DUI DEFENSE

In Florida, a Driving Under the Influence (DUI) charge can have a significant impact on your life, potentially leading to hefty fines, license suspension, mandatory alcohol education programs, and even mandatory jail time. The stakes are high, but with experienced legal representation, you may be able to avoid these consequences or minimize the impact. At K. Dean Kantaras, P.A., we are dedicated to defending individuals facing DUI charges, ensuring that your rights are protected and that we explore every possible defense option.

What Is a DUI in Florida?

Under Florida law, you can be charged with a DUI if you are driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher or if your normal faculties are impaired and you are in actual physical control of a vehicle. However, you can still be charged with DUI if your ability to drive is impaired by alcohol or drugs, even if your BAC is below the legal limit.

Potential DUI Penalties

DUI penalties in Florida depend on various factors, such as whether it’s a first-time offense or if there are aggravating circumstances (such as an elevated BAC, a car crash, the presence of a minor in the vehicle, previous convictions, and more). Common DUI charges include: 

• Misdemeanor DUI: Misdemeanor DUIs are the most common type of DUI charge and, while very serious, they have less severe penalties than felony DUI charges. However, even a misdemeanor DUI conviction can have long-lasting consequences, so it’s important to take these charges seriously and to seek expert legal representation.
• Felony DUI: Although a first or second DUI offense is usually classified as a misdemeanor, there are several situations in which a DUI charge can become a felony, which carries more severe penalties. Some of the most common scenarios that elevate a DUI charge to a felony include:
  • 3^rd DUI within 10 years: If you are arrested for a third DUI offense within 10 years of a prior DUI conviction, the charge is elevated to a third-degree felony. This is true even if the previous convictions were many years apart, and it can result in a prison sentence and other serious penalties.
  • 4^th DUI: A fourth DUI conviction, regardless of how much time has passed between offenses, is classified as a third-degree felony in Florida. This offense can result in severe penalties, including permanent license suspension, heavy fines, and the possibility of significant prison time. Even if your prior offenses were many years ago, a fourth DUI may trigger felony charges.
• DUI with Serious Bodily Injury (DUI SBI): If you are involved in an accident while driving under the influence that results in serious bodily injury to another person, you can face a serious third-degree felony charge. A DUI with serious bodily injury (DUI SBI) carries significant consequences, including prison, probation, and heavy fines.
• DUI Manslaughter: If someone is killed as a result of your impaired driving, you may be charged with DUI manslaughter, which is a second-degree felony. A conviction of this magnitude can lead to a long prison sentence and can reshape your life forever. DUI manslaughter is the most severe DUI charge and often involves intense investigation and legal complexities.

Defenses to DUI Charges

While DUI charges can seem straightforward, there are many potential defenses that can be raised to challenge the prosecution’s case. Some common defenses to DUI charges include:

• Improper Stop or Detention: Police must have a valid reason to stop your vehicle. If the stop was based on an unlawful or unreasonable reason, the evidence collected may be inadmissible.
• Mistakes in Testing Procedures: DUI tests, including breathalyzer tests and field sobriety tests, are not foolproof. We will examine whether the tests were administered correctly and whether the equipment was properly calibrated. A flawed or improperly conducted test could lead to a challenge of the evidence.
• Medical Conditions or Medications: Certain medical conditions or medications can mimic the signs of intoxication, such as slurred speech or difficulty with coordination. A diabetic person can even sometimes smell like alcohol, even if they haven’t had anything to drink. If a medical condition contributed to your behavior, it could be a key part of your defense strategy.

The Importance of Legal Representation

DUI charges can be incredibly serious, and a conviction can impact your employment, finances, and personal life. Whether you are a first-time offender or facing multiple charges, having an experienced DUI defense attorney is crucial to navigating the complex legal process. At K. Dean Kantaras, P.A., we are committed to providing a strong defense and minimizing the potential consequences of a DUI conviction.

If you have been arrested for a DUI, don’t wait to seek legal representation. Contact us today for a consultation, and we will begin building a defense strategy tailored to your case.