Drunk Driving Lawyer in Polk County

Defending Clients When the Stakes are High

Many people who are arrested for DUI in Florida are shocked to be in this scenario. Good people can make mistakes, including driving after having a drink or two. In other cases, the person was not driving while intoxicated, and the law enforcement officer made a mistake. A criminal defense attorney can help bring the truth to light, ensuring you do not face an unfair DUI conviction.

If your impared driving accident resulted in property damage or bodily injury of another person, or if you have repeat DUI arrests, you could face serious penalties that could affect you for the rest of your life. You could have your license suspended, be forced to use an ignition interlock device, lose your professional license, and face incarceration. However, this doesn’t have to be the end of your story.

As soon as you are placed under DUI arrest, you should reach out to DUI lawyers immediately. The attorneys at The Law Firm of Gil Colón, Jr. understand the complications of DUI cases in Florida. We can help defend you against a felony DUI conviction, including DUI manslaughter. We can also assist you in signing up for DUI school in order to obtain a hardship drivers license, if you qualify for one. We can also help avoid jail or significantly reduce the amount of jail time.

Whether this is your first DUI or your fourth or subsequent offense, you need an experienced DUI lawyer to defend your freedom and get you the best possible outcome in your case. Our team of DUI lawyers is standing by to help you through this complex process and get back to your life. Call now to get the legal counsel and representation you need. You can reach us at 863-622-9602 to schedule a free consultation.

What Are Florida’s DUI Laws?

Florida law permits police officers to pull over any impaired individual whom they suspect is driving under the influence of drugs and alcohol. If you are not guilty of reckless driving but are still caught driving with a blood alcohol level over the legal limit, you could still be convicted of a per se DUI.

A DUI conviction is possible if you are found to be operating a vehicle while:

• Under the influence of illegal drugs or prescription drugs
• Your blood alcohol concentration (BAC) is 0.08% or higher
• You have a BAC of 0.02% or higher if you are under age 21

Please note that these laws also apply to those operating watercraft. Individuals placed under DUI arrest are required to undergo testing, such as a breath test or urine test. If you do not submit to the testing, you will be subject to mandatory license revocation for at least one year. This may also reflect poorly on you during your trial, so please don’t think that refusing a test will necessarily help you avoid a DUI conviction.

How Does Being a Minor Affect My DUI Charges?

Underage drinking and driving is a serious charge in Florida. You should act quickly to hire a DUI defense attorney who understands Florida law and will fight aggressively to beat your charges if possible. You could have your license suspended, preventing you from being able to work, study, or live your life as you would like. You could also face disciplinary action from your school or university. The same consequences exist for those who drive while under the influence of an illegal or prescription drug.

If you are a minor in Florida, the following laws apply to you:

• You may face six months of license suspension for driving with a BAC between 0.02-0.08%.
• You will be treated the same as any adult guilty of a standard DUI if you are caught driving with a DUI of 0.08% or higher.
• Refusing a blood alcohol test can result in license suspension of at least one year.
• You may be subject to disciplinary action at your high school or university.
• You could be fired from your job.
• You will likely have increased insurance premiums.
• You may be eligible for a hardship license, which a DUI defense lawyer can help you obtain.

Am I Required to Take a Breathalyzer Test in Florida?

While you have the right to refuse a breathalyzer test in Florida, you may face additional penalties for doing so. The breath test is often times unreliable and often administered poorly by law enforcement officers, so it is understandable to hesitate before taking it. However, Florida uses implied consent laws, which means that when you obtained a driver’s license, you consented to have your BAC tested by police officers who suspect you are driving under the influence. If you refuse, you could face license suspension of at least one year.

On the other hand, field sobriety tests, such as walking in a straight line or following a light with your eyes, are not required and can be refused without penalty. If you have any questions about your rights when placed under DUI arrest, reach out to our team of attorneys immediately.

What Are the Steps of the DUI Charge Process?

The DUI legal process can be complicated and overwhelming. You may be in shock that you are suspected of drunk driving in the first place. You could also feel immense guilt for the anguish your actions have caused innocent victims. When dealing with these strong emotions and complex legal issues, you need attorneys who can walk you through each step and protect your rights along the way.

Some of the basic steps of the Florida DUI legal process include:

• First Appearance – The first appearance or bond hearing occurs soon after your arrest. You will appear before a judge who advises you of your charges and bond amount.
• Arraignment – At the arraignment, you enter your plea of guilty or not guilty. This is a quick hearing that your attorney can handle without you appearing in person.
• Pre-trial Negotiations and Hearing – Your attorney will meet with the prosecution and discuss potential negotiations, including case dismissal. Your lawyer can bring up issues such as instances where your rights were violated.
• Trial – If your case goes to trial, you may experience a bench trial, where your case is heard before a judge, or a jury trial, where a jury of your peers hears the evidence and makes a decision.

Reach out to our legal team for excellent counsel and representation at every stage of the process. We have a great deal of experience negotiating and getting successful results without even going to trial. If your case does go before a judge or jury, we will rely on our decades of experience as litigators to fight for the favorable outcome you’re looking for.

What Penalties Could I Face for a DUI Conviction in Florida?

