DUI Accident Lawyer in Polk County

Dedicated Legal Advocates, Turning the Tide in Your Favor

Facing a DUI arrest in Florida is already a serious situation. Even a first-time conviction can lead to several months of jail time, expensive fines, driver’s license suspension, and other disruptive penalties. However, DUI charges become much more serious when they’re related to an auto collision. Even for individuals with no previous DUI convictions, prosecutors are likely to file felony charges. A conviction will lead to lasting consequences under Florida law, so having a Polk County DUI accident lawyer on your side is imperative.

At The Law Firm of Gil Colón, Jr., our dedicated team of DUI defense attorneys handles DUI cases of varying severities. Whether you’re facing misdemeanor charges or a first-degree felony — all potential outcomes in accidents linked to driving under the influence — we’ll fight to secure the best possible outcome in your case. Not only can this help you avoid the most serious penalties under the law, but a favorable result at trial could minimize your risk of liability in a personal injury lawsuit. Put simply, seeking legal counsel is critical.
Contact our DUI accident lawyers in Polk County, Florida, for your free consultation today.

What Happens if You’re Involved in a Drunk Driving Accident?

Usually, after a car accident, personal injury law is the only legal area people need to worry about. However, this changes if a police officer suspects you of operating a motor vehicle while under the influence. They’ll take many of the same steps as they would after any other auto accident. This includes checking for injuries or fatalities, determining who was at fault, and reviewing available evidence (e.g., dashcams, witness statements, etc.). If they have suspicions of DUI, though, they’ll also likely conduct field sobriety tests along with blood alcohol content (BAC) measurements.

If police believe you’re driving under the influence, they will place you under arrest. Even if the accident is minor, the potential penalties you’ll face will far exceed those of standard DUI charges. The charges brought against suspected impaired and drunk drivers will vary depending on the circumstances of their case. For instance, a DUI with property damage is a first-degree misdemeanor. This is also true if only minor injuries result from the collision. However, a serious bodily injury can lead to a third-degree felony charge under Florida law.

If someone dies in the collision, the accused may face second-degree felony charges of DUI manslaughter. This increases to a first-degree felony if the driver flees the accident scene. Even if no one dies in a hit-and-run collision, the accused driver can face prosecution for a second-degree felony offense. All these criminal charges come with severe penalties, so it’s critical that you have a Polk County DUI lawyer advocating on your behalf. Contact us today for a free consultation.

Can Charges Be Downgraded to a Regular DUI Offense?

When a prosecutor charges an alleged intoxicated driver, they’ll likely opt for the most serious charge available. This is true even if they don’t necessarily have the evidence to secure a conviction. They do this to use reduced charges as a bargaining chip during plea negotiations, so yes, the government can reduce enhanced DUI charges. In fact, they’ll often do so and frame their decision as leniency — but working with any DUI defense legal team will show you that this is a trick. In reality, they want the most severe penalties possible.

By threatening you with much more severe penalties, prosecutors hope to elicit a guilty plea from you. A DUI accident lawyer in Polk County can review the charges against you and help you understand the best path forward. In some instances, a plea deal is the right decision. For instance, maybe the evidence of DUI manslaughter is overwhelming — but your attorney may be able to have charges reduced to vehicular homicide. This could carry fewer penalties. Of course, your legal representative could also have charges dropped altogether or secure a favorable verdict at trial.

All DUI accident cases are different. It may very well be possible to have charges reduced, potentially even to a standard DUI offense. However, you should consult your attorney about whether this is the right decision. At The Law Firm of Gil Colón, Jr., our law firm will guide you through the legal process and fight to protect your freedom and future. DUI cases in Polk County can be uphill battles — particularly after an accident — but we’ll be by your side the whole way through.

What Are the Penalties for a Felony DUI Conviction?

The penalties for a felony DUI accident charge will vary depending on the circumstances of your case. Something as simple as whether a charge is a person’s first or second DUI offense could greatly impact potential sentencing. However, it’s best to focus on standard penalties while keeping in mind that enhancement is possible if aggravating circumstances (e.g., prior offenses) exist. The following penalties are possible for those facing felony DUI charges:

• DUI with property damage: Up to one year in county jail, driver’s license suspension for up to one year, possible restitution, and hefty fines
• DUI with non-serious injuries: Penalties similar to those given in DUI with property damage cases
• DUI with serious bodily injury: Up to five years in prison, $5,000 in fines, license revocation for three years, restitution, mandatory DUI school and treatment
• DUI manslaughter: Up to 15 years in prison with a mandatory four-year sentence, fines up to $10,000, lifetime license revocation, restitution, permanent felony record
• Hit and run: Punishable by up to 15 years in prison. If someone dies, potential sentencing increases to 30 years

Clearly, all these potential outcomes are terrifying. While most people only fear a driver’s license suspension after a DUI conviction, those involved in accidents have a lot more to lose. However, keep in mind that a criminal charge does not necessarily mean a conviction will occur. It may even be possible to call into question whether a person was actually impaired, and this could turn a DUI charge into reckless driving or dismissed charges. Without the impaired driving kicker, prosecutors have a much weaker case.

As it turns out, many other potential legal defenses may prove effective in your case.

What Legal Defenses Are Best for DUI Accidents?

If you talk to 100 people who practice law, they’ll all tell you that an “open and shut” case is incredibly rare in the criminal justice system. Even if the evidence against a person is overwhelming, simple issues can result in reduced or dismissed charges. For instance, illegal searches can render any evidence collected inadmissible. Without their evidence, how could a prosecutor possibly convict? While these legal defenses will not apply in every case, your Polk County DUI accident lawyer can help you understand if any might work:

• Lack of probable cause
• Faulty DUI testing
• Improper field sobriety testing
• The accused was not driving
• No serious injuries occurred
• No evidence of intoxication
• Constitutional violations
• Procedural and evidentiary errors

It’s important to remember that avoiding a criminal conviction does not necessarily mean a person won’t face consequences. Allegedly innocent victims can file personal injury claims even if the accused receives a not guilty verdict. Proving gross negligence in a civil trial is much simpler than proving criminal guilt beyond a reasonable doubt, so it’s possible that your insurance company may be on the hook for hospital bills and other losses. However, avoiding a conviction can give you a boost in these cases by showing that you were never found guilty.

Still, your insurer paying out damages is far preferable to a DUI accident conviction. Therefore, your focus should remain on your criminal defense — and that’s what our Polk County DUI accident attorneys will focus on. Contact us today to learn more.

Contact Our Polk County DUI Accident Lawyer Today

DUI law in Florida is already among the most strict in the nation. Repeated offenses could result in third-degree felony charges even when no accident occurs. If you’re accused of causing an accident while above the legal limit or under the influence of substances, the road ahead will be incredibly difficult. The loss of your license, installation of an Ignition Interlock Device, and community service might be the least of your concerns. Whether this is your first arrest or you’re facing increased penalties for a previous conviction, you need experienced legal representation on your side.

At The Law Firm of Gil Colón, Jr., we don’t care about your prior criminal record or how strong the prosecution claims their case to be. Our goal is to ensure our clients have knowledgeable and committed legal representation when charged with a criminal offense. Failed field sobriety tests, breathalyzer results, and other evidence does not guarantee that you’ll face conviction. Let our Polk County DUI accident lawyers review your case and help you understand all your options. Contact us at (863) 622-9602 to schedule your free consultation today.