Pensacola DUI Attorney
CALL NOW FOR A FREE CASE EVALUATION
(850) 437-9410
Our firm handles legal matters in the following practice areas: State and Federal Criminal Law, Personal Injury, DUI, Drug Crimes, Homicides, Juvenile Law, Dependency, Sexual Assault, Traffic Violations, Domestic Violence, Paternity, Family Law, Divorce, Child Custody, Automobile Accidents, Slip and Fall, Products Liability.
COMMONLY ASKED QUESTIONS AND ANSWERS
TYPE OF CASES OUR FIRM HANDLES
I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (850) 437-9410 or email at rabbylaw@aol.com
THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (850) 437-9410.
Driving Under the Influence
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same according to Florida DUI laws, regardless of the manner in which the offense is proven.
Fine Schedule For A DUI In Florida:
First Conviction for a DUI in Florida:
- Not less than $250, or more than $500.
- With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
Second Conviction:
- Not less than $500, or more than $1,000.
- With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Community Service First Conviction:
- Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
FL DUI Probation: First conviction:
- Total period of probation and incarceration may not exceed 1 year.
Imprisonment:
At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
First Conviction:
- Not more than 6 months.
- With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction:
- Not more than 9 months.
- With BAL of .20 or higher or minor in the vehicle: Not more than 12 months.
- If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Impoundment or Immobilization:
Unless the family of the defendant has no other transportation
- First conviction = 10 days;
- Second conviction within 5 years = 30 days
- Third conviction within 10 years = 90 days
Impoundment or immobilization must not occur concurrently with incarceration.
The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
- Conditions for Release of Persons Arrested for DUI in Florida
- The person is no longer under the influence
- The person's normal faculties are no longer impaired
- The person's blood/breath alcohol level is lower than 0.05
- Eight hours have elapsed from the time the person was arrested.
Misdemeanor Conviction of DUI in Florida:
Accident Involving Property Damage or Personal Injury
Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
FL DUI Felony Conviction:
Repeat Offenders or Accidents Involving Serious Bodily Injury
Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment). Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender.
Driver License Revocation Periods for DUI:
- First Conviction: Minimum 180 days revocation, maximum 1 year.
- Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
- Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
- Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
Website: www.rabbylaw.com
Connect: www.duilawyerlocator.com
Christopher Rabby
Criminal Defense & Juvenile Law
The office of Christopher L. Rabby practices law in Pensacola, Florida and Escambia County
Our entire staff is dedicated to helping clients with their legal matters regarding:
- Criminal Defense in Florida Courts
- Criminal Defense in Federal Court
- Defense of all criminal charges,
-
- Sex charges
- Drug and Alcohol charges
- Violence charges
- Theft charges
- Driving offenses (DUI)
- Probation Violations (VOP)
- Personal Injury
Admitted:
1992, Florida; 1995, U.S. District Court, Northern District of Florida; 1996, U.S. Court of Appeals, 11th Circuit; 1999, U.S. Supreme Court
Law School:
St. Thomas University - Miami, FL, J.D.
Member:
Escambia-Santa Rosa and American Bar Associations; The Florida Bar; National Association of Criminal Defense Lawyers (Life Member); Florida Association of Criminal Defense Lawyers (Life Member); Society of Criminal Defense Bar (Former President).
Biography:
Phi Alpha Delta.
Born:
Rocky Mount, North Carolina, 1966