Protect Your Legal Rights When Facing Enhanced DUI Charges With Our Niceville Criminal Defense Lawyers
The flashing lights in your rearview mirror fill you with dread. Your heart races as you pull over, acutely aware of your 10-year-old son in the back seat. The police officer approaches your car, and you can smell the alcohol on your breath. You come to realize the gravity of your situation. You’re being charged for driving under the influence with a minor in the car. This scenario, all too common in Niceville, Florida, can lead to severe legal consequences that go far beyond a typical DUI charge.
Understanding Florida’s Enhanced DUI Laws
Florida’s laws governing driving under the influence are very strict, but the charges and penalties become significantly more severe when a minor passenger is involved. Florida Statute 316.193 (4) states that a person convicted of DUI while accompanied by a person under the age of 18 can face enhanced penalties.
Notably, any occupant under the age of 18 is considered a minor in this context. This means whether you're driving with your teenage child, a younger sibling, your neighbor’s child, or any other person under 18, you could be subject to these enhanced penalties.
The presence of a minor can elevate a misdemeanor DUI to a felony charge, dramatically increasing the potential consequences you face. This enhancement reflects the law's aim to protect minors and discourage adults from putting children at risk through impaired driving.
Comparing Regular DUI and Enhanced DUI Penalties
To fully grasp the severity of enhanced DUI penalties, it's helpful to compare them to regular DUI charges.
Regular DUI Penalties
The first offense of a regular DUI is punishable by:
- Up to six months in jail
- Fines between $500 and $1,000
- License suspension for up to one year
- 50 hours of community service
- Vehicle impounded for 10 days
Enhanced DUI Penalties
By comparison, the first offense of an enhanced DUI with a minor can elevate these potential penalties to include:
- Up to nine months in jail
- Fines between $1,000 and $2,000
- License suspension for up to one year
- Mandatory installation of an ignition interlock device
- Potential felony charges
- Vehicle impounded for 10 days
Subsequent DUI convictions can carry even heftier penalties. A fourth conviction can result in as high as five years in jail and a $4,000 fine. The possibility of felony charges can also have long-lasting impacts on your life, affecting employment opportunities and child custody.
Possible Defenses Against Enhanced DUI Charges
If you're facing enhanced DUI charges in Niceville, there are potential defenses to fight these allegations. Here are some scenarios where a skilled Florida criminal defense lawyer might be able to challenge the charges and advocate for a more positive outcome.
Improper Stop
If the police officer didn't have probable cause to pull you over, any evidence gathered during the stop might be inadmissible. For example, if you were driving safely and adhering to all traffic laws, the stop itself could be questioned.
Inaccurate Field Sobriety Tests
Field sobriety tests can be affected by various factors, including physical conditions, nervousness, or even the surface on which they're conducted. If you have a medical condition that affects your balance, for instance, this could explain poor performance on these tests.
Faulty Breathalyzer Results
Breathalyzer machines require proper calibration and maintenance. If there's evidence that the device wasn't properly maintained or calibrated, the results could be challenged.
Lack of Actual Physical Control
In some cases, you might be able to argue that you weren't actually driving or in physical control of the vehicle. For example, if you were sleeping in a parked car with the keys out of the ignition, this could potentially be a valid defense.
Age Misidentification
If there's any doubt about the age of the passenger, this could be grounds for challenging the enhanced penalties. For instance, if the passenger was actually 18 but looked younger, this could be a crucial point in your defense.
Seek Legal Help for Your Niceville DUI Case
If you're facing enhanced DUI charges in Niceville because you had a child in the car, it's crucial to seek experienced legal representation immediately. The potential consequences are too severe to face alone. The Florida criminal defense lawyers at Flaherty & Merrifield are here to help.
After careful consideration of the facts, we successfully negotiated to reduce a DUI charge to reckless driving for an active military member. The client decided to accept the lower penalties of a reduced charge rather than take the risk of going to trial.
At Flaherty & Merrifield, we understand the nuances of Florida DUI law and can work to build a strong defense strategy tailored to your specific situation. Don't let one mistake define your entire future.
