The Case of Kimberly Noelle Martin

Kimberly Noelle Martin, 26, of Summerfield, was approached by law enforcement personnel on April 4, 2013. The time was approximately 4 a.m. She was approached after deputies received a call about a drunk driver at a convenience store.

A witness told deputies that Martin “came speeding into the parking lot and slammed on the brakes in front of the gas pumps.” The witness stated that Martin smelled of alcohol. He also informed deputies that he noticed three small children in the back seat of Martin’s vehicle.

Deputies questioned Martin and asked her to perform field sobriety tests. She reportedly failed these. In addition, Martin allegedly blew a .21 on a breathalyzer test, nearly three times the legal limit. While searching Martin’s person, deputies reported that they found oxycodone tablets.

The three children in the back of the vehicle belonged to Martin. The ages of the children were 9 years old, 6 years old, and six-months old.

Martin blamed the incident on her mother-in-law. According to the arrest report, Martin stated her mother-in-law had been driving the car, exited the vehicle at the convenience store, and then walked away. Martin told authorities that she, her mother-in-law and the three children were on their way to bail her husband out of jail.

Deputies searched the area shortly after the incident and were unable to find the mother-in-law. Authorities state a gas-station employee was in the parking lot when Martin’s vehicle pulled in. The employee recalls only seeing Martin and her three children in the car.

Martin was eventually arrested and charged with DUI, possession of oxycodone, and tampering with evidence.

Aggravating Factors in DUI Cases

The Martin case is instructive because it includes aggravating factors that could impact the severity of the case. Aggravating factors are essentially certain facts, or circumstances, surrounding a DUI offense that makes it worse than a standard DUI. The Martin case involved two highly common aggravating factors, namely that Martin had an extremely high BAC and her minor children were in the vehicle at the time of the incident.

Aggravating factors are important to consider because they can turn a standard DUI into a felony charge, or can result in harsher penalties for misdemeanor DUI offenses. Keep in mind that felony convictions may result in a substantial fine and a jail term greater than one year. In addition, aggravating factors within misdemeanor DUI cases can potentially lead to a jail term of up to nine months, heavy fines, and long periods of probation.

If you have been recently accused of DUI in the Sarasota area, please contact us for assistance. You require a skilled DUI defense attorney for help and our firm delivers. With over 100 years of collective experience, our team of passionate attorneys has the knowledge to make a difference. Simply contact us today and let us help.

The Case of Walter Nimrod Mkono

Walter Nimrod Mkono, 34, was sitting motionless in his Ford Focus on the afternoon of the 22nd. His vehicle was stopped in the right lane of South Federal Highway just north of Woolbright Road. A driver spotted Mkono and called 911.

A Boynton Beach police officer soon arrived at the scene. According to police records, the police officer found Mkono’s car still in drive. While the car was running, Mkono’s foot was on the break. Mkono was found passed out.

The police officer knocked on the driver’s side window several times in an attempt to wake Mkono. He occasionally managed to look up. However, each time Mkono’s head fell back down and his eyes closed.

Boynton Beach fire crews were soon notified of the incident. The crews arrived at the scene and smashed open the vehicle’s passenger side window. The vehicle was turned off and the keys were removed.

According to his arrest report, Mkono eventually woke up and told police “I’m fine, I just had too much to drink.” The report, however, stated that Mkono had extremely slurred speech and bloodshot eyes. Police also noted drool on Mkono and a smell of alcohol from his breath. Mkono also struggled to stand up straight.

Police ordered Mkono out of his car. Mkono was asked to perform roadside sobriety tests. He responded by telling police that this was his second DUI and he should be able to pass the tests.

Mkono failed. The tests were also soon called off after Mkono tried to walk into traffic. He was then taken to the Boynton Beach police headquarters. The time was approximately 5:40 p.m.

Toxic BAC Readings

Mkono’s BAC was taken after he arrived at the police station. Two samples were taken. The first showed a BAC of .418. The second showed a BAC of .408. Both samples showed a BAC over five times the legal limit.

Mkono was booked into the Palm Beach County Jail at 10:49 p.m. He was booked on a misdemeanor DUI charge. He was released at 5:29 a.m.

According to Boynton Beach police spokeswoman, Stephanie Slater, Mkono’s high BAC readings were rare. “As far as the highest on record,” Slater commented, “there’s no way for me to check that, but I would say [Mkono’s readings were] definitely among the highest.”

