Former-Prosecutor Insight for Your Sarasota DUI Defense
If you have been arrested for DUI, you may face two separate proceedings: a criminal case and an administrative action against your driving privileges. The stakes rise if the allegations involve prior convictions, serious bodily injury, or death. Because each process has its own deadlines and consequences, prompt legal review matters.
Before founding our firm, Eric Reisinger worked as a prosecutor at the State Attorney’s Office. With more than two decades of experience, we understand how the state prepares and presents misdemeanor and felony DUI cases. We can review the evidence against you and provide a realistic assessment of the available defense options.
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 or breath-alcohol level 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 over-the-counter drugs if the state alleges those substances impaired your normal faculties.
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 (including administrative consequences at a breath-alcohol level of 0.02 or higher)
DUI with a suspended or revoked license
What Are the Penalties for a Florida DUI?
A first DUI conviction can carry a fine of $500 to $1,000 and up to six months of incarceration, along with other statutory requirements that may include probation, community service, vehicle immobilization, and DUI school.
Enhanced statutory penalties can apply if the blood-alcohol or breath-alcohol level is 0.15 or higher or if a passenger under 18 was in the vehicle. For a first conviction under those circumstances, the maximum incarceration period can increase to nine months, and the fine range can increase to $1,000 to $2,000.
For drivers under the age of 21, Florida has a zero-tolerance administrative license law. A driver under 21 with a breath-alcohol level of 0.02 or higher can face administrative driving consequences, separate from the criminal DUI case.
What Can You Expect After a First DUI Charge?
For a first DUI charge in Florida, the consequences depend on the test results, prior record, crash or injury allegations, and final disposition. You could face fines, probation, community service, DUI programming, incarceration, and criminal-case license consequences.
If a DUI allegation involves serious bodily injury or death, the charge may be a felony and carries substantially different penalties. License consequences may also arise through an administrative suspension proceeding, which is separate from the criminal prosecution.
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 can be prosecuted as a third-degree felony when the statutory prior-conviction requirements are met. A conviction can result in imprisonment for up to five years and a fine not exceeding $5,000.
Serious Injury: DUI causing serious bodily injury is a third-degree felony.
Death: DUI manslaughter is generally a second-degree felony, which can carry up to 15 years of imprisonment and a fine of up to $10,000.
Felony DUI charges can threaten your freedom and affect employment, housing, professional licensing, and driving privileges. Classification and sentencing depend on the applicable statutory subsection, prior convictions, timing, injury allegations, death, and the facts surrounding the crash.
What Is an Administrative License Suspension?
After a DUI arrest in Florida, the Florida Department of Highway Safety and Motor Vehicles may impose an administrative license suspension. This is separate from the criminal case.
In applicable DUI suspension matters, you generally have 10 days from the date of arrest or notice of suspension to request an administrative review. A formal review hearing is one available review process. Missing the deadline can affect your ability to challenge the suspension administratively, even though the criminal case remains separate.
We can represent you in administrative license proceedings and address driving-privilege issues after a DUI arrest. Depending on the applicable facts and law, restricted or hardship driving privileges may be available.
What Are Potential Defenses Against DUI Charges in Sarasota?
We investigate the facts and circumstances of your case, including whether law enforcement had probable cause to make the traffic stop and arrest. We also review police reports and witness information to assess whether you were properly advised of your rights before making statements to police.
Our firm carefully examines available evidence, including field sobriety testing and breath, blood, or urine testing, to determine whether procedures were properly followed. We review the arresting officer’s reports, testing evidence, and other available records for legal or procedural problems. If there are violations of your constitutional rights, we can seek exclusion of evidence or dismissal of charges when appropriate under the facts and Florida law.
What Should You Do If You Get a DUI in Sarasota?
After a DUI arrest, take practical steps to preserve information, protect your rights, and address approaching deadlines:
Stay Calm: It’s natural to feel anxious and upset, but staying calm can help you avoid making the situation more difficult.