The penalties for DUI depend on many factors, including whether previous convictions occurred or if you caused harm to another person through your actions. Some of the penalties for DUIs under Florida law include:

• First-time offenders – If this is your first DUI conviction, you may face fines between $500-$1,600+ and up to six months in jail. You could have your driver’s license suspended for up to 1 year and face vehicle impoundment. You may also need to use an ignition interlock device for at least six months if your breath alcohol level is above .15.
• Second DUI conviction – A second conviction can mean increased fines of up to $2,000+, nine months in jail, and a minimum license suspension of five years. You may have an extended period of required ignition interlock device use if the 2nd DUI occurred within 5 years of the first DUI.
• Third-Time DUI – With a third DUI conviction, you could be fined anywhere from $2,000 to $5,000 and be sentenced to up to 12 months in jail. You could lose your driver’s license for ten years or more and face additional penalties depending on the circumstances of the incident.
• Fourth DUI and additional repeat offenses – A fourth DUI conviction and beyond can result in fines of at least $2,000 with no maximum limit, five years in prison or more, and indefinite license suspension.
• DUI manslaughter – This is the most serious charge in DUI cases and can lead to a minimum fine of $10,000 with imprisonment of at least four years and license revocation of at least three years.

What Options Do I Have to Stay Out of Jail?

The best action to take depends on the unique circumstances of your case. In some DUI cases, it is appropriate to fight the DUI conviction and get the case dismissed. In other scenarios, you can provide proof that your rights were violated and get your charges lowered. There are DUI diversion programs available to persons that qualify.

Some defenses that can help you fight your DUI charge include:

• Mistaken identity, or that you were not the person driving
• Inaccurate results in the breath test or chemical test
• Law enforcement officials violated your rights
• You were not impaired

Fighting your charges can help keep you from having a criminal record or going to jail. In some cases, you can get a reduced sentence through negotiations while working with knowledgeable Polk County DUI defense lawyers. Some of your options include:

• Attending DUI school
• Completing community service
• Serving time on probation instead of in jail
• Completing a drug and alcohol addiction recovery program or similar diversion program

What Additional Factors Could Affect My DUI Case?

While the above penalties apply to most DUI cases, it is possible to have more serious charges, even up to a second-degree felony. Some of the more serious aggravating factors in your DUI charge could include:

• Whether your BAC was significantly over the legal limit according to a breath test or chemical test
• Previous criminal history, including previous DUI arrests on your criminal record
• Refusing to cooperate with police officers
• Whether you caused an accident that resulted in severe property damage or bodily injury
• Causing the death of another person, also known as DUI manslaughter, which is a second-degree felony

If you have any of the above involved in your case, you could face enhanced charges that lead to heftier fines and longer jail time. However, there is still hope. When you hire a criminal defense attorney like those at The Law Firm of Gil Colón, Jr., you can rest assured that your case is being handled with utmost care and skill. We will fight to protect your constitutional freedoms and get your charges lowered, thrown out, or any jail penalties reduced. Call right away to learn more about how we can help.

Are There Any Defenses to a DUI in Polk County?

Many people think there is no point in fighting a DUI charge, but that couldn’t be farther from the truth. With skilled DUI lawyers on your side, you can win against DUI charges in Polk County. You can avoid a conviction that makes keeping your professional or driver’s license impossible. You can also obtain a hardship license to drive while your suspension is still in effect and preserve a clean criminal record to make it easier to obtain employment and keep custody of your children.

Some of the defenses that can be effective in a Florida DUI case include:

• Challenging the validity of the evidence
• Challenging the traffic stop that got you arrested
• Identifying other ways your rights were violated during the investigation to get evidence thrown out
• Working with witnesses to get accurate character testimonies
• Police error when administering the breath test or chemical test
• Mistaken identity, meaning you were not the person driving the vehicle
• Providing medical explanations for a failed breath test
• Negotiating a plea deal to get your charges lowered or dismissed

Call our law firm immediately for help navigating the investigation process and creating a strategic defense that protects you from an unfair conviction.

Why Do I Need a Lawyer to Handle My DUI Case?

It can be scary to be arrested for drunk driving in Florida. With the risks of a DUI conviction, it is imperative that you seek immediate legal help. It is also essential that you choose an experienced lawyer who is dedicated to your case and will fight aggressively for a positive outcome. You need attorneys who understand Florida law, have decades of experience as litigators, negotiate on behalf of clients, and are formidable in court.

How Much Does it Cost to Hire a DUI Lawyer?

Many people wonder if hiring a defense attorney is worth the cost. Facing a DUI conviction can be devastating for many individuals and their families, making it well worth it to spend the money on a talented legal team. At The Law Firm of Gil Colón, Jr., we offer a free consultation to get the answers you need now at no risk. We offer affordable rates because we believe everyone deserves to be defended by knowledgeable attorneys who are watching out for those best interests.

While we don’t mind providing you an estimate over the phone, your case is unique, so we can’t give an accurate estimate without meeting you in person. Please reach out today to learn more about how we can help and what costs you can expect in your DUI case.

Should You Hire Our DUI Defense Attorneys?

DUI cases are notoriously complicated and emotionally charged. Law enforcement has become understandably aggressive in “cracking down” on drunk driving, which can lead to unfair convictions and innocent people paying for crimes they didn’t commit. Don’t become another statistic in the DUI enforcement arena. Call our law firm right away to get representation at this critical time.

Our team of attorneys has over 35 years of experience defending clients, including DUI cases. Our founding attorney has spent many years as a litigator, including time working as a prosecuting attorney. We are very familiar with how law enforcement and prosecutors investigate and prosecute these cases.

We are committed to using our knowledge, skills, and dedication to fight for your best interests no matter what problems arise. We will communicate with you throughout the process so you know what to expect, and we offer bilingual services for Spanish-speaking individuals. Call today to schedule your confidential, risk-free consultation at 863-334-3270.