According to Dr. Nabil El Sanadi, chief of emergency medicine at Broward Health, Mkono’s readings were “toxic, lethal…it’s not hyperbole, it’s fact.” While police were unsure of the exact amount of alcohol Mkono consumed, Dr. El Sanadi commented, “I can tell you that he’s probably drinking a lot, fast.”

Drinking alcohol in excess can be dangerous. It can pose serious health risks. It can also pose serious risks to others when combined with driving a vehicle.

If you have been recently arrested for DUI in Sarasota, it is important that you contact an experienced DUI defense attorney for legal assistance. Our firm can definitely help. Our talented team of DUI defense attorneys has over 100 years of collective experience in defending DUI cases. Simply contact us today and let us assist.

Call 941-916-3627

Unfortunately, a DUI conviction is accompanied by many unwanted consequences. Of course, there are the immediate ones like criminal charges, possible jail time, probation, and the loss of a person’s driving privileges.

However, there are often more lasting effects associated with DUI convictions. These include: the creation of a criminal record; higher insurance premiums; and, the potential loss of, or limitation to, employment. All of this though because a one-time mistake in judgment?

Well, yes. Don’t forget a DUI is a criminal offense and penalties result following a conviction. However, keep in mind that mistakes can sometimes be reconciled. In the context of a DUI conviction, this means that a person may be able to erase their Florida DUI record. Let’s look further at some of the issues involved.

Check Your Driving Record

Many people with a DUI conviction share the same ultimate goal. They want the DUI permanently removed from their record. While we all want immediate results, the simplest first step in the removal process is to gather pertinent facts.

The fact gathering process here means to check your driving record. Your driving record will contain all the pertinent information about your DUI. If you received a DUI decades ago, perhaps your driving record no longer includes your DUI information. This means the problem solved itself.

Or, maybe human error somehow removed your DUI information for you. No matter the case, the smart thing is to check your driving record to ensure that your DUI is still visible and still remains an issue to address. A person can easily check his driving record by contacting the Florida Department of Motor Vehicles.

DUI Expungements

A check of your driving record may indicate that your DUI conviction is still visible on your record. If so, you will have to go through an expungement process to try and remove it. Expungement is a legal term that basically means erase. A DUI expungement acts like an eraser with your criminal record. This sounds great, but how does the process work?

Expungement is not available for every person convicted of a DUI. A person has to petition a court for expungement. This requires certain paperwork to be filed and submitted. Once submitted, it is up to a judge to determine if expungement can take place.

Keep in mind that certain persons are deemed ineligible for expungement just by nature of their record or DUI offense. A person is deemed ineligible if: there was a traffic accident or manslaughter incident associated with his DUI; the DUI caused significant property damage; or, the person has a felony on his record.

Please keep in mind that the expungement process takes time. This process will also require the assistance of an experienced DUI defense attorney. An experienced DUI defense attorney can ensure your expungement petition is proper, accurate, and worthy of consideration.

If you have been convicted of a DUI in Sarasota, please contact our firm with all of your expungement questions. Our talented team of DUI defense attorneys has decades of collective experience in defending DUI cases; and, this team is passionate about restoring your hope and future. Please contact us today and let us help.

Civilian Penalties

If a service member, located in Florida, is arrested for DUI off a military installation, he can be charged with DUI under Florida law. This charge could result in both criminal and administrative penalties. Criminal penalties may include jail time, fines, and community service. The specific penalties are at the discretion of the court. The penalties will often vary depending on whether: the service member was a repeat offender; an accident occurred; property was damaged; and/or, a person was injured or killed.

A DUI charge in Florida also means the potential of the administrative suspension of a service member’s driving privileges. This administrative action is in addition to any possible criminal penalties that may be imposed. Florida statute and Florida’s Administrative Code govern the administrative suspension of a driver’s license. Administrative suspension means that the State can legally take, and suspend, a driver’s license when either: a driver submits to a breath test and the results are .08 or higher; or, a driver refuses to submit to a test. The specific period of suspension will vary depending on the number of the driver’s prior DUI charges.

Military Punitive Actions

If a service member is stopped for DUI on a military installation, he could face punitive actions by the military. Specifically, the service member could receive a court-martial for a DUI under Article 115 of the Uniformed Code of Military Justice (UCMJ). This Article states that any person who operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired shall be punished as a court-martial may direct. Punishments pertaining to a court-martial include: forfeiture of pay, reduction in grade, confinement, and dismissal from the military.

