arrested for dui

How Breath and Blood Alcohol Content Play a Role in DUI Arrest

Brian Mallonee shared a story:

arrested for duiIf you’ve been arrested for DUI, you’ve probably heard the term “BAC”, or Blood Alcohol Concentration at the time of your arrest. This is a measurement of the amount of alcohol you have in your blood, and as you continue to consume alcohol, your BAC will continue to rise. Because of this fact, Florida State law mandates that once you reach the legal BAC limit, you cannot drive (or have an immediate intention to drive) a motor vehicle. What some people do not realize is that if you fall asleep intoxicated in your car and an officer sees you in the front seat with the keys in your hand, then that officer may charge you with a DUI. This is regardless if the engine was running or not and regardless if you were sleeping or not. The officer may deem this as your intention to operate the vehicle while intoxicated. Another interesting fact is, when a police officer pulls a person over and measures their BAC, they do not measure blood alcohol concentration, but, in fact, are measuring breath alcohol concentration. There is a difference in the tests. When someone is arrested for DUI, an experienced Port St. Lucie DUI lawyer can explain all of this, and more, to a potential DUI client.

 

Understanding the Breathalyzer Test

When an officer pulls someone over and measures their BAC, he uses a machine called a breathalyzer. The machine reading is converted to BAC by using a partition ratio. However, the problem with this is that partition ratios are different from person-to-person. This is one defense that a Port St. Lucie DUI attorney may raise when defending a client on a charge of driving under the influence. Some of the reasons why partition ratios are different from person-to-person include the gender of the suspect, their weight, body temperature and individual breathing patterns.

If a person’s breath alcohol content is above the legal limit on a breathalyzer test, they can be arrested for driving while intoxicated. No subsequent test is necessary for a lawful arrest; however, the officers can request a secondary blood test at the station. If you have been arrested for DUI, there are some different components that come into play when it comes to defending your case. Retaining an experienced Port St. Lucie DUI attorney can help ensure you get the proper defense. Without an experienced attorney on your side, it’s highly possible you could be prosecuted for a crime you may not have committed.

When you find yourself in need of a DUI attorney in Port St. Lucie, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


teenage drinking and driving

Teenagers and DUI Consequences: Advice from a Stuart DUI Lawyer

Brian Mallonee shared a story:

teenage drinking and drivingYou’ve probably known of, or at least heard of a teenager, who was killed as a result of drinking and driving. And as you read the newspaper, or listen to the story, you discover that the teenager responsible for the accident was driving under the influence of alcohol with a high BAC – or blood alcohol content. The sad reality, you find out, is that there were other intoxicated teens in the car at the time of the accident.

Teenagers become victims of DUI accidents every day, whether you hear it on the news or not. So, it’s important that if you have a teenager, that you sit down with them and discuss the extreme dangers of driving while intoxicated. The law is strict when it comes to charging teenagers with driving under the influence, because let’s face it, no one wants to see your teenager become a statistic, including your Stuart DUI lawyer.

 

Zero Tolerance Laws for Teens and DUI

In an effort to deter underage drinking, the State of Florida has zero tolerance for those under the legal age to purchase or consume alcohol. If you’re under the age of 21, there is no legal limit for alcohol BAC. If an officer administers a breathalyzer test and your BAC registers .02% or higher, the underage driver may be arrested for driving under the influence of alcohol. The very small percentage BAC is not a limit. It is simply a measurement for law enforcement to establish culpability in DUI. For a teenager of average height and weight, regardless of gender and depending on what is consumed, a single drink may result in a BAC of approximately double the .02% measurement. Refusal to submit to a BAC test means that you automatically forfeit your license. If you refused to submit to a BAC test, then a Stuart DUI lawyer may not be able to help you get your license back. Because Florida has an implied consent law, it is literally illegal to refuse to submit to a BAC test when asked. The consequence of refusing to submit to a breathalyzer request by law enforcement is immediate forfeiture of your license for one year.

DUI offenses come with high fines, this is especially true with an underage DUI driver involved. In fact, if the underage driver’s BAC is over the adult legal limit of .08%, then the underage driver may face jail time as determined by a judge. Fines range from $1000 to $2000 in the underage driver’s license may be suspended for six months. A second DUI as an underage driver can result in a 10 day to 12-month jail sentence and $1000 to $4000 depending on the BAC of the underage driver at the time of the arrest. A second DUI also has the consequence of a one-year loss of driver’s license.

