Seasoned DUI Representation for Sarasota County Residents
If you have been subjected to a DUI arrest, a conviction can lead to serious penalties, such as driver’s license suspension, fines, and possibly jail time. The stakes change substantially when a DUI charge goes from a misdemeanor to a felony. You want an experienced DUI defense attorney who knows the law and the process, who can anticipate the strategies and tactics police and prosecutors will use to get a conviction and protect your rights and freedom throughout the legal proceedings.
At the Law Offices of Eric Reisinger, we have the experience you need. Before setting up our practice, Eric Reisinger worked as a prosecutor at the State Attorney’s Office. With more than two decades of experience, our Sarasota DUI defense lawyer has an in-depth knowledge and understanding of how the state prepares and presents misdemeanor and felony DUI cases. We can quickly and accurately review the evidence against you and provide a realistic assessment of your likelihood of success in defending the charge.
Have you been arrested for a DUI? Call the Law Offices of Eric Reisinger, PA, today at (941) 541-5335 or contact us online to schedule a consultation with our DUI attorney in Sarasota.
What Constitutes a DUI in Florida?
Florida law prohibits drivers from operating a vehicle if:
They are impaired by alcohol or drugs to the extent their normal faculties are affected
They have a blood alcohol content (BAC) of 0.08% or higher
But DUI laws go beyond alcohol. You can also be charged for driving under the influence of illegal substances, prescription medications, or even over-the-counter drugs if law enforcement believes those substances impaired your ability to drive.
Our Sarasota DUI attorney regularly handles cases involving:
Alcohol-related DUI
Drug DUI (including cannabis and controlled substances)
Prescription medication DUI
DUI involving accidents or injuries
Underage DUI (BAC of 0.02% or more)
DUI with a suspended or revoked license
What are the Penalties For a Florida DUI?
A person can get arrested for a DUI by driving with a blood alcohol content (BAC) of at least .08 percent or under the influence of drugs. A first DUI conviction is punishable by a maximum jail sentence of six months, fines of up to $1,000, and driver’s license suspension for up to one year.
However, if your BAC is at least .15 percent – almost double the legal limit – or you were driving with a minor passenger at the time of your DUI arrest, you could be charged with aggravated DUI. A first offense carries a jail term of up to nine months and a maximum fine of $2,000.
For drivers under the age of 21, the state of Florida has a zero-tolerance policy; this means that any detectable alcohol in their system is forbidden. A driver underage with a BAC of 0.02% or higher can result in penalties.
What to Expect For a First-Time DUI Offense?
When you get your first DUI in Florida, you could face harsh penalties depending on a number of factors that occurred in your DUI. You could be facing fines of up to $1,000 and a prison sentence of up to six months, losing your license for 6 months.
If you have no significant prior criminal history, as a first-time offender, you could receive less:
A $500 fine
Probation for up to a year
A license suspension for six months
Possibly a six-month jail sentence
If your first DUI leads to the death or significant injury of someone else, you are facing a felony DUI, which is much worse and has harsher penalties. For your first DUI, you may be forced to attend drunk driving school, attend a drug and alcohol program, and be sentenced to community service.
When Does a DUI Become a Felony in Florida?
The following are some examples of felony DUIs in Florida:
Multiple DUIs – A third DUI charge in ten years or a fourth DUI is a third-degree felony, which can result in imprisonment for up to five years and a fine not exceeding $5,000.
Serious injury – A DUI causing serious injury is a third-degree felony.
Death – DUI manslaughter is a second-degree felony, which carries a maximum 15-year prison sentence and a fine of up to $10,000.
Felony DUI charges carry severe consequences that can affect not only your freedom but also your future opportunities. A felony conviction can impair your ability to secure employment, housing, and professional licenses. Understanding the full implications of these charges is crucial, which is why having seasoned legal representation is vital when facing such significant accusations.
What is an Administrative License Suspension?
After a DUI arrest in Florida, your driver’s license is automatically suspended unless you take immediate action. This is separate from the criminal case.
