Sarasota DUI Lawyer

Proudly Serving Sarasota County and Surrounding Areas

Law enforcement has the right to pull over any driver suspected of driving under the influence. 

Officers can request the driver perform certain sobriety and breathalyzer tests. A refusal can result in an automatic one-year driver's license suspension. A sobriety test consists of simple mental and physical tasks that the driver must perform. 

If the officers believe the driver is unable to pass the field sobriety test, then a breathalyzer test may be the next action.

A driver with a blood alcohol measure of 0.08% or higher is deemed legally drunk and too impaired to operate a motor vehicle safely. 

An individual charged with a DUI should contact a Sarasota criminal defense attorney for legal assistance and guidance as to the correct steps to take following a serious DUI criminal charge. 

The Miller Law Firm, P.A. defends all types of misdemeanor and felony DUI cases. Our extensive experience in handling DUI cases helps us tailor defenses that take into account the unique aspects of each client's situation. We are well-versed in dealing with complex scenarios such as those involving out-of-state drivers or commercial vehicle operators, ensuring that every angle of the case is thoroughly examined.

Facing a DUI Charge in Sarasota? Schedule a Free Consultation!

Sarasota DUI Penalties

Once officers pull over a suspected driver, they gather information and look for open alcohol containers, the presence of minors in the vehicle, and carefully note the behavior of the driver. 

Many factors can influence a DUI case and the extent of penalties issued at sentencing. Multiple DUI convictions, traffic accidents with injuries or fatalities, or a hit and run can increase DUI penalties considerably. 

An individual faces the loss of certain rights and freedoms if convicted of a DUI. It is crucial to seek legal representation from an experienced DUI defense attorney in Sarasota County who can protect clients' rights during all phases of their DUI case.

Penalties for DUI convictions can include:

• Jail time, probation, and/or fines.
• Driver's license suspension, vehicle impoundment.
• Ignition interlock device.
• DUI classes, alcohol evaluation and treatment programs.

DUI penalties in Florida are harsh, reflecting the seriousness with which the state treats impaired driving offenses. Besides the immediate penalties, a DUI conviction can have long-term implications such as increased insurance premiums and potential impacts on employment opportunities. It is also important to consider that subsequent offenses within ten years can lead to felony charges, emphasizing the need for strong legal defense from the outset.

How Likely is Jail Time for First DUI in Florida?

A first DUI conviction in Florida can result in up to six months in jail. However, the time can vary depending on the severity of the case. For example, if your blood alcohol content (BAC) is over 0.15 or if there is a minor in your vehicle, the fine will be between $1,000 and $2,000. You face up to nine months imprisonment.

A felony DUI conviction can result in prison and increased penalties. When facing serious charges that can adversely affect the future of the suspected DUI offender, it is essential to have an effective and aggressive legal defense. 

First-time offenders may also be eligible for probation instead of jail time, provided certain conditions are met during the probation period. Alternatives like community service or attending educational programs on drunk driving may be available, advocating the importance of securing a knowledgeable legal advocate to explore all possible avenues of defense and mitigation.

Attorney Scott Miller, our firm's DUI defense lawyer in Sarasota, knows how the DMV hearings and criminal court systems work and how to get results for his clients. Make an appointment today for a consultation with a DUI defense attorney.

What is the 10-Day Rule for DUI in Florida?

In Florida, the 10-day rule is a time frame after arrest for a DUI that allows drivers to maintain some or all of their driving privileges. After the tenth day, your driver's license will either have a full suspension, be suspended with work privileges, or be reinstated—depending on your actions.

Florida DUI charges can be dismissed for several reasons, including: 

• Reasonable doubt
• Violation of constitutional rights
• Medical conditions
• Vehicle codes
• Refusing a breathalyzer test or blood draw
• Record of arrest
• Taking a plea deal
• Participating in a pre-trial diversion program
• Insufficient evidence
• Misleading statements from a police officer

The 10-day rule is crucial because it provides a narrow window for those accused to contest the administrative suspension of their driver's license. Engaging with a DUI attorney in Sarasota swiftly can be pivotal in navigating this process effectively. Our firm can assist you through every step, from obtaining a temporary permit to representing you at the administrative hearing and advising on the best course of action to safeguard your driving privileges.

What Can a DUI Attorney Do For Me?

Hiring a lawyer for a DUI charge in Florida is strongly recommended. This recommendation is because of the complexity of the law and the potentially severe consequences.

A first-time DUI in Florida is a serious matter. A Florida defense attorney with experience handling DUI defense cases can make a big difference in your first case. 

Here are some of the things The Miller Law Firm, P.A. can provide for you:

Legal Knowledge: 

• DUI attorneys have a deep understanding of DUI laws, regulations, and procedures in your jurisdiction. They can assess the strength of the case against you and identify potential legal defenses or issues that may work in your favor.