When you find yourself in need of a DUI attorney in Stuart, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


port saint lucie dui attorney

Charged with DUI Near Fort Pierce or Port St Lucie?

Brian Mallonee shared a story:

You, or a loved one, has been charged with a DUI near Florida’s Fort Pierce or Port St Lucie and you don’t know what to do next. You’ve taken the first step by researching it. This is a serious allegation and you do not need to fight your way through the justice system without a respected and aggressive Port Saint Lucie DUI attorney.

port saint lucie dui attorneyWhat Can A DUI Result In?

Depending on your specific case, you could be faced with losing your license for up to three years. You may face fines. Your insurance company may raise your rates or cancel your insurance altogether. You may lose your job or you may be restricted in what jobs you can apply for. If anyone was hurt or killed, you may face even stricter punishments.

Going alone into the court system when these possible outcomes hang over your head is daunting. A good Fort Pierce DUI attorney or Port St Lucie DUI attorney can help you work your way through the court system and will work to achieve the best possible outcome for your individual case.

Why Should I Contact a Port Saint Lucie DUI Attorney?

I am pleased to say that many people consider my law offices as the best when it comes to defending drivers accused of DUI or DWI. There is nothing I like better than a good fight and I look at every case as a war that must be won. Regardless of what legal services you need as you work your way through the court system, I will be there for you from the early days of pre-arrest intervention, through the investigations and the trial or plea bargaining. Should you need a Port Saint Lucie DUI attorney, my representation will continue after the trial with sentencing mitigation and appeals.

But I Don’t Think I was Guilty

Recently, our local police have been overzealous in their arrests, notably at the Okeechobee Music Festival, and this may continue as summer celebrations occur. No matter the circumstances surrounding your arrest, don’t take chances and go it alone. You need a good attorney by your side.

When you find yourself in need of a Port Saint Lucie DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


fort pierce dui attorney

Choosing a DUI Attorney

Brian Mallonee shared a story:

Getting a DUI or DWI is a serious charge and you need the best representation as you move through the court system. Attorney Brian Mallonee has a proven track record of defending clients who need an aggressive attorney on their side.

Finding the Right DUI Attorney

One way to find the right attorney is to contact the Florida State Bar to make sure your lawyer is in good standing and has relevant experience. You can also ask other attorneys for recommendations. Ask friends and family. Check out online reviews and websites.
Before settling on one attorney, ask
• How much of their practice is devoted to DUI?
• How much of my case will you personally handle?
• How many DUI cases have you defended?
• How well do you know Florida law and DUI law?

Cost

The initial consultation is generally free. During this meeting, you should ask about
• Retainers – a down payment toward your final fees
• How your case will be billed – a flat fee or by the hour
• Payment options
• Other expenses such as court fees
• What is included in the fees

What to Expect from Brian Mallonee

• A free initial consultation with Brian Mallonee
• Personalized attention including returning phone calls, answering all your questions and letting you know what the next steps are
• Reasonable Fees and I will tell you in advance how you will be charged
• Experience as a DUI attorney for years in Florida and the Treasure Coast
• Aggressive representation as your case moves through court

Questions Brian Mallonee can Answer

• Should I plead guilty?
• What is the difference between plea bargaining and sentence bargaining?
• How can either help my case?
• What if an injury or death occurred?
• What are possible penalties?

What to Bring to the First Meeting

• All court paperwork that includes the charges against you
• Your next court date
• Bail papers
• Police report
• All other paperwork you have received
• Names of all people involved in your case including witnesses

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for just any attorney. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, you can rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


dui attorney fort pierce

Fort Pierce DUI?

Brian Mallonee shared a story:

Charged with a DUI in Fort Pierce? You can go it alone through the legal procedures, but why? As an alternative, you can hire an aggressive, dedicated attorney who specializes in Florida DUI law. Brian Mallonee is just that sort of Fort Pierce DUI attorney.

Why Brian Mallonee?

Brian Mallonee will actively and passionately represent you with law enforcement, insurance companies, and the court system. He has had years of training and experience helping people just like you get the best possible outcome for your unique situation. Don’t put your future at risk when help is just a phone call away.dui attorney fort pierce

What Can Happen with a DUI Conviction?

