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Question for a Florida attorney regarding a DUI charge

I'd like to ask a...

I'd like to ask a Florida attorney regarding a DUI charge.. Hi something happened to me in June, I made a big mistake and was drinking and driving. I crashed my car in the concrete railing on a tow bringe. The cops arrived on the scene and arrested me and charged me with DUI and Property Damage. I blew .29, which is extremely high. The DMV case got dismissed. In two weeks we're going to the court in front of the prosecutor and the judge. I have never been in trouble before. What could happen ultimately? Am I facing jail time? This has been the scariest, most horrible ordeal. Needless to say I don't drink anymore. Please help me understand what the likely outcomes are to this. Thank you!

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Answered in 9 minutes by:
10/18/2013
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,692
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. If the cops arrived and did not see you behind the wheel of the vehicle, it is possible that you could have a legal defense to raise. If you are unable to retain private counsel, you will want to make a request to be appointed the public defender. They will make a demand for discovery and see all the evidence which the State has and will use against you at trial. The fact that the officer arrived after the crash and did not see anything, could possible result in a dismissal, since the State may have a hard time proving the corpus delicti. While this crime does carry jail time, if you are a first time offender and take a plea deal, you could be looking at a probationary sentence as well for 12 months, along with a license suspension, fines, court costs, community service and having an interlock device installed on the vehicle. If you went to trial and lost, the Judge could impose jail time.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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Customer reply replied 4 years ago

Thank you very much. Just to clarify - a plea deal would result in probation and suspension etc. instead of jail time? have you seen cases where no jail time is given?

Yes, for 1st time offenders, probation is certainly an alternative to jail. It is not to say that jail is out of the question but the State Attorneys seem to be more inclined to impose probation, then jail, for a first time offender who takes a plea deal.
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Customer reply replied 4 years ago

Thank you and last two questions. Sorry to take so much of your time. What exactly does a plea deal mean? And how long are the jail sentences usually for something like that? Thank you

You are welcome. A plea deal is when a defendant wants to resolve their case, without having to go through a trial. Both the defendant and the State come to an agreement on the sentence to be imposed and they resolve it via a plea deal. If jail were to be imposed, the State could ask for 30-60 days for something like this, as a first time offender. If there is nothing else, please remember to rate my help, so I can get the proper credit. Thank you.
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Customer reply replied 4 years ago

Thank you very much. I greatly appreciate your feedback!

You are welcome. Good luck.
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,692
Experience: 10+ years defending Misdemeanor and Felony cases.
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