Lakeland DUI Lawyer

Fighting Back Against Drunk Driving Charges

Any criminal conviction can lead to significant challenges that can negatively impact your life. However, DUI charges are particularly problematic. Not only is there a potential of jail time and a criminal record, but an individual can also lose their driver’s license and face significant fines and fees.

Driving under the influence is seen as a threat to public safety and is taken very seriously in Florida. However, in some instances, the state can be overzealous, resulting in people being wrongfully convicted or mistreated by the system. If you have been charged with driving under the influence, it is essential to speak with a DUI defense lawyer in Lakeland to understand your rights.

At DeMichael Law, our legal practice has seen what an impaired driving conviction can do to a person’s life. Prosecutors often frame plea deals as nothing more than a short stint without a license and a few classes. The reality of the situation is that you could be forced to pay thousands of dollars in fines and license reinstatement fees, participate in mandatory DUI classes, and more. While the financial impact is significant, it is often nothing compared to a person’s potential loss of freedom. Do not risk your future by handling your case without skilled legal representation.

Contact our Lakeland DUI lawyer at DeMichael Law immediately and ask to schedule a free, confidential case evaluation so we may determine what legal strategies will suit your needs.

What Can Lead To A DUI Arrest In Florida?

If you’re pulled over under suspicion of impaired driving, a police officer will need probable cause to make an arrest. There are various ways they can obtain probable cause. In most DUI cases, a breath test is utilized to measure blood alcohol content (BAC). If a person’s BAC is over 0.08%, it is assumed that they are too intoxicated to drive. The legal limit or BAC threshold for commercial drivers is 0.04%, and for individuals under 21, it is only 0.02%.

However, a knowledgeable Florida criminal defense attorney can tell you that a breath test is not necessary for a conviction. Even if an individual refuses to take a breathalyzer test, probable cause can also be gathered by administering a field sobriety test (FST).

If an arresting officer believes you performed poorly on these roadside tests, they may arrest you even without a breath test. Field sobriety tests can help police identify individuals who are under the influence of street or prescription drugs or those who refuse to take a blood alcohol test.

Nevertheless, the downside of field sobriety tests is that they are highly subjective and based on the investigating officer’s judgment. External factors such as medical conditions, balance and coordination, and uneven surfaces can also result in failed FSTs.

One of the most significant benefits of hiring a Lakeland DUI lawyer is they can professionally evaluate the evidence to challenge the results.

What Are The Penalties For Drunk Driving In Florida?

While most DUI charges are charged as misdemeanors, this doesn’t mean that DUI penalties cannot result in severe penalties. Even a first DUI conviction with no property damage or harm to others can result in a jail sentence of nine months, license suspension, vehicle impoundment, mandatory drug tests, and thousands in fines. If you are facing a second or subsequent DUI case, the potential consequences of a conviction are even more severe.

For example, a second conviction can result in similar fines and jail time. Still, a second-time DUI defendant can also lose their license for five years and face a mandatory ignition interlock device when allowed to drive. A second offense with aggravating factors can even result in a full year in jail. Subsequent offenses could eventually result in a felony and land a person behind bars for five years. Finally, if a defendant is convicted of a DUI offense involving property damage, their first offense could result in a year in jail.

Therefore, DUI penalties will vary based on circumstances, but they are always quite serious. However, a skilled DUI defense attorney can negotiate with the state attorney’s office to try to dismiss or reduce the charges. Depending on the circumstances, a criminal defense attorney may be able to work with the prosecutor to reduce a DUI offense to a reckless driving charge that carries fewer penalties.

To learn more about your legal options, contact DeMichael Law and ask to schedule a free consultation so that we may assess your case.

Is It Possible To Avoid A DUI Conviction?

Individuals charged with driving under the influence often think a conviction is unavoidable. After all, how can you argue against a breath test — or video of you performing poorly on field sobriety tests? However, never assume your DUI offense is an “open and shut” case. There are a variety of legal defenses to these DUI charges, and a Lakeland DUI defense lawyer can help you understand if these strategies could apply to your case.

Consider these common defenses:

Constitutional violations: Officers must follow specific rules regarding probable cause and arrests
Improper field sobriety test administration: Field sobriety tests can be misleading when administered improperly
Faulty alcohol breath tests: Tens of thousands of DUI convictions in America were recently called into question due to faulty breathalyzer tests
Extraneous factors: Certain medical conditions, health impairments, and other factors can affect the accuracy of alcohol tests (both breathalyzers and field sobriety)
Rising blood alcohol level: It’s possible to claim that a person’s BAC was under the limit while driving, but a breath test was conducted too long after the stop

An experienced DUI lawyer in Lakeland, FL, can explain these potential defenses and whether they might apply to your case. It is important to remember that these are only the most common defense strategies. Depending on the circumstances of your case, there may be other legal options. For this reason, you must discuss your case with a legal professional before agreeing to a plea arrangement or disposition.

At DeMichael Law, our criminal attorney has extensive experience developing innovative defense strategies to help clients obtain favorable case outcomes. Contact us to schedule a meeting so we may evaluate your DUI case professionally.

Should I Plead Guilty To DUI Charges And Move On?

Often, state prosecutors pressure DUI defendants to take plea deals. Prosecutors typically have heavy caseloads and want to conclude your case as quickly as possible. They will often frame their offer as a way to avoid more serious consequences and “get on with your life.” The prosecutor may even tell you that the effect on your life will be negligible as long as you don’t commit a future DUI offense. However, depending on the strengths and weaknesses of the case, a plea deal is not always the best choice.

While a plea deal may be in your best interest, you should first discuss all your legal options with a Florida criminal defense lawyer. It is important to remember that prosecutors and police do not have your best interests in mind. For this reason, you must have a highly trained legal advocate fighting for you.

An impaired driving arrest can follow you for a lifetime, but with a DUI defense attorney on your side, it may be possible to avoid a criminal conviction. A DUI conviction can result in adverse legal consequences, such as:

Driver’s license suspension
Mandatory installation of ignition interlock device
Vehicle impoundment
Being sentenced to probation, with mandatory monthly reporting
Difficulty enlisting in the military or higher learning institution
Disqualification from receiving federal financial aid

Contact our DUI criminal defense attorney in Lakeland, who will review your case and help you understand all your options.

What Makes Your DUI Defense Attorney the Best Choice for My Legal Needs?

The stakes are always high whether you are facing the loss of your driving privileges or years in prison. If you have no prior record, the prosecutor may try to convince you that a plea deal is in your best interest. However, previous convictions might result in an attempt to “throw the book” at you with the highest possible penalties. Regardless of your situation, a legal professional can help you understand your options and fight back. Due to the serious legal consequences, you should never try to take on a DUI case alone.

At DeMichael Law, we have spent years defending individuals charged with impaired driving in Florida. Your blood alcohol content may have been deemed too high, or field sobriety tests were used to determine if you were impaired. Although the state’s case may seem overwhelming, the important thing to remember is that none of this evidence is necessarily beyond reproach.

Our law firm is unlike other Lakeland DUI lawyers who often focus on profits rather than what is best for their clients. We never encourage clients facing DUI charges to take plea deals that are unfavorable to them. Instead, our knowledgeable DUI defense attorney will thoroughly assess the state’s evidence to create a custom legal strategy that will provide the best possible outcome/

Our Polk County law firm has been able to secure not-guilty verdicts, negotiate fair plea deals, and even have DUI charges dropped in their entirety. Let our DUI lawyer in Lakeland review your case and help you decide how to proceed.

Call DeMichael Law today at (863) 216-1831 to learn more about how our criminal defense lawyers can assist you.