Provide Required Information: Be respectful with law enforcement and provide identification, registration, and insurance information when required.
Be Careful About Statements: You have constitutional rights, and you should seek legal advice about responding to questions concerning the arrest.
Preserve Paperwork: Keep arrest documents, citations, bond paperwork, and court notices. Note important dates, including any driver’s-license deadline.
Understand Testing Consequences: Field sobriety exercises, chemical testing, and refusal issues can involve different legal considerations. Get advice based on your specific circumstances and current Florida law.
Contact an Attorney: As soon as possible, contact our DUI lawyer in Sarasota for guidance specific to your situation and representation throughout the legal process.
Understand the Charges: Your attorney can help you understand the charges, potential consequences, and legal process you may face.
Attend Court Hearings: You may be required to appear in court for arraignment and other hearings. Your attorney can advise you on how to proceed and represent you during these proceedings.
Former-Prosecutor Experience in Negotiations & Court
Attorney Reisinger’s former-prosecutor background gives our firm insight into how the state prepares and presents criminal cases.
Negotiating With Prosecutors: We can negotiate with prosecuting attorneys and evaluate possible resolutions based on the facts, evidence, prosecutor, and court.
Preparing for Hearings or Trial: Our misdemeanor and felony litigation experience allows us to represent clients in court when necessary.
Explaining Available Options: We provide clear guidance about the charge, sentencing considerations, driving consequences, and next steps.
Contact Our Sarasota DUI Lawyer Today
During a free initial consultation, we can discuss the facts of your arrest, the criminal charge, and any driver’s-license deadline. We can also explain how we would investigate the evidence, address the administrative license proceeding, and prepare for negotiations or court.
How Long Does a DUI Stay on Your Record in Florida?
In Florida, a DUI conviction can remain on a driving record for 75 years. An arrest isn’t the same as a conviction, and a driving record is distinct from questions about criminal-record sealing or expunction. Florida generally doesn’t allow a DUI conviction to be sealed or expunged.
A DUI conviction can affect insurance rates, employment, and certain professional licenses. We can review the charge and evidence and explain the available options for your circumstances.
What Should I Do Immediately After a DUI Arrest?
Preparing a detailed recollection of events, witness details, and available documents can support your legal strategy. Note important deadlines that may apply to your case. Contact a qualified DUI attorney promptly for advice about the criminal charge and any administrative driver’s-license consequences.
Can a DUI Be Reduced to a Lesser Charge?
In some cases, a DUI charge can be negotiated to a lesser offense, such as reckless driving. That possibility depends on the facts, available evidence, legal issues, the prosecutor, and the court. It can’t be promised in every case.
Our legal team can evaluate the circumstances of the arrest, identify issues that may affect the case, and discuss potential negotiation options with you.
How Do Ignition Interlock Devices Affect DUI Sentences?
An ignition interlock device requires a breath sample before a vehicle will start. Florida may require an ignition interlock device following certain DUI convictions, and the duration can depend on the conviction, statutory subsection, license status, and court or agency action.
Because ignition interlock requirements vary, we can explain how this issue may apply to the charge and your driving privileges.
What Are the Consequences of Refusing a Breathalyzer Test in Florida?
Florida’s implied-consent law can impose administrative driver’s-license consequences for refusing a lawful request for breath, blood, or urine testing. A first refusal can result in a one-year administrative suspension, while a subsequent refusal can result in an 18-month suspension. These administrative consequences are separate from the criminal DUI case.
A refusal may also be relevant evidence in the criminal case. Our DUI lawyer can review the circumstances of the request, the paperwork, and the available options for addressing both the license issue and the charge.
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.
Successful Resolution2019 CF 1401 - Armed Buglary
Case Dismissed2018 MM 000354 – Misdemeanor Battery
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Case Dropped2021 CF 000518 AX - Felony Aggravated Assault
Case Dismissed2018 MM 016449 NC– Misdemeanor Battery
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.
