Were you arrested and charged with a DUI in Polk County, FL? If so, you need to defend yourself. An experienced Polk County DUI defense lawyer at Thomas C. Grajek, Attorney At Law, can help you. With a lawyer, you may be able to get a reduced sentence or even avoid getting convicted. Call us at (863) 688-4606.
Tom Grajek, of Thomas C. Grajek, Attorney At Law, has practiced law for over 25 years and has recovered significant compensation for his clients. He has proudly advocated for people charged with all types of crimes, including DUIs. Attorney Grajek will pursue every viable defense in your case.
Contact a Polk County DUI defense lawyer at Thomas C. Grajek, Attorney At Law to schedule a consultation.
How Thomas C. Grajek, Attorney At Law Can Help if You Are Arrested for a DUI in Polk County, FL
A DUI may seem like a minor charge, but it is taken very seriously in Polk County, Florida. If this is your first DUI or you have never been charged with a crime before, you may feel scared and alone. Don’t let your DUI charges keep weighing you down.
Our Polk County DUI defense attorney at Thomas C. Grajek, Attorney At Law can help. We will fight to get your DUI charges reduced or dismissed. If you are convicted, we will work toward a lenient sentence.
Every DUI case is different. However, you can rely on us to:
- Explain the charges and potential penalties
- Identify strong defenses
- File a bond motion
- Collect and review evidence
- Communicate with the prosecutor
- Negotiate for a fair plea deal or reduced charges
- Represent you at every court hearing
- File pretrial motions
- Stand up for you in trial
- Argue your case in front of a jury
If you are convicted, a Polk County criminal defense attorney will fight for you to avoid jail time that can completely upend your life. It may feel overwhelming when you are charged with a crime, but hiring an experienced criminal defense attorney is the smartest decision that you can make.
Call us to schedule a consultation as soon as possible.
Overview of DUI Laws in Florida
DUI means driving under the influence. Under Florida law, someone is guilty of driving under the influence if:
- The person’s normal faculties are impaired,
- The person’s blood alcohol level is .08 or more, or
- The person’s breath alcohol level is .08 or more
Florida’s DUI statute applies to driving under the influence of alcohol and drugs.
Types Of DUI Charges In Florida
There are several different types of DUI charges in Florida. In general, the charges become more serious if you have already been convicted of a DUI in the past. There are also aggravating circumstances that can lead to a more serious charge.
First Offense DUI
A first-offense DUI is reserved for someone who has never been convicted of a prior DUI in Florida or any other state. It is usually a misdemeanor charge unless there are aggravating circumstances.
Second Offense DUI
In most cases, a second offense DUI is also a misdemeanor. However, there are increased penalties.
Third Offense DUI
A third DUI offense committed within ten years of the prior offense is a felony, but if it was committed outside of the ten years is generally a misdemeanor.
Fourth or Subsequent Offense DUI
If you are convicted of a fourth or subsequent DUI (no matter the period between charges), it is a felony and has serious consequences.
DUI Manslaughter
If you are convicted of contributing to someone’s death while driving under the influence, this is called DUI manslaughter. This is extremely serious and carries a mandatory prison sentence.
Commercial Driver’s License DUI
The DUI laws for drivers with a CDL are more strict than regular drivers. The legal limit is .04 instead of .08. A CDL conviction can result in a criminal record and jeopardize your work.
Evidence Of DUI
When police pull over someone who they suspect is driving under the influence, they will attempt to gather evidence of the DUI. This evidence may include police observations, field sobriety tests, a breathalyzer, or a blood alcohol test.
Police Observations And Field Sobriety Tests
Police may observe signs of intoxication, including:
- Slurred words
- Odor of alcohol
- Open containers in the car
- Bloodshot eyes
Additionally, police often ask drivers to perform field sobriety tests to determine probable cause of a DUI. The most common types of field sobriety tests are:
- Horizontal gaze nystagmus test
- One-legged stand test
- Walk-and-turn test
Unfortunately, field sobriety tests are notoriously unreliable. Even if you failed the field sobriety tests, there may be a defense in your DUI case.
Breath And Blood Tests
In addition to collecting evidence through observation and field sobriety tests, the police may request drivers submit to a breath or blood test.
A breath test is far more common, and most police officers have a breathalyzer in their car. The officer will ask you to blow into the breathalyzer, and the machine will display an approximated BAC. If the BAC is .08 or above, the police will arrest you.
Sometimes the police may ask you to submit to a blood draw to establish your BAC. A blood draw is more accurate than a breathalyzer. However, an officer can only request a blood draw if it is impractical to give a breath test, in certain serious cases, or if they have consent.
Contrary to popular belief, you cannot refuse to take a breath or blood test. This rule is called implied consent. If you refuse, the court will suspend your license for a year, and it may affect your DUI case. If you refuse on a second or subsequent DUI charge, you may face additional criminal charges for refusal.
What Are the Penalties for a DUI Conviction in Polk County?
You should take your DUI charge very seriously because the Polk County judges will. There are a variety of penalties for a DUI conviction ranging from diversion, jail time, fines, license revocation, and more.
- First Offense DUI: up to 6 months in jail, a minimum $500 fine and license suspension
- Second Offense DUI: up to 9 months in jail, a minimum $1000 fine, and a five-year license suspension
- Third Offense DUI (Within Ten Years): 1-12 months in jail, a minimum $1000 fine, and a 10-year license suspension
- Fourth or Subsequent Offense DUI: up to 5 years in prison, a minimum $2000 fine, and permanent license revocation
- DUI Manslaughter: minimum of four years and up to 30 years in prison, fine up to $10,000, and permanent license revocation
If you are convicted of a felony DUI, you will also face collateral consequences for having a felony on your criminal record. Your conviction will make it more difficult to find jobs, housing, and access to certain government resources. You may also lose your right to vote and own a firearm.
What Defenses Can Be Raised if I Am Accused of a DUI in Polk County, Florida?
Many clients are worried that they don’t have a defense in their DUI case, especially if they submit to a breath or blood test. Usually, this couldn’t be further from the truth. While DUI cases can be hard to win, there are usually many technical defenses available.
Some of the most successful defenses are also the most common and basic ones. This may include:
- Arguing that you were not impaired by alcohol or drugs
- The breathalyzer was inaccurate
- There was an error in the blood test or blood draw
- There was no reasonable suspicion for the police to pull you over
- There was no probable cause for a DUI arrest
- You have an underlying medical issue that presents as being under the influence
- The field sobriety tests were unreliable or conducted improperly
Additionally, in every criminal case, including a DUI, the government has the burden of proof. The burden of proof is beyond a reasonable doubt, which requires a lot of convincing evidence. If the prosecutors don’t have enough evidence to prove each element beyond a reasonable doubt, then you will not get convicted of the DUI.
The defense is never obligated to produce any evidence, though it may be appropriate in certain cases. That means that we can call witnesses or introduce evidence in pretrial hearings or during trial.
A Polk County DUI defense lawyer can explain the most powerful defense in your case. You may have multiple defenses available to convince the judge or jury that you are not guilty. Furthermore, a strong defense may convince the prosecutor to dismiss or reduce the charges.
Call our office to schedule a consultation and discuss all of the defenses in your case.
Contact A Polk County DUI Defense Lawyer for a Consultation
The worst thing that you can do is assume that the prosecutor will drop the charges and realize that you are not guilty. You need an experienced advocate to argue for that.
Call a Polk County DUI defense lawyer at Thomas C. Grajek, Attorney At Law to discuss your case during a consultation. The sooner that you begin working with a lawyer, the sooner that you can get justice.
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