Tavernier, FL DUI Law Firms & Lawyers

You have the option of entering a plea deal on the DUI in court or taking the case to trial. At trial the state must prove (1) you were operating or in actual physical control of a motor vehicle (2) you had consumed alcohol or controlled substances (3) your blood alcohol was over .08 or your normal faculties were impaired.  In your case since there is no field sobriety test and no breath test it will be case of the officers opinion.  There may be a video of you taken at the scene, or at the police station. Sometimes the video is helpful for your case, or harmful. Your lawyer will review all the evidence in the case, including the police report, officers notes, video tapes, etc and then advise you whether you should take a plea deal or go to trial.  Without reviewing all the evidence in your case, it would be impossible for me to tell you what you should do.

It sounds like you have been arrested for two misdemeanor offenses.  While I don't believe there is any mandatory jail sentence required for these offenses, you should really speak to an experienced criminal defense attorney as soon as possible.  Some counties may want jail time due to the hit and run.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota or Manatee counties, you can call my office and I will be happy to discuss it with you.

In California, if you are under 21 years old, the legal limit is .01 (extremely low). Anything over that and you can be charged under vc 23136 or 23140. Amongst other penalties can be looking at a 1 year driver license suspension even on a first. You can also still be charged for a dui under vc 23152(a) which does not require a .08 bac (unlike 23152b).