Depending on your individual circumstances, a DUI can be serious or very serious. Conviction may carry fines, jail time, and restitution. You can lose your driver’s license and insurance or see your insurance rates skyrocket. A DUI on your record can lead to your dismissal from a job or limit you on what jobs you can obtain. You may lose or be unable to qualify for a professional license. With this in your future, you don’t need to risk not having an attorney.

It’s My First DUI…

As a Fort Pierce DUI lawyer, I will represent your best interests. If this is your second (or more) DUI or if someone was injured or killed, you are facing serious consequences.

A DUI lawyer can make a huge difference in how your case ends. We will gather evidence in your favor, intervene before formal charges are filed, negotiate with prosecuting attorneys, and represent you at trial. If needed, on post-conviction appeals. We don’t guarantee a win, but we will certainly work towards the best possible outcome for you and your family.

About Brian Mallonee

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Port St Lucie DUI lawyer

Hiring a Port St Lucie DUI lawyer

Brian Mallonee shared a story:

Port St Lucie DUI lawyer If you have been arrested for driving while under the influence of alcohol in Port Saint Lucie, then you will probably need a DUI lawyer. A DUI arrest can be a very worrying occasion for anyone involved. However, you can handle the situation without any stress by hiring a DUI lawyer or attorney. If you live in Port St Lucie, then you may need to find a lawyer to handle your case.
Here is what a DUI attorney can do:

Determine whether to plead guilty or not
If you happen to be arrested for DUI, then you are likely to face jail time. Hiring a DUI attorney can help a lot. An experienced and skilled attorney can determine whether your case will require you to plead guilty or not

Offer advice
Sometimes the case might be more complicated than expected. So, this is where a DUI lawyer comes in. He will advise on what sentence you might get by pleading guilty. If your sentence leads to a long period of imprisonment, then your Port St Lucie DUI lawyer can assist you to bargain a lesser sentence for you.

Before hiring a DUI attorney Port St Lucie attorney, ask yourself the following questions:

  • Is the Port St Lucie DUI attorney reachable?
  • Is he experienced to handle your DUI?

When you find yourself in need of a DUI attorney in Port Saint Lucie, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Need A DUI Attorney

How to Know You Need A DUI Attorney

Brian Mallonee shared a story:

Need A DUI Attorney  Florida considers drunk driving a serious offense. The law does not require being in a drunken stupor to arrest you. However, having a blood alcohol limit that exceeds 0.8 is enough to get arrested or convicted. The law has different punishment for offenders depending on the circumstances. However, jail time, probation, and community service are some of the common punishments.  A Fort Pierce DUI attorney can handle such cases. The DUI attorney looks into the case, determines the possible consequences, and comes up with a plan to minimize the damages and possible court decisions. However, every DUI case is unique. It is the duty of the Fort Pierce DUI attorney to offer the best guidance based on individual clients’ cases.

When to hire a Fort Pierce DUI attorney

The decision to enlist the help of DUI lawyer depends on the personal and financial circumstances surrounding the case. Sometimes, the offender may handle the case and represent themselves in courts. This is normally not a wise decision. An experienced attorney can help to get your charges reduced or possibly dropped.

Guidelines for hiring an attorney

Hire an attorney in the following situations:

• If you have multiple DUI cases
• If your DUI case resulted in an injury or death
• If your blood alcohol limit was double the state limit or more
• If this is your second or consequent DUI arrest in the same or different state
• If the DUI charge will affect your employment
• If the DUI charge will prevent you from getting a professional license
• You are a first time offender who does not know or understand the DUI rules

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Roles of DUI Attorneys

The Roles of DUI Attorneys

Brian Mallonee shared a story:

Roles of DUI AttorneysYou might be convicted of drunk driving or driving while intoxicated. For first time offenders, it is a frightening experience. For repeat offenders, they have an idea of what to expect. Most of the people will hire a Fort Pierce DUI lawyer. The Fort Pierce DUI lawyer understands the court system and legal process to follow. The lawyer can help you bargain for a plea.

What is the role of the DUI lawyer?

The criminal defense lawyer defends DUI offenders with the most aggressive and ethical tactics to get the best case outcome. The DUI lawyer’s primary duty is to ensure the accused client has a fair trial. The Fort Pierce DUI lawyer may look for weaknesses in the case, such as insufficient evidence, violation of their client’s rights, unreliable chemical tests, or inconsistent testimonies among other issues.

Investigation
A DUI lawyer in Fort Pierce gathers evidence from various sources including the verbal statement of the accused. Other information sources include police reports, video and audio clips, and depositions. The information gathered will be assessed to determine the most appropriate criminal defense.

