Polk County DUI Attorney Musca on Possible DUI Enhancements in Polk County DUI Cases
Any driver arrested for DUI in Polk County and elsewhere in Florida must contend with dire consequences, but a set of laws referred to as DUI enhancement laws apply in special cases and can be particularly harsh. These enhancements increase the sentence for someone who is convicted of a DUI in Polk County and elsewhere in Florida. A court's imposition of any of these enhancements can substantially increase a jail or state prison sentence. The application of any of these enhancements can also significantly impact other DUI penalties. An overview of relevant DUI enhancement laws includes the following:
Minor Passenger in Vehicle: If a person is convicted of DUI where a minor is present in the vehicle, the court will impose use of an ignition interlock device for six months on a first offense and twelve months on a second offense. A DUI conviction with a child in the car may also lead to child endangerment charges. These charges are very serious and can also lead to a loss of custody or entanglement with social services.
Refusal to Submit to Chemical Testing: If a person has been arrested for a DUI before and during a subsequent arrest refuses to give a sample of breath, blood or urine, the driver may face enhanced or additional charges if he or she refuses the chemical test again.
Prior DUI Convictions: If a driver has prior DUI convictions, the penalties for subsequent offenses increase significantly particularly if a second offense occurs within 5 years or a third offense occurs within 10 years.
Excessive Blood Alcohol Content (BAC): A person with a blood alcohol concentration (BAC) of 0.15% is subject to the requirement that an ignition interlock advice be installed.
Inflicting Bodily Injury on Another: A DUI conviction involving injury to another person or multiple victims can lead to substantially increased incarceration, fines and other penalties.
DUI Resulting in Property Damage: If a driver is involved in a DUI accident with property damage, the driver will face increased penalties.
"The application of one or more of these enhancements can have a major impact on a DUI case and result in a sentence and other penalties that may be much stricter than in a standard DUI conviction," said Polk County DUI attorney John Musca. "A driver charged with a DUI where any of the circumstances giving rise to these enhancements are present should immediately seek legal advice from a qualified DUI lawyer."
Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida. Our Polk County DUI team will aggressively defend your rights on the State and Federal level. The prosecution is looking to punish you to the fullest extent of the law. You need a knowledgeable attorney that will watch out for you. Contact Musca Law for a free, comprehensive review of your case.
