Gainesville Lawyer Fletcher is an
AV® Peer Review Rated
Criminal Defense attorney who represents
clients in Federal and State criminal matters across the State of
Florida. |
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Gloria W.
Fletcher, P.A. |
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4510 NW
6th Place 3rd Floor
Gainesville, Florida 32607 |
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A conviction for driving
under the influence (DUI) can be detrimental to your
record. For this reason, it is imperative to have a
thorough understanding about your legal rights. Under
Florida law, there are two ways to prove one is driving
under the influence – by impairment of normal faculties
or though a chemical test, which shows the person has an
unlawful blood alcohol level of .08% or above. Despite
the method to prove the offense, the penalties upon
conviction are the same. There are several ways that law
enforcement can prove that that you are driving while
under the influence.
"Per Se" Blood Alcohol Concentration (BAC) Level
Since 2005, Florida has enacted "per se intoxicated" any
driver with a blood-alcohol concentration (BAC) at or
above .08 percent. By definition, drivers with a BAC at
or above .08 are considered legally intoxicated. At this
point, no additional proof of driving impairment is
necessary.
Zero Tolerance Blood Alcohol Concentration (BAC)
Level
Florida carries zero tolerance laws that are aimed at
drivers under the legal drinking age. These laws
penalize anyone under 21 for operating a vehicle with
any trace of alcohol in their system, or with negligible
BAC levels, such as .01 or .02 percent.
Enhanced Penalty Blood Alcohol Concentration (BAC)
Level
Florida may enforce stricter penalties on DUI offenders
with a high BAC at the time of the offense, on average
.15 to .20 percent. DUI offenders with a BAC at or above
Florida’s enhanced penalty standards may face added jail
time, heftier fines, and more severe driver's license
restrictions.
Implied Consent Laws
If suspected, "implied consent" laws require drivers to
submit to a chemical test, such as breath, blood, or
urine testing. A driver can refuse to the chemical test,
but will face penalties that may include the suspension
or revocation of the driver’s license.
Penalties
Any DUI violation that results in property damage is a
first degree misdemeanor. Any DUI violation that results
in the death of another is DUI manslaughter and is
either a first or second degree felony. Lastly, any
violation that results in a serious bodily injury to
another is a third degree felony.
The consequences of a DUI conviction can be serious and
life changing. If convicted, you could lose your
license; pay astonishing fines, and be forced to give up
your freedom. When it comes to your livelihood, do not
take any chances. Contact a dedicated legal
representative today to get started on your defense. |
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Call 352.374.4007
today for a confidential consultation if you or a loved one
are in need of a Gainesville attorney.
The hiring of a Gainesville lawyer is an important
decision that should not be based solely upon advertisements.
Before you decide, ask us to send you free written information
about our qualifications and experience. This web site is
designed for general information only. The information
presented at this site should not be construed to be formal
legal advice nor the formation of a Gainesville
attorney/client relationship.
Copyright © 2010 Gloria W Fletcher, P.A. All rights reserved. |
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