Service members should note that there is an interplay between Florida law and the UCMJ. The military cannot take action under the UCMJ for the same offense if a service member is being charged by civilian authorities. As an example, if a service member is driving in Sarasota, Florida and is arrested and charged for DUI under Florida law, the military cannot also court-martial the service member under the UCMJ. However, the service member could still be subject to UCMJ actions for any associated misconduct that the state of Florida is not prosecuting (e.g., disorderly conduct or resistance to law enforcement personnel).

Musca Law is a Sarasota DUI defense firm that cares about the men and women of our armed services. We offer our sincere and enduring gratitude for their support and bravery. We have the upmost respect for their values and their commitment to our country.

Our firm of passionate and knowledgeable attorneys provides this same level of valued commitment to our clients. Our team has over 100 years of collective experience in defending DUI cases. We care about and work tirelessly to achieve the best possible outcome for our clients and their freedoms. If you are a service member that has been charged with DUI in the Sarasota area, please contact us today. We are here to help.

Of course not. Driving while under the influence (DUI) is a criminal offense under Florida law. It is also one that can lead to very harsh penalties. So, what is the driver in our scenario to do? Be safe, be smart, and try contacting a Designated Driver service for assistance.

What is a Designated Driver Service?

Designated Driver services essentially get both an intoxicated driver and his vehicle home safely. These services typically work in one of two ways. The first way is often referred to as “Team Lift.” This is where two people come to where the intoxicated driver and his car are located. One person drives the drunk driver home and the other drives the drunk driver’s vehicle home. The two sober drivers get the intoxicated person and his vehicle home safely and then drive off together in their own car.

The second method used in Designated Driver services is known as the “scooter approach.” This is where a person drives to the location of an intoxicated driver, and his vehicle, in a special fold-up scooter that collapses into a carrying bag. The sober scooter driver stows his scooter in the trunk of the intoxicated person’s car and drives the drunk person home in his very own vehicle. Once home safely, the scooter driver unpacks his scooter and drives on to his next client.

Commercial vs. Non-Profit Designated Driver Services

Designated Driver services come in the form of both commercial businesses and non-profit groups. Both are equally effective in assisting people avoid a DUI arrest. Both are also easy to use and reliable in service.

Commercial business Designated Driver services typically serve one large metropolitan area. They provide their services for a fee and they usually offer other transportation services as well.

Non-profit Designated Driver services typically work directly with specific restaurants and bars in a given city or county. To use these services, a person must be in a participating restaurant or bar. These particular services are often cheap, if not free.

Our Advice to You

Our firm by no means condones drinking to excess or driving while intoxicated. However, we care about your safety and the safety of other motorists. We also understand that mistakes in judgment do get made.

Our firm consists of a highly experienced team of DUI defense attorneys that are skilled, passionate, and knowledable. Our team, though, recognizes that the best legal defense to a DUI is avoidance. Simply do not drink and drive and take every step to avoid this situation.

We suggest you make yourself aware of the alternatives at your disposal to avoid getting a DUI. One of these alternatives is considering a Designated Driver service to get both you and your vehicle home safely. One great resource for those drivers in the Sarasota area is Safe Way Home LLC, (941) 504-6000.

Be safe. Be smart. If you have any questions about the Designated Driver services in the greater Sarasota area, please contact us. We are here to help.

Visit Safe Way Home LLC: http://yoursafewayhome.com/

Third DUI Charge For Lake County Teacher

Jason Gross, 37, is a second grade teacher at Groveland Elementary School. He was recently stopped by Florida Highway Patrol on University Boulevard in Orlando. He was stopped after performing an illegal U-turn.

Once stopped, authorities asked Gross for his license. He first offered a gift card from his wallet. On his second attempt, Gross provided a “business only” driving permit. The trooper that stopped Gross stated he could smell alcohol inside Gross’ vehicle. Gross eventually told the trooper he was returning from Knight Library where he had five drinks.

Upon questioning, Gross pleaded with the trooper not to arrest him. According to reports, Gross told the trooper, “I’ll do anything…Just please, help me. I have two DUIs on my record.” Gross also offered to walk to his Altamonte Springs home or take a cab.

Gross was soon arrested. He was taken to Orange County Jail after failing a field sobriety test. While being arrested, Gross told the police that he had a drinking problem and stated he had a hard life.

