Orlando DUI Attorney Blog

After conducting a routine "lawnmower" traffic stop, due to a rear light being out, it was discovered that the driver was riding under the influence of alcohol.

With much difficulty the rider was able to get off of the lawnmower.  When asked if he was OK by the officer he said "Yes," but did mention that he been drinking alcohol.   The officer informed the driver that he would need to take a field sobriety test.   The driver initially declined claiming that he had taken them before but, was far too large in size to take them again.  However, the driver eventually agreed.

As the officer demonstrated the walk and turn part of the tests, the driver commented that he "would have to hold onto something in order to do it".  At this point the physical exercises were stopped out of fear that the driver would hurt himself.

The driver did engage in a breathalyzer test, where he was then arrested and charged with DUI. 

Florida defines DUI as operating a vehicle while under the influence.  There is no requirement for it to be a motor vehicle.  So yes, in Florida you can be charged and arrested for a DUI while riding a lawnmower where the penalties are exactly the same as driving a car.

If you or someone that you know has been charged with a DUI, you need to retain a reputable and aggressive DUI attorney.  Attorneys at Musca Law have the experience and the knowledge to protect your rights.  They are not afraid to challenge or negotiate with prosecutors to get their clients charges reduced or dismissed.  Contact Musca Law about your legal matter today.

DUI is one of Florida's largest social issues. In 2008 there were 2,978 fatalities on Florida roadways that were alcohol related. Law enforcement agencies are cracking down on drivers that drink and drive this holiday season.

Although most people do not intend to drive home drunk there is no easy answer to know if you are over the limit.  There is no way to unequivocally answer this.  There are a large number of factors to add into the equation where someone can drink but still remain under the legal limit.   Dependent upon the drink consumed, the amount consumed, weight, ones age, and metabolism.  However, every drink that you consume can affect your degree of impairment.  This can result in endangering yourself and those around you.

The paramount answer would be to not drink and drive.  Florida has stringent laws which prohibit driving while intoxicated.   In short, first and second offenses are misdemeanors, third or subsequent offense is a third degree felony.  However, your driver's license can be immediately suspended for six months on the first offense to include high administrative fees. 

If you refuse a breathalyzer test, per Florida law your driver's license is suspended for one year as of the arrest date to include administrative fees.  A possible six month jail sentence on the first offense including astronomical fees, second offense could get you a conviction of nine months in jail plus additional fees.  A third arrest can afford you a twelve month jail sentence, with thirty days of the jail sentence being mandatory, vehicle impoundment of ninety days and further fees as ordered.   Expect a significant increase in your motor vehicle insurance, thus finding competitive quotes will be difficult as insurance companies are hesitant in taking the risk of insuring a driver with a history of a DUI conviction.

If you have been arrested on DUI charges, it is important for you to retain an aggressive and experienced Orlando DUI Criminal Defense Attorney who has the know how to build a successful defense that works for you.  Attorney John Musca is an experienced DUI criminal defense attorney that will work diligently to protect your rights.

Carlos Dunlap, University of Florida defensive end was arrested and charged with driving under the influence of alcohol within days of their biggest game of the season.

After reports made of a reckless driver near campus, police were dispatched where they found Dunlap asleep at the wheel.   After an officer had awoken Dunlap, he committed to field sobriety testing, however, refused a breathalyzer test.  Dunlap was then charged and booked.

After appearing before a judge he was released on his own recognizance. Dunlap, whose birthday is February, 28th was admonished for underage drinking.  However, as part of his release, Dunlap cannot possess alcohol or illegal drugs.   He is also to refrain from driving a motor vehicle.  If there is a violation of these stipulations he will be jailed

No court date for the DUI charge has been scheduled.

Driving under the influence of alcohol causes your physical and mental abilities to become impaired to the point that you are no longer capable of driving a motor vehicle.  Getting behind the wheel of a vehicle while intoxicated jeopardizes the lives and safety of not only yourself but those around you. For this reason, it is illegal to drive with a blood alcohol level at or above .08%.  

If you or someone that you know has been charged with a DUI, you need to retain a reputable and aggressive Florida DUI attorney.  Attorneys at Musca Law have the experience and the knowledge to protect your rights.  They are not afraid to challenge or negotiate with prosecutors to get their clients charges reduced or dismissed.  Contact Musca Law about your legal matter today.

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