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DUI Lawyers in Punta Gorda, FL
O’Halloran & Foley are DUI attorneys in Punta Gorda, Florida that may be able to assist you if you are facing charges of drinking and driving. The consequences of a drunk driving conviction can haunt you for a long time. You can end up with a criminal record, and may even be required to serve jail time. In the state of Florida, driving with a blood alcohol content (BAC) over 0.08% is a criminal offense. If you are driving on a commercial driver’s license, you will be charged if you drive with a BAC over 0.04%. Additionally, anyone who drives with a blood alcohol content of 0.15% or higher will face harsher penalties.
When stopping a person under the suspicion of drunk driving, police have great powers when it comes to gathering evidence. One of the strongest tools that police have is the law of “implied consent.” What is this law and how might it affect you if you are stopped under the suspicion of drunk driving? Florida Statute 316.193 governs Driving Under the Influence in the State of Florida. Florida law requires all drivers lawfully arrested for a DUI to consent to a chemical test of their breath, blood, or urine to determine the presence and amount of alcohol or drugs in their system. This is called the law of “implied consent,” and it imposes a one-year license revocation on drivers who refuse this testing. The first time a driver refuses this testing, the DMV will impose an administrative sanction and revoke the driver’s license for one year. Under the law of implied consent, the DMV imposes an 18-month revocation for a subsequent refusal. The fact that a driver refused testing can be used at trial to prove culpability. Prosecutors often refer to it as consciousness of guilt. A breath test refusal by a driver with a prior refusal violation can be charged with a misdemeanor which carries a maximum fine of $1,000 and up to one year in jail.
Driving while impaired from alcohol or drugs (DUI) is a serious crime in Florida, and a variety of criminal penalties can apply. If convicted, you could face a Driver’s License suspension or revocation, jail time, fines, and more. By working with an experienced attorney can you ensure the best possible outcome in your case. Sean O’Halloran and Robert Foley are both former state prosecutors. They have handled hundreds of DUIs, from the simplest to the most complex. If you have been arrested for DUI in Charlotte County, Florida, contact the O’Halloran and Foley Law Firm for a free consultation.