This was Gross’ third arrest for DUI. His first one came in 2005. This was prior to Gross’ employment with Lake County School District. Officials state Gross is awaiting trial on his second DUI charge and, to date, has not been convicted.

Gross has been with the Lake County School District for five years. He has taught at several elementary schools. Groveland Elementary represents his most recent. It is currently not clear whether Gross will return to his position.

Multiple DUI Offenses in Florida

Repeat DUI offenders are exposed to increased penalties under Florida’s DUI laws. For example, if a driver in Florida is convicted of a second DUI offense, he may face the following penalties:

• A jail sentence for up to nine months;
• A mandatory minimum jail sentence of 10 days (and up to nine months) if the driver is convicted of a second DUI offense within five years of his first;
• A fine in excess of $1,000, but not to exceed $2,000;
• Impoundment of the driver’s vehicle; and,
• Suspension of the driver’s license for up to one year.

If a driver in Florida is convicted of a third DUI offense, he may face the following penalties:

• A jail sentence for up to one year;
• A mandatory minimum jail sentence of 30 days (and up to one year) if the driver is convicted of his third DUI offense within 10 years of his second offense;
• A fine in excess of $2,000, but not to exceed $4,000;
• A minimum fine of $4,000 if the driver’s BAC was .15 or higher;
• Impoundment of the driver’s vehicle; and,
• Suspension of the driver’s license for up to one year.

If a driver in Florida is convicted of a fourth DUI offense, he may face the following penalties:

• A jail sentence for up to five years;
• A fine in excess of $2,000, but not to exceed $5,000;
• Impoundment of the driver’s vehicle; and,
• Possible lifetime driver license suspension without the possibility of a hardship license.

If you or a loved one is facing a multiple DUI charge, it is extremely important to contact an experienced DUI defense attorney today. Our team of passionate and dedicated DUI defense attorneys has the knowledge and skill to provide you with the best possible defense. We have over 100 years of collective experience in handling these types of case. We can protect you and your future. Contact us today and let us help!

Have A Plan

Many people choose to consume alcohol. However, many people do so without having a plan in place to avoid a DUI arrest. Think smart and think ahead. Before going out to have drinks, make sure you have a plan in place that gets you home without getting behind a steering wheel.

Some important factors within this plan should include:

• Having a reliable and dependable designated driver
• Knowing the phone number for a reliable taxi cab service
• Knowing public transportation routes that will get you home safely
• Ensuring you can drink minimally
• Having a cell phone with you

These factors are basic. They take very little time to consider and they can be easily resolved. Keep them in mind and just ensure you have a reliable plan that works for you.

Keep Your Server in Check

Bartenders and waiters often try to move drinks quickly. I’m sure many people have ordered a drink in the past and were asked if they would like another before even taking two sips of the first. Or, consider a time when you were out to dinner and the table ordered a new bottle of wine. Odds are that your waiter topped your glass off.

Avoid having your server dictate or control the amount of alcohol that you consume. Stay in control and stay in charge. Further, avoid accepting free drinks or “one on the house.” Also, keep a constant mental note in your mind of how much alcohol you have consumed and make sure this amount is at a low level. Communication is often key and it is okay to tell a server that you have had enough to drink.

Consider Buying A Portable Breathalyzer

Law enforcement personnel utilize breathalyzers to do roadside breath-tests. Possession of a breathalyzer is by no means limited to the police. Affordable and portable breathalyzers can be found online (e.g., Amazon.com) and they can be readily purchased with no hassles or restraints.

If you do decide to purchase a portable breathalyzer, there are a few things to keep in mind. These devices are not 100% accurate. Further, know that a blood alcohol concentration (BAC) of .08 is the legal limit in terms of Florida’s DUI laws. These laws, however, also state that a person can be arrested for DUI if they are otherwise impaired due to alcohol consumption. This means, depending on your body type, you can have a BAC under .08 and still be deemed too impaired to legally operate a motor vehicle.

The bottom line is to use these devices with common sense. If a breath test says you are below the legal limit to drive, just take a moment and ask yourself if that is truly the case. Simply be true to yourself and your fellow motorists.

Our Sarasota DUI defense firm has over 100 years of collective experience in defending DUI cases. As stated above, our firm does not condone drinking and driving. But, if you do choose to go out and have a few drinks, we do recognize that there are a few helpful suggestions to avoid being placed in cuffs for DUI. We hope the ones discussed have helped.

