Getting arrested for a DUI charge can force a person to face serious legal penalties. In most cases, individuals who are stopped by an officer under the suspicion of DUI will be taken under custody by a police officer. In order to be released from their arrest, a person needs to fulfill the following conditions:
- Their BAC level should be less than 0.05
- 8 hours should have elapsed since the arrest
- The arrested individual should be functioning normally without impairment of their senses
If a person is found guilty, they will be called in again for a hearing in order to decide what their final legal penalties will be.
What if I cause property damage while driving under the influence?
Getting caught for DUI is bad enough, but if a person manages to cause property damage or any personal injuries occur while they are DUI than their charges will be increased significantly. In this case, a person will be charged with a first-degree misdemeanor and can be fined up to $1000 while facing one year of imprisonment.
If a person is a repeat offender then they will have to face more serious consequences. If a person is convicted of a third DUI within 10 years then their crime will be classified as a third-degree felony and they can be faced with up to $5000 in fines and 5 years of imprisonment. For all cases of DUI, individuals can also have their licenses revoked for a certain period of time. Naturally, the more serious the offense, the longer the license will be suspended.
However, it is actually possible to have one’s driver license reinstated for employment reasons or for business purposes. If a person needs their license in order to go to work or run their business, they need to apply for a hearing and they will most likely have to have an ignition interlock device installed on their vehicle for a long period of time.
In order to reduce penalties, a person should not hesitate to get in touch with a DUI lawyer in Naples, Florida. An attorney will be able to aid a person throughout the legal process and will be able to defend a person with the appropriate legal references in court.
A person always has the option of going ahead and trying to fight their case themselves in court, but this is not recommended. The legalities behind DUI can be rather complicated, and in order to put together a proper defense, getting the advice of a legal expert is always highly recommended.
Do I have to consent to a BAC test when an officer asks me?
It is necessary that a person complies with the police officer when the officer asks them for a breath, blood, or urine test to check their alcohol levels. According to implied consent law, driving a vehicle obliges a person to follow the officer’s orders, especially if they are being suspected of driving under the influence. If they do not listen to the officer, their actions can be used against them when matters get taken to court.