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Florida DUI Laws

If you are convicted for driving under the influence (DUI) in Florida, the penalties can be severe and expensive. Under Florida law, a DUI offense occurs when a driver operates or is found in actual physical control of a motor vehicle while under the influence of alcohol or drugs to the extent that his or her normal faculties are impaired or with a breath/ blood alcohol level of .08 percent or higher. The sooner you contact the experienced Sarasota DUI attorneys at the Fowler Law Group, the sooner you can begin preparing a top legal defense.

Administrative Driver's License Suspension

Florida 10 Day Rule

It is possible to preserve your driver's license but you must act quickly! Under Florida law, you have the option to challenge your license suspension by requesting an administrative review hearing. Alternatively, if you have not been previously convicted of a DUI, you have the option to waive your right to the review hearing and request the immediate issuance of a Business Purpose Only (BPO) license. If you are issued a BPO license you will only be permitted to drive in order to maintain your livelihood (this would include driving for work, educational, church or medical reasons).

Regardless of which option you choose, you only have 10 days from the date of your arrest to take action. There are certain procedures that must be followed no matter which option you decide is best for you.

The legal team at Fowler Law Group has the experience to guide you through this process. Our experienced Sarasota DUI attorneys will carefully review your situation and advise you on all options that may be available to you.

Underage Drinking

Out-of-State DUI

If you are convicted of a DUI out-of-state, then the penalties imposed by the out-of-state court will follow you back home to Florida. State transport authorities share information relating to traffic violations, including DUI violations.

For example, if you have been convicted of drinking and driving in Georgia and have had your license suspended for a year as a result, then you cannot move back to Florida and operate your vehicle - the suspension will apply in Florida, too.

Further, any DUI violations in another state will count towards your "repeat offense" total in Florida.

Penalties for Repeat DUI Offenses in Florida

Penalties for a drunk driving conviction in Florida become increasingly severe with each conviction.

Fines between $500 and $2,000 (depending on blood alcohol content level). Mandatory 50 hours of community service (though this may be bought out to avoid), 10 days jail time, and vehicle impoundment.

Fines between $2,000 and $4,000 (depending on blood alcohol content level), minimum jail sentence of 10 days (maximum of nine months), potential five year license suspension, mandatory yearlong ignition interlock device, vehicle impoundment for at least a month.

Fines between $2,000 and $5,000 (depending on blood alcohol content level), tried as a felony, mandatory minimum of a month in jail, 10 year license revocation, community service, mandatory two-year ignition interlock device usage, vehicle impoundment for at least three months.

Fourth and Subsequent Convictions

Fines between $2,000 and $5,000, up to five years imprisonment, up to five years of probation, between 10 years and permanent revocation of one's license, mandatory two-year ignition interlock device usage, mandatory substance abuse course, mandatory substance abuse treatment, vehicle impoundment for at least three months.

If you do have your license revoked or suspended, it's worth noting that restricted, hardship licenses may be available under certain circumstances.

EXPERIENCED SARASOTA DUI ATTORNEYS CAN DEFEND YOU AGAINST THE QUESTIONABLE RESULTS FROM A FIELD SOBRIETY TEST

Drug-Related DUIs

In Florida, driving under the influence is a criminal offense that is not limited to alcohol-related intoxication. The fact that the law creates an easy-to-understand, objective standard for determining alcohol-related intoxication (at a blood alcohol content level of 0.08 or higher) often gives people the impression that the imposition of criminal liability in a DUI case is limited to alcohol-related intoxication - in truth, however, a defendant may be convicted of driving under the influence of either drugs or alcohol. The penalties are the same in either scenario.

It's worth noting that you can be held liable for driving under the influence of drugs even if you are not using prohibited illicit substances, such as marijuana or cocaine. In Florida, if your normal faculties are impaired due to having taken a controlled substance (or certain harmful chemicals, such as nitrous oxide), then you may be convicted of a drug DUI. Controlled substances includes prescription medication and other legal drugs. Impairment can also be connected to OTC medication use.

Prosecutors cannot hold you liable if you were not "impaired." Whether you were impaired will depend on test results and other evidence that demonstrates that your ability to safely operate the vehicle at-issue was diminished in some material aspect.

