How Your DUI Attorney Can Prevent You Going to Jail

by | Jan 5, 2012 | legal

DUI is a very serious offense in the US as more and more individuals are suffering grievous harm in accidents caused by DUI. Driving intoxicated causes substantial property damage. If you have been charged with DUI you can be penalized in a number of ways:

* your license may be suspended
* your license may be revoked
* you may be mandated to attend rehab
* you may be forced to serve a jail term

Laws vary from state to state about the penalties, but in most states they are quite harsh. In order to lessen the charge or get the charges dropped you might need to consult a DUI attorney. The attorney will try to mitigate your punishment. Anyone who is found driving with BAL (Blood alcohol levels) levels above the legal limit will be arrested and subject to fines and penalties. Age of the driver and type of license he or she holds aan also any prior DUI offense will dictate the punishments the offender might expect. The degree of punishment is also dependent on the BAL at the time of testing. Under many state laws, drivers’ license holders are bound under an implied consent law. This means that the licensed driver agrees to submit to a breathalyzer or chemical test if a law enforcement officer suspects he or she is intoxicated. Those refusing to oblige will have that held against them during further hearings. Refusal might entail suspension of driver’s license for a year. Subsequent refusals will each merit an 18 month suspension of license. If the driver causes an accident that causes bodily harm or death of an innocent victim, the arresting officer maintains the right to forcibly take a driver’s blood sample for analysis.

If the offender causes property damage while DUI, the State of Florida considers it a misdemeanor of the first degree. Drinking under influence of alcohol resulting in the personal bodily harm would result in third degree felony charges for the driver.

For first time offenders in states like Florida, the punishment may vary from impounding the vehicle for 10 days to a fine from $1000 – $2000 and nine months’ imprisonment depending on the severity of the accident and other factors as mentioned before. The severity of punishment is enhanced with every subsequent offense. In some cases the breath test may be conducted with a faulty device or the driver booked on suspicion alone. These cases merit the advice of a DUI attorney. Clearwater residents may seek the legal advice of lawyers who will try to clear charges if you are falsely charged for DUI.

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