You have 10 days from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you miss this deadline, your license will be suspended—even if you are never convicted.
A Sarasota DUI attorney can handle this hearing on your behalf, challenging the evidence and seeking reinstatement of your driving privileges. In some cases, we can also help you obtain a hardship license so you can continue to drive to work, school, or medical appointments.
What are Potential Defenses Against DUI Charges in Sarasota?
Our Sarasota DUI defense attorney handles all matters related to DUI charges, preparing and filing all the necessary documentation and acting as your advocate in all hearings or proceedings. We will fully investigate the facts and circumstances of your case, looking first to see whether law enforcement officers had probable cause to make the traffic stop. We will also review police reports and question witnesses to verify that you were properly advised of your rights before making any statements to police.
Our firm will carefully examine the evidence to establish whether field sobriety and blood alcohol tests were correctly administered. We will look at the history of the arresting officer to determine whether he or she has a history of making things up just to get an arrest. If there are any violations of your constitutional rights, we will seek the exclusion of evidence and/or the dismissal of charges, if appropriate.
What Should You Do If You Get a DUI in Sarasota?
Getting a DUI (Driving Under the Influence) is a serious matter that can have significant legal and personal consequences. If you find yourself in this situation, here are some important steps to take:
Stay Calm: It's natural to feel anxious and upset, but it's crucial to stay as calm as possible. Panicking or reacting aggressively can make matters worse.
Cooperate with Law Enforcement: Be respectful and cooperative with the police officers during the stop. You are legally required to provide your identification, registration, and insurance information when asked.
Invoke Your Right to Remain Silent: You have the right to remain silent and not incriminate yourself. You do not have to answer questions about how much you've had to drink or where you've been. Politely inform the officer that you wish to remain silent.
Avoid Field Sobriety Tests (FSTs): You are not legally required to perform field sobriety tests, such as walking in a straight line or standing on one leg. These tests are voluntary and are often used as evidence against you.
Chemical Testing: In most jurisdictions, you may be asked to take a breathalyzer test or a blood test to measure your blood alcohol concentration (BAC). Refusing these tests can have consequences, such as license suspension, but the penalties for refusal vary by state.
Contact an Attorney: As soon as possible, contact a DUI lawyer in Sarasota with experience in handling DUI cases. They can provide guidance specific to your situation and protect your rights throughout the legal process.
Understand the Charges: Your attorney will help you understand the charges against you, the potential consequences, and the legal process you will face.
Attend Court Hearings: You will likely be required to appear in court for arraignment and other hearings. Your attorney will advise you on how to plead and represent you during these proceedings.
Remember that the specific legal consequences of a DUI can vary by jurisdiction, and the advice of a qualified DUI attorney is invaluable in understanding your rights and options. It’s essential to consult with an attorney to help you navigate the legal process and work towards the best possible outcome for your case.
Why Choose Our Sarasota DUI Defense Lawyer?
Here are several benefits of hiring our Sarasota DUI lawyer:
Knowledge of DUI Law: We have extensive knowledge of the laws and regulations related to drunk driving, which can be invaluable in ensuring a fair trial.
Negotiating with Prosecuting Attorneys: Our Sarasota DUI attorney knows how to negotiate with prosecuting attorneys and present legal arguments to get the best possible outcome for your case.
Understanding Complex Sentencing Guidelines: We can help guide you through the complexities of sentencing guidelines and make sure you understand what is expected from you.
Investigating Evidence: We can investigate any evidence presented by the prosecution and use this information to challenge their claims or create reasonable doubt about your guilt.
Crafting Defenses Against Charges: We know how to craft convincing defenses that may result in reduced charges or even dropped cases altogether.
Finding Opportunities for Plea Deals or Bargaining Agreements: Our Sarasota DUI lawyers are also well-versed in plea deals and bargaining agreements, which may allow clients to avoid jail time or get lesser penalties than they would otherwise receive without representation.
