment were due to other factors such as fatigue, illness, or a medical condition rather than intoxication.
Each DUI case is unique, and the best defense depends on the specifics of your situation.
How Can a DUI Defense Lawyer Help Me?
If you’re facing a DUI charge in Lakeland, FL, we can assist you with the following:
- Comprehensive legal defense: Our firm will provide a thorough analysis of your case. We will explore all possible defenses and ensure that your rights are upheld throughout the legal process.
- Negotiation with prosecutors: We have extensive experience negotiating with prosecutors to achieve favorable outcomes, such as reduced charges or alternative sentencing options.
- Knowledge of local laws and procedures: As local DUI lawyers, we have in-depth knowledge of Lakeland’s legal system, including its DUI laws and procedures.
- Expert witnesses: In some cases, expert witnesses can provide valuable testimony to support your defense. We have access to a network of experts who can strengthen your case.
For help, reach out to our Lakeland DUI defense attorney to discuss your case.
Call Our Lakeland DUI Defense Lawyer For a Confidential Case Evaluation
Facing a DUI charge can be an overwhelming experience, but understanding your rights and potential defenses is crucial. Each case presents its own set of circumstances and challenges, which require help from an experienced criminal defense attorney. We can evaluate your case and determine the most effective defense strategy.
You should seek legal guidance as soon as possible after a DUI arrest to increase your chances of a positive outcome. For help, contact Thomas C. Grajek, Attorney At Law to schedule a consultation with a Lakeland DUI attorney. You can also visit our Lakeland office.