Our firm also understands that mistakes in judgment do get made. If you have been recently arrested for DUI, our team of dedicated DUI lawyers can help. Simply contact us today and let us protect you and your freedoms.

The Case of Mayor Craig Lowe

Gainesville Mayor Craig Lowe faces a DUI charge after crashing his vehicle during the early morning hours of Thursday, March 21st. According to police, Lowe, age 55, crashed his 2005 Honda Civic around 2:20 a.m. Police did not arrive on scene until approximately 4:00 a.m.

Once on scene, authorities found Lowe asleep behind the wheel of his car. The vehicle suffered major front-end damage and had four flat tires.

A State Trooper said Lowe smelled of alcohol and performed poorly on field sobriety tests. His breath test showed a blood alcohol level within the legal driving limit. However, police said alcohol had metabolized by the time the breath test was taken. Lowe told police he had three beers the previous night and had fallen asleep, causing the crash.

Lowe was arrested and charged with DUI with property damage and careless driving. He was released from custody on Thursday afternoon. In a statement issued after his release, Lowe said: “I apologize for the harm that this situation has caused to my friends, supporters, and the citizens of Gainesville. I feel that it’s important to set the record straight. In the coming days, additional facts will come to light and I believe that I will (be) found not guilty in this case.”

Lowe, a Democrat, is towards the end of his two-year term. The Mayor recently won a place in the April 16 runoff in a bid for re-election. His competition, Ed Braddy, was charged with DUI himself in 2006.

DUI With Property Damage Under Florida Law

Mayor Lowe’s recent incident reminds us all that anyone can be arrested and charged with DUI. The case also brings to light the specific charge of DUI with property damage. What exactly does this charge mean and how can the State prove it?

The State has to essentially prove three elements in order to convict a driver of DUI with property damage. First, the State has to show that a driver was operating a vehicle, driving a vehicle, or in actual control of a vehicle. Second, the State has to show that the driver caused or contributed to causing damage to the property of another person or injury to another person. Finally, the State has to show that the driver was impaired.

The State can meet this impairment burden in either one of three ways. The State can show that the driver was under the influence of an alcoholic beverage, chemical substance or controlled substance and their normal facilities were impaired. Or, the State can show that the driver had a blood alcohol concentration (BAC) of .08 grams or more of alcohol per 100 milliliters of blood. Or, the State can show that the driver had a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath.

If the State can successfully prove the above elements, then it is likely that a DUI with property damage conviction will result. Under Florida law, this conviction carries severe penalties. A DUI with property damage charge is a misdemeanor of the first degree that can result in a jail sentence of up to one year and/or a maximum fine of $1,000. As a comparison, a first-time DUI offense without property damage can result in a maximum of six months in jail and/or a maximum penalty of $500.

Driving while intoxicated is not a good idea. This applies to everyone. Our dedicated team of attorneys, however, understands that mistakes in judgment do get made. If you or a loved one has been arrested or accused of DUI, please contact our DUI defense firm today. Our attorneys have over 100 years of collective experience in defending DUI cases. Simply call us and let us help.

Call us at (941) 916-3627 today.

The Case Of Timothy Carr

The incident in question took place last month at a Brooksville, Florida Wal-Mart. The time of the incident was approximately 9 p.m. This is when Timothy Carr, a transient of Brooksville, was seen driving a motorized shopping cart while drunk.

According to witnesses and police reports, Carr was driving the motorized cart through the store. He soon steered the cart into Wal-Mart’s alcohol section. Here, he took alcoholic drinks from the shelf and put them in his cart. He opened one and began drinking. Carr then allegedly began driving the cart recklessly through the store. He crashed into shelves and knocked several items off onto the floor.

Carr was soon arrested and was later charged with DUI and disorderly conduct. The Wal-Mart DUI was Carr’s third arrest. His two prior arrests were for retail theft. Because of the number of his arrests, Carr’s latest charge was escalated to a felony crime. He could face jail time and fines.

Non-Car DUIs

Many people assume that DUI charges can only be imposed upon drivers of cars, or automotive vehicles. The truth, however, is that DUI charges can be brought against drivers of non-cars. “Non-cars” is a label simply used to describe items that aid in one’s movement or transportation but are not cars in the traditional sense of the word. Examples of non-cars include: motorized shopping carts, ATVs, golf carts, and even horses.

