Meet Dan. Unfortunately, Dan is not the most stellar decision maker. Dan got pulled over three years ago for swerving in his lane and was then arrested for driving under the influence after blowing a 0.08 on the breathalyzer. After serving his time in jail, getting out on probation and paying all of his fines, Dan was finally done paying his debt to society.
Like some people are prone to, Dan was unable to make the lesson he had learned stick. He decided to drive again after drinking one night. While Dan had stuck to the one drink per hour limit he promised himself, he nevertheless made a risky choice by getting behind the wheel.
As Dan's luck would have it, there was a sudden accident on the road ahead of him. He attempted to swerve out of the way, but ended up making a brief impact with a pickup truck in the adjacent lane. Dan pulled over to check on the truck driver, who had very minor injuries and said he should be fine. Nevertheless, the truck driver wanted to file a police report for an insurance claim. When Dan gave his statement to the police officer, the officer asked Dan if he had been drinking that night. Not wanting to get in trouble, Dan said “Yes, but just a few.”
The officer instructed Dan to use the breathalyzer, and Dan blew a 0.07. The officer then requested that Dan perform some field sobriety tests. During the walk and turn test, Dan did not make consistent heel-to-toe contact. The officer also claimed that he saw Dan wobbling. Dan was arrested for his second DUI, and the police officer also ticketed him for being at-fault for the collision with the truck driver.
With a Second DUI in Florida, Dan Could Be in Big Trouble
Since Dan is facing a second DUI within Florida's five-year lookback period, Dan could incur criminal penalties that include jail time for up to a year as well as a mandatory 10 days. Worse, the minor collision Dan was involved in could transform his charges from a misdemeanor to a felony.
While Dan has made some poor decisions, he is also a somewhat victim of circumstance in this situation. He was below the legal limit, and his field sobriety test results could have been affected by the fact that he was nervous. Dan may also not be legally at-fault for the accident if he is able to successfully claim that it was unavoidable given the collision that already happened ahead of him.
If you are in a situation like Dan's, we suggest you find an experienced Florida DUI attorney to present the facts of your case. Without representation, you could easily be misrepresented by the prosecutor and face unfair charges. Koberlein Law Offices has locations in Gainesville and Lake City, Florida to offer you skilled DUI attorney representation with lawyers that genuinely care about your case. Do not let a small mistake turn into a giant regret. Contact us today.