DUI and DUI Manslaughter

DUI-DUI Manslaughter-This attorney can help you

Driving Under The Influence?

It is a crime to be driving while under the influence of alcohol. In Florida, like the majority of states, that number is .08 BAC (blood alcohol content). Also in Florida, there are two significant problems that arise due to an arrest on suspicion of drunk driving. First, there is the standard court case where fines and jail time can be assigned; however, there is also the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) which will try to take away an individuals license.

When stopped for suspicion of drunk driving, if an individual has a higher BAC than .08 or refuses to take a blood, breath, or urine test, the person has only 10 days to schedule a hearing with the FDHSMV to save their driver’s license. Failure to request this hearing will result in a license suspension that is, at a minimum, 6 months long. The maximum allowed by law is 18 months.

DUI can be proven in Florida in two ways. The first is by judging the impairment of normal faculties of the driver. These normal faculties include the ability to make rational decisions as well as walking and talking. Also, an unlawful BAC can be used at trial. The penalties for a conviction are the same regardless of which manner of proof is used. These penalties include escalating jail sentences and fines based on the number of convictions as well as administrative license suspensions that come from the court.

DUI Manslaughter and Vehicular Homicide are extremely serious charges where a traffic accident results in death. If you have been involved in an accident where someone is seriously injured or where death may result, you need to contact Richard Weldon immediately before charges are filed.