What types of cases does the Sarasota law firm Musca Law handle?

At Musca Law, we help all types of drivers in a variety of DUI cases, including underage drinking, multiple DUI offenses, commercial DUI, DUI with injury, felony DUI, DUI appeals and more. Our defense lawyers take on cases throughout the entire State of Florida.

If you have been accused of driving under the influence or a related criminal offense in Sarasota or elsewhere in Florida we can help you. Call the number below to schedule your free consultation with a Sarasota DUI lawyer at Musca Law now.

Sarasota County Office
1990 Main Street, Suite 750
Sarasota, FL 34326
Phone: 941-916-3627 – Phones Answered 24/7/365
Free Consultation either in person or by phone.

If you have been accused of DUI or a related criminal offense in Sarasota or elsewhere in Florida we welcome you to contact a Sarasota DUI lawyer at our firm, free of charge. At the time of your free consultation, which can be conducted at one of our 9 offices or over the phone, we can go over all the aspects of your charge including license suspension, the details of your arrest, tests administered by police and, of course, come to the conclusion whether fighting your charge or pleading guilty is the best option for you. We do, however, ask that you contact us within a timely manor of your arrest to allow us the necessary time to conduct of an investigation of your charge to build your case. You may be surprsed at the results we can achieve for you.

Free Consultation: 941-916-3627

If you are serious about fighting your Florida drunk driving charge call us anytime (phones answered 24/7) at 941-916-3627 to get the process started. If anyone can succeed with your case, we can.

Whether you failed a chemical test, failed field sobriety tests, admitted to being drunk to police, had an open alcohol container in your vehicle at the time of your arrest there is still likely a defense that can be applied to your case in pursuit of avoiding a DUI conviction.

First time Florida DUI?

Many people may not know this, but a first and second DUI conviction (assuming there was not serious bodily injury or death involved) are misdemeanors. However, there are circumstances when a DUI becomes a felony such as:

* A third conviction within 10 years of each other is a third degree felony punishable by up to 5 years in prison and $5,000 fine:

Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938  upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

* A 4th DUI conviction regardless of when any of them occurred is a felony. For example, a 4th DUI conviction within 18 years is a felony of the third degree punishable by up to 5 years in prison and a $5,000 fine:

Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.

* A DUI involving serious bodily injury is a felony of the third degree punishable by up to 5 years in prison and a $5,000 fine:

Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

* And finally a DUI becomes a felony when death is involved as well. A second degree felony for vehicular homicide or DUI manslaughter punishable by up to 15 years in prison and a $10,000 fine and if the scene was fled either charge becomes a first degree felony punishable by up to 30 years in prison and $10,000:

The death of any human being or unborn quick child commits DUI manslaughter, and commits:

a.  A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b.  A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(I)  At the time of the crash, the person knew, or should have known, that the crash occurred; and

(II)  The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

Whether or not you have been charged with a 1st or a 5th DUI in Florida you would be well advised to contact an attorney for a free consultation ASAP.

If you are facing DUI or other criminal charges in Sarasota, we can help you. Our Sarasota Criminal Defense Attorneys have over 100 years combined experience dealing with criminal case and we offer a free initial consultation to go over the specifics of your arrest. Even if you feel you can’t beat the charge we encourage you to give us a call, you may be surprised.

Probably not.

It may seem as if the evidence against you warrants a guilty plea to lessen the potential penalties, but you shouldn’t assume you are guilty. Whether you failed a chemical test, failed sobriety tests, admitted your guilt or did something else that seems to prove your guilt, it does nothing of the kind. There are many defenses that can be applied to your case which may lead to either the prosecution dropping the charge before you go to trial or a not guilty verdict via a 12 person jury. It’s not that beating a charge is easy or that every conviction is avoidable, but the odds are fighting your charge is the right decision.

If you have been charged with a DUI in Sarasota we can evaluate your case free of charge either in person or by phone. However, we recommend you contact us is a timely manor after being charged as our early involvement in your case can go a long way. Contact a Sarasota DUI lawyer at our firm today to schedule your free consultation:

Sarasota County Office
1990 Main Street, Suite 750
Sarasota, FL 34326
Phone: 941-916-3627

If you are torn between which firm to hire we hope you view our past case results and factor them into your decision.

If you are convicted of driving a commercial vehicle while intoxicated you will find there are 2 unique penalties for these matters. For one, a first time offense does not allow you to get a hardship license. Secondly, you can lose your right to drive commercial vehicles if you test to having a .04 BAC (the legal limit for regular drivers is .08.) In either case you will lose your right to drive a commercial vehicle or one year*. Once the 1 year suspension is completed you must pay a $75 reinstatement fee.

*If you were transporting hazardous materials your license will be suspended for 3 years.

If you have recently been charged with a DUI related crime in Sarasota, you can probably avoid being convicted. Contact our Sarasota criminal defense lawyers for a free consultation:

Sarasota County Office
1990 Main Street, Suite 750
Sarasota, FL 34326
Phone: 941-916-3627

What is mouth alcohol?

The term mouth alcohol refers to the storage of alcohol in the mouth or throat. For example, mouth alcohol could be present because or an injury tat caused bleeding or simply by using a breath freshener that contains alcohol such as Binaca or Listerine. Mouth alcohol can also be caused by vomiting or hiccuping if an alcohol beverage has been consumed.

OK. So how does this relate to my DUI case?

If you took a breathalyzer test mouth alcohol may have caused an inaccurately high reading. You see, when you blow into a breathalzyer it multiplies the amount of alcohol by 2100 because it assumes it is coming from the lungs and not stored in the mouth as it frequently is. The slightest bit of alcohol stored in the mouth can drastically effect the result of a breath test!

If you have recently failed a breathalyzer in Sarasota, North Port, Longboat Key or Venice it may have been a false reading. To find out you need a lawyer to thoroughly investigate everything about the time of your arrest, the machine itself, how long it took police to administer the test and more.

If you are serious about beating your DUI charge contact our Sarasota DUI attorneys for a free consultation now. Phones always answered.

Do I have to schedule a hearing with the DHSMV?

Yes. Following a Florida DUI arrest, you have only 10 days to contact the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and schedule your DMV hearing. This is an administrative hearing which is held in regards to the suspension/revocation of your driver’s license.  A defense lawyer can schedule this hearing for you and can represent you in order to help you reach the best outcome possible.

If you have recently been charged with drunk driving in Sarasota, feel free to contact our Sarasota DUI attorneys for a free consultation. We can answer any question you may have, either in person or by phone.