Impairment must be sufficiently significant as to raise concerns about safe operation. For example, taking allergy medication may have a slight impact on your ability to react quickly to stimuli in the environment, but is unlikely to be considered significant enough to qualify for a drug DUI.

DUI Fines, Penalties and Imprisonment

SCHEDULE A FREE CONSULTATION WITH OUR SARASOTA DUI ATTORNEYS TODAY

If you were charged with a DUI in Florida, you may be feeling overwhelmed and fearful of the future. Our defense law firm promises to provide you with honest and detailed feedback regarding your case. Call our Sarasota office now at 941-404-8908 to schedule your meeting with one of our top Sarasota DUI attorneys. We serve clients throughout Florida.

I retained the Fowler Law Group and obtained an excellent result. In every respect, the Fowler Law Group was professional, responsive and dedicated to obtaining the best possible result. I would recommend them for similar matters without reservation.

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Sarasota DUI Attorneys ǀ Fowler Law Group

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If you are convicted for driving under the influence (DUI) in Florida, the penalties can be severe and expensive. Under Florida law, a DUI offense occurs when a driver operates or is found in actual physical control of a motor vehicle while under the influence of alcohol or drugs to the extent that his or her normal faculties are impaired or with a breath/ blood alcohol level of .08 percent or higher.

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If your son or daughter has been arrested or charged with a crime, the potential penalties can be severe and have a long-lasting impact upon your child's future. Regardless of the seriousness of the offense, we know that juveniles make mistakes and these mistakes can be devastating.

When a minor is facing criminal charges, our legal team is committed to doing everything possible to protect that juvenile. Each Sarasota juvenile attorney at Fowler Law Group has years of experience representing youths in the Florida Juvenile Justice System. Whether a child is dealing with a drug-related offense, theft crime, burglary, battery or any other type of criminal charge, we work with youths and their families to achieve the best possible outcome.

The Florida Juvenile Justice System treats youths differently from adults. The Florida Department of Juvenile Justice operates "under a strategy of redirection and rehabilitation." Unlike the adult system, which is punitive in nature, Florida's juvenile justice system focuses on providing treatment and services that "effect positive behavioral change" in juvenile offenders. Florida Statute 985.02 provides that the juvenile justice system was established to protect the public by preventing and reducing delinquency and aims to develop methods and initiatives that:

Maintain and strengthen families so that children can remain in their own homes and communities;

Divert youth away from the traditional juvenile justice system, offer early intervention in juvenile delinquency and provide alternatives to institutionalization;

Offer cost-effective programming and provide quality services and skilled personnel; and

Allow local governments, public agencies and private organizations to operate treatment programs aimed at rehabilitating youth and to conduct delinquency prevention research, evaluation and training services.

If you are dealing with Florida's Juvenile Justice System for the first time, you are probably wondering what will happen to your child. There are many steps in the juvenile justice process and a Sarasota juvenile lawyer at Fowler Law Group can help guide and navigate you through all stages of the process. Our legal team knows how the Florida juvenile justice system operates. As a former Sarasota County Juvenile Prosecutor, James Fowler has an intimate understanding of the juvenile justice system. We know that you and your child may be feeling scared and overwhelmed and we are here to help.

While most cases involving youths will be handled in the juvenile justice system, certain felony offenses and violent crimes may be tried in adult criminal court. Unlike the juvenile system, Florida's adult criminal justice system does not focus on rehabilitation. Because the adult criminal justice system is far more punitive in nature, our firm takes all steps possible to avoid juveniles being tried as adults.

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Sarasota Juvenile Attorney ǀ Fowler Law Group

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If your son or daughter has been arrested or charged with a crime, the potential penalties can be severe and have a long-lasting impact upon your child's future. Regardless of the seriousness of the offense, we know that juveniles make mistakes and these mistakes can be devastating.