Defense Strategy: 

• DUI attorneys will work with you to develop a defense strategy tailored to your specific case. This strategy may include challenging the validity of the traffic stop, the accuracy of field sobriety tests, the reliability of breath or blood tests, or other evidence in your case.

Protection of Your Rights: 

• An attorney will ensure that your constitutional rights are upheld throughout the legal process. They can help protect you from unlawful searches and seizures, ensure due process is followed, and protect your Fifth Amendment right against self-incrimination.

Negotiation with Prosecutors: 

• DUI attorneys can negotiate with prosecutors on your behalf to potentially reduce the charges or penalties you face. They may be able to secure a plea bargain that minimizes the impact of a DUI conviction.

Trial Representation: 

• If your case goes to trial, a DUI attorney can represent you in court. They will present evidence, cross-examine witnesses, and argue on your behalf to secure the best possible outcome.

Knowledge of Florida Laws: 

• Florida laws can vary across the state, and they can be complex. A DUI attorney is well-versed in the specific laws and regulations in your jurisdiction, helping you navigate the legal landscape effectively.

Evaluation of Evidence: 

• Attorneys can carefully review the evidence against you, including police reports, chemical test results, witness statements, and video recordings, to identify weaknesses or errors that can be challenged in court.

Minimization of Penalties: 

• A DUI attorney can work to minimize the potential penalties associated with a DUI conviction, such as fines, license suspension, mandatory alcohol education programs, probation, or jail time.

Driver's License Suspension: 

• If your driver's license is at risk of suspension due to a DUI arrest, an attorney can help you navigate the administrative hearing process to challenge the suspension and, in some cases, help you retain your driving privileges.

Legal Guidance: 

• Florida DUI attorneys can provide you with legal advice throughout the entire process, helping you make informed decisions about your case.

Additionally, a DUI attorney can offer support and advice on supplementary consequences such as employment issues and maintaining a professional license. They can also assist with record sealing or expungement options where applicable, which is an important step in mitigating the long-term impact of a DUI charge.

Understanding Florida's DUI Diversion Programs

Florida offers DUI diversion programs aimed at providing offenders with the opportunity to reduce the long-term impact of their DUI arrest. These programs are particularly beneficial for first-time offenders or those with lesser charges, allowing participants to complete specific requirements in exchange for reduced sentencing or dropped charges.

In Sarasota County, diversion options may include attending educational sessions on substance abuse, engaging in community service, or adhering to periods of probation. Successful completion can lead to charge reductions, eliminating the risk of a permanent criminal record. Accessing these programs requires legal navigation to ensure eligibility and adherence to guidelines. At The Miller Law Firm, P.A., we guide clients through this process to optimize outcomes, offering a chance for rehabilitation and a clear path forward.

Contact us today for legal representation on your DUI case in Sarasota and surrounding areas. 

Frequently Asked Questions About DUI Defense in Sarasota

What Should I Do Immediately After a DUI Arrest?

After a DUI arrest in Sarasota, your actions can significantly impact your defense strategy. Firstly, it's crucial to remain calm and cooperate with law enforcement while carefully noting all details of the interaction, as these could be vital later. Do not admit guilt or provide unnecessary information. Once released, document everything you remember about the arrest, as these notes will help your attorney craft a defense.

Contact a DUI defense attorney in Sarasota immediately to understand your rights and the options available. The The Miller Law Firm, P.A. can be reached at (941) 275-2489 for a comprehensive consultation. Acting quickly also helps in preserving any evidence, such as videos or witness statements, that could be pivotal in your defense.

Do Refusals to Take the Breath Test Affect My Case?

Refusing a breathalyzer test during a DUI stop in Sarasota can have immediate and significant ramifications. According to Florida’s implied consent law, refusal can lead to a one-year driver’s license suspension if it’s your first offense. While declining a test may prevent direct evidence of blood alcohol concentration, it does not eliminate all potential penalties or a DUI charge.

Refusal might be used in court against you, suggesting you believed you were intoxicated. An attorney at The Miller Law Firm, P.A. can assess the refusal's impact on your defense strategy and challenge any legal missteps made by the arresting officer. We assist clients in balancing risks and strategizing the best path forward to minimize case impacts.

How Long Does a DUI Stay on My Record?

A DUI conviction in Florida is generally a permanent mark on your driving record and can remain a lasting stain on your criminal history. Unlike other states, Florida doesn’t allow DUI expungement or sealing if a conviction is obtained. However, entering a plea for a lesser charge could potentially reduce these impacts, underscoring the importance of adept legal representation.

The repercussions of a DUI conviction extend beyond legal penalties and can affect employment opportunities, insurance premiums, and background checks. The Miller Law Firm, P.A. works diligently to avoid convictions wherever possible or mitigate their lasting effects by exploring alternative legal remedies.