Daytona Beach DUI Lawyer
In Florida, the legal limit is .08, which means that if you are found to be driving with a blood alcohol content over that amount, you can be charged with a DUI. Law enforcement administers field sobriety tests and blood/breath tests to determine whether or not your driving has been impaired.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
A DUI is a serious offense, and requires legal assistance. If you have been charged with DUI (Driving Under the Influence), the consequences can vary widely, and are often influenced by your age, blood alcohol content (BAC), previous charges, and if you caused injury or death. The attorneys at Bundza & Rodriguez, P. A., can help you assess your legal situation, including the consequences you may be facing, the fines you may be required to pay, and the process you will have to go through. Whether you want to take your case to trial or allow us to negotiate a plea agreement to the prosecutor, our attorneys stand ready to help.
When you consume an alcoholic beverage, approximately 20% of the alcohol is absorbed into your stomach lining and the remaining 80% is absorbed by the small intestine. Your blood alcohol content (BAC) reflects the amount of alcohol in your body and measures the difference between rate of absorption and elimination. A few of the factors affecting absorption and BAC include the following:
- Your sex
- Your weight
- Your height
- Your drinking pattern
- If you have eaten food prior to consuming alcohol
- The alcohol by volume (ABV) of the beverage
The intoxication of an individual depends on the absorption, distribution, and elimination of alcohol through the body. The rate of absorption, distribution and elimination varies greatly between individuals, and can have a substantial effect on an individual’s level of impairment and chemical test results.
If you BAC is 0.08% or greater at the time a chemical test is performed within three hours of your driving, a rebuttable presumption exists that you had a BAC of 0.08% or greater at the time of driving. An aggressive DUI lawyer can argue that you might have been over the legal limit at the time of the chemical test, but not at the time of driving. If the prosecutor cannot show that you were over the legal limit at the time of driving, you may not be convicted of a DUI.
If it is your first offense for DUI, it is not likely you will go to jail. However, you may have your license suspended, which can cause major inconvenience and even impact your employment if you happen to use your vehicle for work. The attorneys at Bundza & Rodriguez, P.A. can help you get your license reinstated at the first possible opportunity, which is the administrative hearing.
Our criminal defense and DUI lawyers have years of experience in criminal litigation in state and federal cases, including misdemeanors and felonies. Whether you are under investigation, facing criminal charges, or you are seeking an attorney for a loved one, our attorneys can offer you the representation you need.
Our attorneys will give your case the personal care and attention it deserves. We work hard to protect and advance your liberties, and freedom. Given the legal ramifications involved with criminal cases and the time constraints imposed by the Florida Rules of Criminal Procedure, it is in your best interest to consult with one of our attorneys immediately. To have your criminal matter handled by an experienced, knowledgeable defense attorney, contact our office today at 866-785-5470.