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Domestic Battery Laws

Seen as a crime of violence, a battery conviction could lead to mandatory anger management counseling, probation, jail or sometimes even prison. There are always two sides to a story and it is important to have experienced domestic battery lawyers who are in your corner and are willing and able to present your side of the events.
In Florida, when an officer responds to a domestic disturbance call, more likely than not one party will be going to jail that night, with a zero bond. This means that the defendant will be unable to get out of jail until a First Appearance judge, which will take place within 24 hours of the defendant's arrest, sets bond. At First appearances, the Judge has the option to set restrictions upon the release of the defendant, usually issuing a no contact order between the defendant and the victim and prohibiting the defendant from returning to the property where the alleged incident took place. As a result, the Defendant will often be prohibited from speaking to a loved one, or even returning to their home.

In certain circumstances, a defense attorney may be able to get these conditions of released modified so that the defendant may return home. Additionally, upon conviction for such an offense, the defendant would be required to attend and complete a 29-week Certified Batterer's Intervention Program, in addition to other sanctions such as fines, probation or even incarceration. When you hire a member of the Fowler Law Group, you'll have a Florida domestic battery attorney who has been on both sides of the table when dealing with these types of cases. As former prosecutors, our lawyers have handled minor domestic cases involving pushes, to more involved cases dealing with injury to the alleged victim.

Simple Battery (Non-Domestic)

Generally, a battery occurs when someone becomes the victim of an unwanted touching. Contrary to popular belief, a battery does not necessarily have to be a punch. It can be as simple as a push, poke, or even spit. Nevertheless, simple battery is considered a first-degree misdemeanor in Florida, punishable by 11 months and 29 days in county jail. When prosecuting battery cases, the State will typically use photographs collected by police officers at the scene, witness statements, and their own observations of how the alleged victim looked when police arrived. It VERY important that the defense of battery cases begin as soon as possible after the arrest. The defendant may have bruising or scrapes consistent with self-defense, and it is important to document that evidence before the injuries begin to fade. The Sarasota domestic battery attorneys at Fowler Law Group can help by explaining the process, and advising you as to what steps can be taken to place you in the best position possible.

Felony (Aggravated) Battery

Felony battery occurs when the injuries to the alleged victim are so serious enough to cause "great bodily harm, permanent disability, or permanent disfigurement" Felony battery also takes place when it is "aggravated" in the sense that a deadly weapon was used, or the victim was pregnant, and the defendant knew or should have known that the victim was pregnant. Aggravated battery charges could lead to up to 15 years in prison, 15 years' probation and/or fines up to $10,000. Felony battery is a serious charge that needs serious defense work to explore any potential defenses. Don't leave the fate of your conviction up to chance. Contact a Sarasota domestic battery attorney from the Fowler Law Group today by calling 941-404-8909 or using our contact form below.

Fowler Law Group proudly represents the citizens of Sarasota and Manatee Counties as well as the surrounding Tampa Bay area. Our experienced team will help guide you through the judicial process and answer all of your questions with honesty and integrity. We understand the important nature of your call, and we will strive to return all calls within 24 hours. Contact us today by completing our online form or calling us at 941-404-8909.

I retained the Fowler Law Group and obtained an excellent result. In every respect, the Fowler Law Group was professional, responsive and dedicated to obtaining the best possible result. I would recommend them for similar matters without reservation.

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Sarasota domestic battery attorney | Fowler Law Group

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Seen as a crime of violence, a battery conviction could lead to mandatory anger management counseling, probation, jail or sometimes even prison. There are always two sides to a story and it is important to have experienced domestic battery lawyers who are in your corner and are willing and able to present your side of the events.

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A violation of probation is a serious matter that should be handled with extreme caution. There are many ways to violate probation and, if you are found to be in violation of misdemeanor or felony probation, you could receive a substantial jail or prison sentence that is equal to the statutory maximum the trial court could have imposed at the time of being sentenced on your original charge(s). As a former prosecutor, our Sarasota probation violation attorney has the experience and insight necessary to ensure that you receive the best possible outcome to your case.

A violation of probation occurs when a person commits a willful and substantial violation of the terms and conditions of his or her probation. Therefore, there must be a failure of compliance that is significant and done willfully.

