Question 1

How does Mitkevicius Law, PLLC make a difference in DUI cases?

Accepted Answer

Mitkevicius Law, PLLC provides free consultations, over 10 years of legal experience, responsive counsel, a trial-ready mindset, and personal legal guidance to help clients navigate DUI charges and achieve the best possible outcomes.

Question 2

What is considered a DUI in Florida?

Accepted Answer

According to Florida law, a DUI occurs when a person is in actual physical control of a vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances that impair their normal faculties. A BAC of 0.08 or higher is the legal limit for DUI in Florida.

Question 3

What are the penalties for a first DUI offense in Florida?

Accepted Answer

A first DUI offense in Florida can result in up to six months in jail and fines ranging from $500 to $1,000.

Question 4

What are the penalties for a second DUI offense in Florida?

Accepted Answer

A second DUI offense can result in up to nine months in jail, fines between $1,000 and $2,000, and mandatory installation of an ignition interlock device for one year.

Question 5

What are the penalties for a third DUI offense in Florida?

Accepted Answer

If the third offense occurs within 10 years of a prior conviction, it is a third-degree felony punishable by up to five years in prison and mandatory ignition interlock device installation for two years. If more than 10 years after the prior conviction, it results in up to 12 months in jail, $2,000-$5,000 in fines, and mandatory interlock device installation for two years.

Question 6

What are the penalties for a fourth or subsequent DUI offense in Florida?

Accepted Answer

A fourth DUI offense is a third-degree felony punishable by a five-year prison sentence, regardless of how long ago the prior offense occurred.

Question 7

What factors can aggravate DUI charges in Florida?

Accepted Answer

Aggravating factors include causing property damage or injury (first-degree misdemeanor), causing serious bodily injury (third-degree felony), causing death (DUI manslaughter, second-degree felony), or having a BAC of 0.15 or higher with a minor in the vehicle.

Question 8

What is implied consent in Florida DUI cases?

Accepted Answer

Under Florida’s implied consent law, anyone operating a motor vehicle automatically consents to approved chemical or physical tests. Refusing to submit to these tests can lead to license suspension and other penalties.

Question 9

What are common defenses to DUI charges in Florida?

Accepted Answer

Common defenses include lack of probable cause for the traffic stop, unreliable field sobriety tests, and inaccurate breathalyzer test results due to improper calibration, underlying medical conditions, or procedural errors.

Question 10

Why might field sobriety tests be unreliable?

Accepted Answer

Field sobriety tests, such as the horizontal gaze, walk-and-turn, or one-leg stand, rely on officer observation and may be affected by factors like medical conditions or improper administration of the tests.

Question 11

What can affect breathalyzer test accuracy?

Accepted Answer

Breathalyzer test accuracy can be affected by underlying conditions like acid reflux, improper calibration of the device, or procedural errors during administration.

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