Sarasota DUI Lawyer
Arrested for DUI in Florida? Call (941) 564-5319
Driving under the influence (DUI) of drugs or alcohol is a criminal offense that is taken very seriously in the state of Florida. Drunk driving is a highly discouraged action because it can severely increase your risk of being involved in a crash. Many fatal accidents can be directly attributed to drunk drivers, which is why DUI is severely punished, even for first-time offenders.
During your DUI case, you must understand the laws associated with DUI charges and take appropriate action to secure legal representation. At The Law Office of Wyndel G. Darville, PLLC, I am a seasoned Sarasota DUI attorney who offers experienced legal guidance through each step of the criminal and DMV administrative proceedings and can examine every aspect of your case.
Facing charges for DUI in Florida? Speak with our Sarasota DUI attorney by contacting our firm today!
I can defend DUI cases involving:
Wyndel Darville Explains Florida's DUI Laws
Implied Consent in Florida DUI Cases
Florida holds to the implied consent law, which means that anyone who has obtained a driver's license in the state has, in doing so, consented to submitting to a chemical test upon arrest for a Sarasota DUI. Refusal to take a blood, chemical, or urine test will result in an immediate suspension of the driver's license.
Upon a second refusal, a driver can receive an 18-month license suspension. Drivers who receive a second DUI conviction will be required to have an ignition interlock device (IID) installed within their vehicle. In some cases, however, the judge may order it to be placed in a driver's car after a first conviction. The driver must breathe into the IID to register sobriety on the device before it will allow the vehicle to operate.
DUI Process in Florida
As I assess a proper defense for your case, I can examine every aspect of the circumstances of your arrest, the gathering and analysis of evidence, and other important factors. During the traffic stop, you may be asked to perform one or more field sobriety tests. These tests assess your acuity and physical performance, which can be altered through intoxication.
The following actions all constitute probable cause for arrest:
- Failure to accurately perform these tests
- Failure to consent to a test
- Negative results from a breath test
A lawful arrest is based on evidence that you are driving under the influence of alcohol. If your arrest is not performed in a lawful manner, our Sarasota DUI attorney can use that as evidence against the prosecutor's case. Immediately after an arrest, you should secure strong legal guidance from my firm to protect your rights.
DUI DETER Program
Having a DUI conviction on your record could severely impact your life, as employers or landlords might look at it when making a final decision. Such consequences can be devastating, especially if it was just one mistake that resulted in a driving under the influence charge. Fortunately, the State Attorney’s Office (SAO) of the 12th Judicial Circuit has a diversion program for individuals charged with a first-time DUI offense.
Called Driver Enhancement Treatment Education Rehabilitation (DETER), the initiative allows some DUI offenders to complete pre-trial conditions in exchange for a reduction of charges and withhold of adjudication.
To be eligible for the program, you must:
- Have been charged with a misdemeanor DUI only
- Not have had any aggravating factors, such as having a minor in the car, a BAC of .20 or higher, or caused an accident
- Not have been charged with prior offenses, including DUI, alcohol-related reckless driving, driving while license suspended that resulted in serious bodily injury or death, vehicular homicide, or been convicted of a felony within 5 years of the current charge
- Not have previously participated in a DUI diversion program
If you agree to participate in DETER, depending on the facts of your case, the SAO will assign you to a level that determines which sanctions will apply to your situation.
The three case levels are:
- Level 1: BAC was .15 or below
- Level 2: BAC was between .15 and .20, or did not refuse chemical testing
- Level 3: DUI was charged for controlled substance use
After the SAO determines your case level, you will sign a form agreeing to complete pre-trial conditions for 60 days.
The terms you must fulfill during the pre-trial period include:
- Not engaging in criminal conduct,
- Completing DUI school,
- Beginning recommended treatment,
- Finishing a MADD Online Victim Impact Program
If you are a Level 1 or Level 2 offender, you must also install an ignition interlock device (IID) on your vehicle and provide proof to the SAO. If you do not have a vehicle, you must submit proof that you have an alcohol monitoring device. You must also complete work offender days (2 days for a Level 1 case and 4 for Level 2).
If your offense was classified as Level 3, you must:
- Not drink alcohol or consume drugs
- Provide a urine sample every week
- Complete 4 work offender days
After you complete your pre-trial sanctions, you must provide proof to the SAO. Once it receives your proof, you will be offered a plea for a lesser charge of reckless driving with a withhold of adjudication.
You will also be subject to the following sanctions:
- 12 months probation;
- Paying costs for the court, prosecution, and investigation of your case;
- 10 days of vehicle immobilization;
- Prohibited from having or using drugs and/or alcohol;
- Completing a DUI school and other treatment ordered to undergo;
- Paying a $500 fine;
- Attending a MADD Live Victim Impact Panel;
- 50 PSWs; and
- Installing an IID on your vehicle or having an alcohol monitor device (3 months for Level 1 cases, and 6 months for Level 2)
- Not possess or consume drugs or alcohol and take a weekly urinalysis for 6 months (Level 3 cases only).
The DETER initiative can help first-time offenders avoid a DUI conviction, and I will thoroughly assess your circumstances to help you understand your eligibility for this program.
What to Do After a DUI Arrest in Florida
If you have been charged with DUI in Sarasota, Florida, your case will require a knowledgeable and aggressive Sarasota DUI lawyer. At The Law Office of Wyndel G. Darville, PLLC, my goal is to help you reduce the penalties you face and / or have your case dismissed. The prosecution will work to provide enough evidence to have you convicted with the maximum penalties.
You must take action right away to ensure the best possible case outcome. During a free case evaluation, I can discuss the events that took place during your traffic stop and determine whether you are facing a lawful arrest. Contact my criminal defense firm today for the legal guidance your case requires!
Find out what you should do after a DUI arrest. Contact our Sarasota DUI attorney today!
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Criminal Use of Personal Identification Information Full Acquittal
Client was accused of using personal identification information of third person for purposes of harassment. The Client was put on trial and the State introduced evidence of the alleged offense...
Domestic Battery Case Dismissed
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DUI Property Damage Case Dismissed
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Felony Driving Under the Influence - 3rd DUI Incarceration Avoided
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Misdemeanor DUI Charge Reduced
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Stolen Property, Providing False Information, and Misdemeanor Violation of Probation Charges Dropped
Client was charged with Dealing in Stolen Property for allegedly stealing and selling his girlfriend’s laptop computer. While investigators successfully obtained the necessary documentary...