A probationer who fails to comply with the conditions of his or her supervision despite reasonable or good-faith efforts to comply (i.e. pay fines or court costs) does not violate his or her probation willfully. Technical violations (see below) are also not considered substantial or willful violations. A single missed appointment with a probation officer, for example, is not sufficiently substantial to support a finding of a violation of probation and your Sarasota probation violation attorney will present this to the court.

The court may not declare a violation of probation where the conduct forming the basis of the alleged violation occurred before probation began or was imposed after the probationary period ended.

Generally speaking, there are two categories of violations: "substantive" violations and "technical" violations. A substantive violation of probation occurs when the Defendant commits a new crime while on probation.

A technical violation of probation occurs when a probationer fails to comply with a specific condition listed in the probation order. Examples of a technical violation include failing to pay restitution, failing to pay fines and court costs, failing to perform community service, failing to complete a DUI school, failing to complete a Victim Awareness Program, leaving the jurisdiction, failing to submit to random drug testing, and failing to report to one's probation officer.

Your Sarasota probation violation attorney will explain this to you in more detail, but there are two primary defenses to probation violation: 1) the violation was not willful, and 2) the violation was minor, or insubstantial.

Probation violations must be deemed willful in order for punishment to be imposed. If you can show that your violation was unintentional, then you will avoid liability entirely. For example, suppose that you violate your probationary curfew condition due to unexpected traffic on the road, then that will likely not be considered a willful violation.

Not all probation violations - intentional or otherwise - are substantial enough to lead to a revocation of probation itself, or to the imposition of additional terms and conditions. Prosecutors will have to show that your violation was material and substantial.

For example, if you are banned from using the internet (except during set hours) due to the terms of your probation, but you send a message to a friend using cellular phone data, that may not be considered a substantial and material violation. When cellular phone data is used to send a text message (but not to browse the internet), it is technically "internet-based," but the court is unlikely to see it as material to the probationary conditions, unless a separate phone use condition applies.

Upon the revocation of probation in Sarasota, the court may impose any sentence, which it might have originally imposed before placing the probationer or offender on probation. Hence, the defendant may be sentenced up to but not in excess of the maximum penalty allowable by law.

The court also has the option to reinstate probation or modify probation, and perhaps impose additional conditions. In cases involving minor technical violations, the court may even allow for more time for the probationer to complete the outstanding conditions with no further penalties. Because the facts and circumstances of each probation violation case can vary extensively, it is imperative to hire an experienced Sarasota probation violation attorney to ensure that you receive the best possible outcome to your case.

If you have been accused of violating your felony or misdemeanor probation in Sarasota, a probation violation attorney at Fowler Law Group can help. Contact our office at: 941-404-8909 to schedule your free and confidential case evaluation.

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Sarasota Probation Violation Attorney ǀ Fowler Law Group

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A violation of probation is a serious matter that should be handled with extreme caution. There are many ways to violate probation and, if you are found to be in violation of misdemeanor or felony probation, you could receive a substantial jail or prison sentence that is equal to the statutory maximum the trial court could have imposed at the time of being sentenced on your original charge(s).

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2075 Main Street, Suite 38
Sarasota, FL 34237
Phone: 941-404-8909

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1201 6th Avenue West, Suite 108
Bradenton, FL 34205
Phone: 941-404-8919

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Being arrested can only be described as traumatic. Still, the trauma of being arrested, for most parents, is eclipsed by learning that one of your children has been arrested, especially if the child is a minor and still living at your home.

The very first step should happen before anyone is ever arrested. If you haven't done so already, be sure your children understand their rights. They should know not to volunteer any information or answer any questions when arrested, aside from their name and basic information, such as a driver's license or insurance card. They should immediately request to speak to you, and you should immediately call a skilled juvenile lawyer. If you are unavailable, your children should request an attorney themselves.

The Critical First Steps

When your minor child has been arrested, it's important to set aside your feelings of anger, fear, and frustration and concentrate on the critical first steps. The best way to get some immediate relief is to contact an attorney, someone who will take control, help you calm down, and be on your side only. Rest assured that an attorney can help.