Florida statutes define “vehicle” as “every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” This broad definition of vehicle includes any device by which a person may be transported. This broad definition includes motorized shopping carts.

Under Florida DUI laws, the term “driver” refers to any person who drives or is in actual physical control of a vehicle on the road. Given the definition of “vehicle” supplied above, Florida laws state that drivers of motorized shopping carts are subject to basic DUI laws.

For drivers of motor vehicles, Florida’s basic DUI law is pretty clear. A driver is guilty of DUI if he drives, or is in actual physical control, of a vehicle; and, is under the influence of alcohol or drugs. An individual is deemed under the influence of alcohol or drugs if his normal faculties are impaired, or if his BAC is .08 or higher.

This basic rule holds true for drivers of motorized shopping carts. These drivers will be deemed guilty of DUI if they operate a shopping cart, or are in actual physical control of a shopping cart, and are under the influence of drugs or alcohol. Just as with drivers of passenger vehicles, drivers of motorized shopping carts are considered under the influence of drugs or alcohol if their normal faculties are impaired, or if their BAC is .08 or higher.

Arrests and charges for DUI can arise in a multitude of different contexts. No matter the context, or specific “vehicle” a person is driving, one thing remains for certain. DUI arrests and charges require assistance from experienced and knowledgeable DUI defense attorneys.

Our firm has the experience and knowledge that makes a difference. Our team of highly qualified Sarasota DUI defense attorneys has over 100 years of collective experience in defending DUI cases. If you or a loved one has been arrested for DUI, contact us today and let us show you our legal skills and commitment.

Florida law treats an arrest for DUI quite differently than an arrest for BUI. The following examines the three major differences between DUI and BUI in Florida. While differences in the law exist, it is still important to seek an experienced defense attorney if you have been arrested for either crime.

Probable Cause

An officer does not have unlimited power to stop the driver of a motor vehicle if he suspects the driver has been drinking. Under the Fourth Amendment, an officer must have probable cause that a driver is intoxicated, or committed a traffic offense, before that officer can legally stop a driver. The same does not hold true in the BUI context.

Law enforcement personnel have few restrictions on their ability to stop and board watercrafts. Officers can legally stop a boat for a variety of reasons. For example, they can stop a boat if the boat is speeding. They can also stop a boat in order to enforce safety registrations and fishing laws. Officers are by no means limited to stopping a boat only under those circumstances where they have probable cause or reasonable suspicion of illegal activity.

Sobriety Tests

Law enforcement personnel often utilize certain roadside or field sobriety tests in DUI cases. They use these tests to help determine whether a driver is under the influence of drugs or alcohol. The most common types of these tests include: the Horizontal Gaze Test, the Walk and Turn Test, and the One-Leg Stand Test. All three tests are designed to elicit and measure certain responses from a possibly impaired driver.

These traditional sobriety tests are not always utilized in BUI cases. The reason for this is that these tests may be difficult to administer in the BUI context. For example, the size or condition of a boat, the weather, and/or water condition may all make it virtually impossible for law enforcement personnel to conduct traditional sobriety tests. Thus, other tests are often used for BUIs. These include having a boat operator recite the ABC’s or count backwards from 25 to 1. Other tests used include a finger dexterity test and a palm pat test.

Test Refusal

Drivers arrested for DUI are typically subjected to a blood, breath, or urine test to measure their blood alcohol content. Drivers can refuse these tests; however, this refusal is a violation of Florida law. A test refusal for a driver arrested for DUI results in the suspension of his driver’s license for one year. For second and subsequent refusals, the person’s license will be suspended for 18 months and the driver will be charged with a first degree misdemeanor.

If a person is arrested for BUI and refuses to submit to a blood, breath, or urine test, the refusal is still a violation of Florida law. The refusal, however, does not impact a person’s driving privileges. Rather, a test refusal results in a $500 fine. For a second and subsequent refusal, the driver of a boat will be charged with a first degree misdemeanor.

The three differences discussed above are just a few of the many differences that pertain to Florida DUIs and BUIs. The fact is that there are many differences. Despite these differences, however, a person arrested for either DUI or BUI should contact an experienced Sarasota criminal lawyer for assistance.

Our firm can help. Our team of Sarasota criminal lawyers knows the intricacies of both DUI and BUI cases. Our team also has over a hundred years of collective experience in defending these types of cases.

If you have been arrested for DUI or BUI in Sarasota, contact us today. Call (941) 916-3627.