Contact Our Sarasota DUI Lawyer Today
Our Sarasota DUI lawyers are here to provide you with experienced legal representation and guidance during this challenging time. We understand the stress and uncertainty that can accompany DUI charges, and we are dedicated to assisting you in navigating the legal process with confidence. At the Law Offices of Eric Reisinger, PA, we aim to protect your rights and achieve the best possible outcome for your case. With years of experience and a deep understanding of Florida's DUI laws, we can advocate for your interests and work towards a favorable outcome. Contact the Law Offices of Eric Reisinger, PA, and let us be your advocates in the face of DUI charges. Your peace of mind and legal rights are our top priorities.
How Long Does a DUI Stay on Your Record in Florida?
In Florida, a DUI conviction is a serious offense that can have long-lasting impacts on your life. A DUI will remain on your driving record for 75 years, effectively being a lifelong mark on your record. Unlike some other states, Florida does not allow for DUI convictions to be expunged or sealed, making it imperative to seek skilled legal representation to potentially reduce the charges or pursue alternatives that will mitigate long-term repercussions.
This extended record can affect various aspects of life, including increased insurance rates, difficulties in securing employment, and challenges when obtaining certain professional licenses. For this reason, it is critical to approach DUI charges with a robust defense strategy aimed at achieving the most favorable outcome possible. Our firm is dedicated to exploring all available avenues to minimize the impact of a DUI arrest on your future.
What Should I Do Immediately After a DUI Arrest?
First and foremost, staying calm and cooperating with law enforcement is crucial when arrested for a DUI. While providing necessary identification details, avoid making self-incriminating statements or consenting to field sobriety tests, which are often voluntary. It's essential to contact a qualified DUI attorney, as they can provide immediate guidance on protecting your rights and strategizing a defense. Securing legal counsel early can significantly impact the management and outcome of your case. Preparing a detailed recollection of events, along with witness details and any potential discrepancies, will also support your legal strategy. Taking these steps promptly ensures that you are in the strongest possible position to deal with the charges against you.
Can a DUI Be Reduced to a Lesser Charge?
In some instances, DUI charges in Florida can be reduced to a lesser offense, such as reckless driving, particularly if mitigating factors are present or procedural missteps occurred during the arrest. A skilled attorney can negotiate on your behalf, highlighting these factors. Reducing a DUI to a lesser charge can significantly reduce the severity of penalties, both legally and personally. Our legal team is well-versed in understanding what can be leveraged to petition for a reduced charge, making our ability to craft a persuasive defense invaluable. Understanding how to present your case effectively can make the difference between a lasting criminal record and a more manageable outcome.
How Do Ignition Interlock Devices Affect DUI Sentences?
In Florida, the use of ignition interlock devices (IIDs) is often mandated as part of the sentencing for DUI offenders. These devices are installed in a vehicle and require the driver to perform a breathalyzer test before the vehicle’s engine will start. Failure to pass this test prevents the car from being driven. IIDs serve as a preventive measure to ensure public safety by keeping offenders from driving under the influence again. The stipulations around the installment of an ignition interlock device can vary based on the individual case's specifics but typically involve sustained use for a set period. Understanding this element as part of a DUI sentence is essential in navigating the legal obligations post-conviction.
What Are the Consequences of Refusing a Breathalyzer Test in Florida?
Florida's implied consent law states that by obtaining a driver's license, you consent to submit to chemical testing if suspected of DUI. Refusing a breathalyzer test carries serious consequences, such as an automatic license suspension (one year for the first refusal and 18 months for subsequent refusals). Additionally, refusal can be used as evidence in court, potentially complicating defense efforts. Our DUI lawyer is adept at handling the nuances of these cases, helping to navigate potential consequences and crafting strategies to address and counteract the implications of a refusal. Understanding your rights and obligations under Florida's DUI laws can be crucial in minimizing the considerable impact of such situations.
Let an experienced Sarasota DUI attorney guide you through the legal process and work to protect your license, your freedom, and your future. Schedule your free consultation now—call us at (941) 541-5335 or connect with us online.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