Of course, from this point on, your lawyer will direct you regarding what steps to take, when to take those steps, and how to take those steps. Nonetheless, if you have not yet contacted an attorney for some reason or another, or even if you have, your critical first steps will likely be something along the lines of the following:

Understand the charges. The arrest could be for a single reason or multiple reasons, and there may be multiple charges. It's important that you understand exactly what you're facing. Ask for copies of the arrest records and ask the arresting officer for any information they are willing to give you. Most police officers are sympathetic to these situations, and their advice may be critical. Go online and research the charges, being sure to limit your research to your particular state in most cases, so you can understand what kind of legal representation will be required.

Be respectful. If you do have contact with the arresting officers, politeness, courtesy, and cooperation go a long way. Still, don't make the mistake of thinking the police are on your side. Technically, they shouldn't be on anyone's side, but rather should behave neutrally.

Don't play lawyer. Unless you are a criminal attorney, don't pretend to be one. Even if you are an attorney, conventional wisdom dictates that you do not attempt to represent your child, but rather hire an independent attorney.

Fulfill all legal requirements. At this point, you'll have to deal with the formalities of the arrest, such as arranging for bail, attending hearings, and filling out mountains of paperwork. Accordingly, your lawyer should be directing you through the long process of dealing with an arrest.

The Next Steps

Aside from the criminal proceedings, there will likely need to be some changes in your children and in your family life in order to prevent future arrests. Consider the following steps:

Talk to your child. Try to understand what happened from their point of view, without anger. Figure out any underlying issues that may have led to the illegal behavior. Try to make sure that lines of communication in your household are open and safe. Reassure your children that they can come to you with any issue without fear of recrimination.

Reassure your child. This isn't the end of the world, but it may seem like it to your child. Reassure them that this issue will be resolved, and that life will go on.

Stay supportive and work together. This is key to getting cooperation from your child.

Consider counseling. Some illegal behavior is a warning sign that your child may be troubled beyond what you are capable of dealing with. Explore the possibility of getting expert help.

Seeing your child being arrested is a traumatic and often bewildering experience. You don't have to face it alone. If one of your minor children has been arrested, seek help from a legal professional.

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Local Announcement: What to Do If Your Child Gets Arrested

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Being arrested can only be described as traumatic. Still, the trauma of being arrested, for most parents, is eclipsed by learning that one of your children has been arrested, especially if the child is a minor and still living at your home. The very first step should happen before anyone is ever arrested.

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Domestic violence is bad for everybody involved. Obviously, victims of domestic violence are in a very bad spot, with few realistic options. Perpetrators of domestic violence are often filled with shame and are typically genuinely apologetic and often don't understand why they can't control themselves.

The realistic best hope for everyone involved is that the perpetrator receive professional counseling and get themselves on the right track for recovery. Sometimes, it takes being arrested to convince perpetrators to get the help they need. If you are a victim of domestic violence, you should have a safety plan in place, as discussed below. If you have been of domestic violence in Florida, contact the Sarasota criminal defense attorneys at the Fowler Law Group to help you obtain your best possible outcome.

Developing a Safety Plan

Ideally, an effective safety plan is optimized for victim safety at every stage of abuse and is customized for each individual's personal safety in mind, along with any family members who may be caught in the middle. It should include at least:

A detailed plan for escaping dangerous situations caused by changes in your relationship, such as dissolving a marriage or breaking up with a partner.

The identities of safe friends and the location of safe places, along with the phone numbers of these friends and local safety organizations.

A list of the essential items you'll need to take if you need to or decide to leave.

Information about local domestic abuse resources and of your legal rights.

An incorporation of what you are already doing to survive.

Following this type of safety plan won't guarantee your safety, but it should help make you safer. Nonetheless, it should be emphasized that your safety plan be right for you individually and your particular circumstances. This type of safety plan may not work for you, and some of the suggestions might even endanger you further. Always do what you think is best to keep yourself and other affected family members safe.

Help is Available

Remember that there are organizations that you can turn to for help with your safety and the safety of your family. For example, if you can find a safe computer, for example, a computer in your local library, you can reach out to organizations like National Domestic Violence Hotline or the Center for Relationship Abuse Awareness to help you develop your individualized safety plan.

