BUI Attorney in Manatee County

Classifications and Penalties of the BUI Offense in Manatee County

In Florida, a BUI is a serious criminal offense. While a first, second, or even third offense is typically a misdemeanor, the charge can be elevated to a felony under specific circumstances. The penalties increase significantly based on the number of prior convictions and the presence of aggravating factors.

• First Offense (Misdemeanor): A first BUI conviction is a misdemeanor. The penalties can include a fine of $500 to $1,000, a jail term of up to six months, and a license suspension of 180 days to one year.
• Second Offense (Misdemeanor): A second BUI conviction is also a misdemeanor. If the second offense is within five years of the first, the penalties are significantly increased, including a mandatory jail term of at least 10 days and a fine of $1,000 to $2,000.
• Third Offense (Felony): A third BUI conviction within 10 years of a prior conviction is a third-degree felony, with a mandatory jail term of at least 30 days and a fine of $2,000 to $5,000.
• Fourth or Subsequent Offense (Felony): This is a third-degree felony regardless of when the prior convictions occurred. The penalties are severe, including a prison sentence of up to five years and a fine of at least $2,000.
• Aggravated BUI: If a BUI causes serious bodily injury or death to another person, the charge is automatically a felony, regardless of prior convictions.

Additional Penalties

• License Suspension: Your driver's license will be suspended for a period of time, ranging from 180 days to a permanent revocation, depending on the number of prior convictions and your BAC level.
• Ignition Interlock Device (IID): You may be required to install an IID on your vehicle for a period of time.
• BUI School: All BUI offenders are required to attend and complete a BUI school or a substance abuse education program.

Collateral Consequences

A criminal record for a BUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Florida Criminal Defense Process for BUI Charges

The legal process following a BUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive BUI attorney in Manatee County who understands the intricacies of the Florida legal system.

1. Investigation and Arrest: The process begins with a vessel stop. Unlike a car, a watercraft can be stopped for a safety check without suspicion. After an arrest, you have the right to remain silent and, in some cases, to refuse chemical tests.
2. First Appearance and Arraignment: Within 24 hours of arrest, you will have your first appearance and arraignment to be informed of the charges and set bond.
3. Discovery: We obtain and review all of the prosecution's evidence, such as police reports and dashcam footage, to find any weaknesses or inconsistencies.
4. Pre-Trial Motions and Plea Negotiations: We will file pre-trial motions to challenge illegally obtained evidence or procedural errors, and we will engage in negotiations with the prosecutor to reach a favorable plea agreement.
5. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Contact Us to Safeguard Your Future

Facing a BUI charge can be stressful, but with McIntosh Law, you don’t have to navigate it alone. Our collaborative approach means your case benefits from multiple legal perspectives, ensuring a comprehensive defense.

Contact us online or call (941) 299-0701 to schedule your consultation.