Recent Accident in Broward Court.
During Spring break, an accident involving a drunk driver crashing into the van of a family vacationing near Fort Lauderdale destroyed many lives due to injury and death from that incident. Surit Nisbany was charged with multiple charges for driving under the influence with damage to property or persons; driving under the influence with serious bodily injury to another; and driving under the influence causing death to another person.
Alcohol Impaired Statistics.
About 29 people die in car crashes involving alcohol-impaired driving every day in the United States. About a third of all United States traffic crash deaths involved drunk drivers with blood alcohol levels of .08 g/dL or higher, although lower blood alcohol levels can impair driving and cause accidents as well. Blood alcohol levels are measured with a breathalyzer, or by a blood test. Legally, enforcement efforts include charges spanning from misdemeanor to felony offense classifications. The penalties for drunk driving depend on factors including blood alcohol level, age, and repeat offender status to name a few. The outcome involves costly fines, driver’s license revocation, and jail time when warranted.
DUI Offense Laws.
A person is guilty of the offense of operating a vehicle under the influence of alcohol when driving is affected to the extent that physical faculties are impaired, and Florida Statute 316.193 addresses the laws against driving under the influence in Florida, and outlines penalties:
- The impaired driver has a blood alcohol level of .08 or more grams of alcohol per 100 milliliters of blood;
- The person has a breath-alcohol of .08 ore more grams of alcohol per 210 liters of breath.
If a conviction for Driving Under the Influence is achieved, penalties could include:
- First Conviction Offense: Fines of $500-1,000 for first conviction; $1,000-2,000 for second conviction; and prison for no more than 6 months for first conviction; no more than 9 months for second conviction;
- Second Conviction Offense: After a second conviction, it is mandated that the driver, through their own expense, have an ignition interlock device approved by the state, installed on all vehicles individually or jointly owned or leased and operated by the convicted person when the convicted person qualifies for a permanent or restricted driver’s license;
- Third Conviction Offense: If a person is convicted of a third violation within ten years after a prior conviction it will be considered a felony of the third degree; if convicted of a third violation after ten years from the prior convictions, punishment will be a fine of $2,000 to $5,000 and prison time of not more than 12 months, and a mandatory ignition interlock device for 2 years.
- Fourth or More Convictions: If convicted of a fourth or more violation, it is considered a felony of the third degree and punishable with a fine not less than $2,000; and placement of an ignition interlock device for at least six months.
Serious Charges Cited.
In the case of the accident caused by Mr. Nisbany, all driving under the influence charges are cited including:
- Damage to property or person of another is considered a misdemeanor of the first degree;
- Serious bodily injury to another is considered a felony of the third degree;
- Death to any other human could be considered DUI manslaughter and is considered a felony of the second degree; or a felony of the first degree if the person was aware of the crash and did not give information or assistance as required by law.
Call a Lawyer.
Driving under the influence is a serious infraction of the law with dire consequences to a person’s livelihood. Hiring a knowledgeable experienced criminal law attorney is imperative for successful navigation of your charges in order to yield the best outcome. Call the Law Office of Gabriela C. Novo, P.A., Attorney at Law for a free consultation and guidance with your civil and criminal charges.
Gabriela C. Novo, P.A., Attorney at Law
200 S.E. 6th Street
Ft. Lauderdale, FL 33301
Office: (954) 523-4100
Cell: (954) 822-5198
Fax: (954) 208-0278