Contact Our Sarasota Criminal Defense Attorneys If You've Been Accused of Domestic Battery in Florida

Domestic violence is a no-win situation for everyone unless and until the perpetrators get the professional counseling they need. If being arrested is what it takes to convince someone to get such counseling, then it may be beneficial for them in the long run.

In any event, every person in this country is constitutionally entitled to a defense in court, so if you've been accused of domestic violence in Florida, let the Sarasota criminal defense attorneys at The Fowler Law Group help. Our experienced team can help you get yourself into recovery, handle your defense with compassion, work to obtain your best possible outcome, and possibly even get your charges sealed or expunged . Please contact us online .

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Domestic violence is bad for everybody involved. Obviously, victims of domestic violence are in a very bad spot, with few realistic options. Perpetrators of domestic violence are often filled with shame and are typically genuinely apologetic and often don't understand why they can't control the

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Domestic violence, also known as family violence, is the use of violence, threats, force, or intimidation to control or manipulate a family member, partner, or former spouse or partner. In these types of relationships, there is a power imbalance where violence or abusive behavior is used by the dominant party to control others within the relationship.

Domestic violence is not only caused by men, but men are most often the perpetrators, and women and children are often the victims. On a global scale, one in three women experiences violence from a partner. Family violence can occur in any kind of family relationship, in both heterosexual and homosexual relationships, between couples, family members, and against people who are disabled or elderly.

Still, despite the near-universal negative opinions on domestic violence perpetrators, there are reasons that people commit domestic violence, and, as is the case of all types of violence, some of these reasons are beyond the control of the perpetrators until they seek professional help.

If you have been accused of domestic violence in Florida, contact the experienced Sarasota domestic battery lawyers at the Fowler Law Group. We understand the position you are in and will help you obtain your best possible outcome.

Common Factors in Domestic Violence

The common factors in domestic violence relationships are eerily similar to the factors that are common among perpetrators of other types of violence, such as gang violence or crime-related violence, with the added factor of continuing gender inequality, despite efforts to eliminate it. Some of these common factors include:
Socio-Economic Inequity
The difference between "upper-class" and "lower-class" has never been as great as it currently is. People who are struggling just to keep food on the table are under a huge amount of stress, and males, in particular, feel the shame of not providing their families with a better lifestyle. It is estimated that almost a third of adults with partners reported that money is a major source of conflict in their relationship.
Minimization
Abusers often try to minimize their use of violence and the impact that their violent behavior has on family members.
The Masculinity Myth
Males continue to hold certain outdated beliefs about masculinity, including what a "real" man should be. These myths include being "tough," powerful, and the head of the household. They continue to believe that they should make all household decisions, including about how money is spent.
Excuses
any abusers make excuses for their violence by blaming, for example, stress, work issues, or alcohol, even though this too is a myth. Although alcohol may be a trigger for domestic violence, it is rarely the cause.
The "Control" Excuse
A primary excuse used by abusers is that they "lose control." Nonetheless, they don't lose control in non-domestic situations, such as work or social gatherings.
Sex
Many abusers believe that they are entitled to sex from their partners.
Responsibility
Many abusers don't take responsibility for their actions and prefer to think that the abused family member somehow "provoked" their behavior.

Our Sarasota Domestic Battery Lawyers Can Help If You've Been Accused of Domestic Violence in Florida

Domestic violence is a bad situation for everyone involved. Sometimes, abusive people actually benefit from domestic violence accusations, in effect "waking up" to their need for professional counseling. In any event, every person in this country is constitutionally entitled to a defense in court.

If you've been of domestic violence in Florida, let the Sarasota domestic battery lawyers at The Fowler Law Group help. Our experienced domestic battery defense attorneys can help guide you into recovery, handle your defense with understanding, work with you to obtain the best possible outcome, and possibly even get your charges sealed or expunged . Please contact us online .

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Domestic violence, also known as family violence, is the use of violence, threats, force, or intimidation to control or manipulate a family member, partner, or former spouse or partner. In these types of relationships, there is a power imbalance where violence or abusive behavior is used by the dom