DRIVING UNDER THE INFLUENCE WITH A MINOR CHILD
Florida State Statute 316.193 (4) imposes enhanced penalties for Driving Under the Influence with a minor child in the vehicle.
WHAT IS THE DUI LAW:
The State must prove the following elements:
1. Drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle.
3. Was under the influence of an alcoholic beverage, or chemical substance, or controlled substance to the extent that his or her normal facilities were impaired.
4. If applicable, had a breath or blood alcohol level of .08 or more grams of alcohol per 100 milligrams of blood/210 liters of breath.
WHAT ARE THE PENALITIES FOR A FIRST CONVICTION:
For a first conviction 6 months driver’s license suspension
12 months’ probation
Breath Test refusal driver’s license suspension 1 year
Attend DUI school.
Attend Victim Impact Panel
50 hours of community service work
10-day vehicle impound
Breath alcohol content above .15 ignition interlock device
Fine $1,000 or more than $2,000 for a first conviction.
Jail up to 9 months for a first conviction.
WHAT CAN I DO TO PREPARE FOR MY COURT CASE:
In my experience most clients possibly facing a DUI conviction want to get ahead of the case and work on ways to mitigate the circumstances. Starting early and speaking with an attorney is critical to discussing the facts and analyzing possible defenses.
Our consultations are complimentary and we will conduct a comprehensive overview. We handle cases in Pinellas County, Pasco County, and Hillsborough County. If you would like to schedule a consultation, call Venessa Bornost, P.A. (727) 330-7800.