Intervention
Once arrested or accused, the law enforcement officers write a detailed summary of the matter to the State Attorney office. Some cases may be resolved before filing a formal charge. The attorney can persuade the State to dismiss or reduce charges at this point.

Negotiation
A DUI lawyer Fort Pierce has experience dealing with criminal law trials. Therefore, he is better placed to negotiate the best possible settlement of the case.

Case management and assessment
The DUI lawyer gives options and feedback based on the charges and evidence presented. Get suggestions by asking questions such as what factors will work for or against you in the trial.
Case management entails how the attorney will handle your case. Will they represent you in court? Can you call them with questions? How often will you receive status updates regarding the case?

Final outcome
An honest lawyer will not promise a particular result. It is impossible to determine the trial’s outcome. Every case is different, and client’s situations are diverse.

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Fort Pierce Dui Lawyer

Why You Should Hire a Fort Pierce Dui Lawyer

Brian Mallonee shared a story:

Fort Pierce Dui Lawyer Hundreds of drivers are arrested for driving under the influence of narcotics or alcohol. Statistics show that one out 165 drivers is detained in the US for driving under the influence or while intoxicated.

Being arrested under such circumstances is stressful. It is important that one understands what to expect. Good news, though; hiring a reliable and competent Fort Pierce DUI attorney helps ease the stress. An attorney is best apt to get you lesser charges or the charges ultimately dropped.

What is the importance of seeking the services of a DUI lawyer?

Even though people feel they may defend themselves, it is advisable to involve a DUI lawyer.

Here are a few reasons:

Driving under the influence or driving while intoxicated has serious consequences and penalties
Anyone convicted of a DUI or DWI may face a jail term, even first-time offenders. Another consequence is losing your driving license or paying a fine. The consequences have far-reaching implications in your life. Your insurance company may drop you. To minimize such risks or avoid them it is best to seek the help of a Fort Pierce DUI attorney.

Administrative and criminal consequences
A DUI convict deals with the courts and administrative offices such as the Motor Vehicle Department. A Fort Pierce DUI attorney has the knowledge on how to handle such cases. Additionally, the attorney may help the arrested person retain their driving licenses for limited purposes.

Science behind DUI
The attorney can peg your defense on issues such as faulty Breathalyzer tests. For the lawyer that understands the DUI science, they can advise the client to use this or another defense to their advantage.

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Penalties for a DUI

What are the Penalties for a DUI?

Brian Mallonee shared a story:

Penalties for a DUIDriving under the influence of alcohol, commonly referred to as DUI’s, are very serious charges to face. You may face hefty fines, loss of driving privileges, and even jail time. If you were issued a DUI citation because your blood alcohol concentration (BAC) is at or above .15% at the time of an accident, and the accident injured another person, then not only could you be facing administrative penalties, but criminal charges as well.

What are the Penalties for a DUI?

Administrative Penalties
The Department of Highway and Safety Motor Vehicles in Florida will suspend the license of any person whose BAC is above .08% at the time of an arrest, regardless of a Stuart DUI attorney petitioning against it. Depending on other factors, a hardship license may be available to a person with a suspended license in this case as soon as 30 days after the suspension, but in some cases, the waiting term can be as long as 90 days.

Criminal Penalties
Fortunately, first-time offenders of DUI charges do not face a mandatory minimum jail sentence. The terms of the case determine the maximum potential sentence. Standard DUIs that are not associated with any other violations carry a maximum of six months of jail time, and a DUI attorney can advocate to lower it during the actual sentencing. People with an excessive BAC of .15% or more face as much as nine months, while having a minor in the car at the time of the offense carries nine months of jail time.

Fines associated with DUI can be as little as $500 but can exceed $1000 depending on the circumstances. The fine for having a minor in the vehicle ranges from an additional $1000 to $2000, and as much as $5000 can be fined against you if a person suffered “serious bodily injury” as a result of the incident.

Even more, on top of jail time and fines, it is mandatory that a judge orders the individual convicted of a DUI offense to be on probation for a period up to a year after they are released from jail. Also, they must perform community service, have an ignition interlock device installed in their car for a mandatory six-month period and have their vehicle immobilized or impounded for ten days, which cannot overlap the days that are served as jail time.

When you find yourself in need of a DUI attorney in Fort Pierce, Port Saint Lucie, or Saint Lucie County don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.