Not all cases of Driving Under the Influence are the same. While Florida law imposes significant sanctions on individuals operating a vehicle with a breath-alcohol level of .08 or more, the law is even less forgiving for individuals operating a vehicle with a breath-alcohol level of .15 or more. In circumstances where an individual in Broward County, Palm Beach County, or Miami-Dade County is accused of Driving Under the Influence with a breath-alcohol level of .15 or more, or of Driving Under the Influence when a minor is in the vehicle, Florida law designates the crime: Driving Under the Influence (Enhanced).
To prove the crime of Driving Under the Influenced (Enhanced), the State must prove the following elements beyond a reasonable doubt:
The distinction between a standard charge of D.U.I. and an enhanced charge of D.U.I. is substantial. An individual convicted of Driving Under the Influence (Enhanced) faces a minimum $1,000 fine and a possible maximum fine of $2,000 (as opposed to the minimum $500 fine and maximum $1,000 fine for a standard first D.U.I.), a possible 9-month incarceration in county jail (as opposed to the possible 6-month incarceration for a standard first D.U.I.), and the mandatory placement of an ignition interlock device upon all vehicles that are individually or jointly leased or owned by the convicted individual, for a period not less than 6 continuous months. What is more, these penalties only increase when an individual is convicted of a second or subsequent charge of Driving Under the Influence.
For example, with an enhanced second D.U.I. conviction, the minimum fine is increased from $1,000 to $2,000, and the maximum fine is increased from $2,000 to $4,000. The required time period for the installation of an ignition interlock device is increased from 1 year to 2 years. Additionally, the possible jail sentence is increased from 6 months to 12 months.
For an enhanced third or fourth D.U.I. conviction, the minimum fine is increased to $4,000 and the maximum fine is increased to $5,000.
When faced with allegations of Driving Under the Influence (Enhanced), it is imperative to seek counsel from an experienced D.U.I. attorney. Kevin F. Moot is a Weston DUI lawyer with extensive litigation experience. As a former Palm Beach County D.U.I. prosecutor, he understands the weaknesses, strengths, and strategies of the prosecution’s case. His approach to D.U.I. defense is both goal-oriented and multifaceted.
The State imposes an automatic driver’s license suspension for anyone accused of a DUI offense. The accused have only 10 days to file an administrative challenge to the suspension. The Law Office of Kevin F. Moot will prepare and file the appropriate paperwork to start the process of getting clients back on the road safely and legally.
The Law Office of Kevin F. Moot will seek out every available avenue to mitigate the State’s evidence and to enforce the accused’s constitutional rights. Individuals accused of Driving Under the Influence (Enhanced) remain innocent until proven guilty. D.U.I. lawyer Kevin F. Moot will not only mount a vigorous defense for his clients, but he will also aggressively negotiate with prosecutors for reduced charges.
Contact our firm now at (954) 371-0770 to schedule your free consultation.