If you or a loved one has been charged with Driving Under the Influence (DUI) in Gainesville, Florida, Musca Law can help. Our expert team of Gainesville DUI Lawyers know the laws, regulations, prosecution strategies, and testing pitfalls that will all directly impact your defense.

We aggressively defend your case to achieve the best possible outcome for you. Every case is unique, so we offer a free, confidential consultation to discuss your case, your concerns, and the defense strategies available for your Gainesville DUI case.

DUI Refusal

It’s normal to be asked to take a breath, urine, and/or blood test after you’ve been stopped for suspicion of DUI. You may refuse, but you’ll face administrative sanctions and a possible suspension of your driving privileges. The Gainesville DUI attorneys at Musca Law can turn this to your advantage. Contact them today and learn how.

DUI Breath Test

People think a breath test result over the legal limit of .08 will result in a conviction in your criminal case. But an experienced Gainesville DUI attorney knows about the problems with the breath test based on certain physical and medical conditions at the time the test was administered. There are a number of defenses in this case, and your Gainesville DUI attorney will explain them to you.

DUI Urine Test

If your breath test result was less than .08 blood alcohol, the attending officer may request a urine test. The reason is they are looking for other substances in your system such as marijuana, cocaine, or other prescription or non-prescription drugs.  These tests can also be inaccurate and unreliable. Your Gainesville DUI attorney will determine if this evidence is a weak link in the prosecution’s case, and whether it should be inadmissible in court.

DUI Blood Test

Blood tests results for blood alcohol levels are also fraught with problems. The State law has strict guidelines regarding how a blood test is taken, the circumstances under which these tests are taken, and who may take the blood sample. If any of these factors can be challenged, they will strengthen the case for your defense.

Property Damage

DUI charges may be further compounded by a charge of property damage or personal injury, as typically happens in auto accidents involving a DUI charge. Penalties will be more severe. But an aggressive Gainesville DUI attorney may be able to challenge the evidence taken in the case with the goal of reducing the penalties and possible getting the charge dismissed.

DUI Penalties

DUI penalties depend on the number of convictions you’ve had, if any, and the circumstances of the current incident. Penalties can include:

• Jail time
• Driver’s license suspension
• Community service
• Vehicle impounded
• DUI school
• Substance abuse evaluation and possible treatment
• Random testing
• Victim impact panel
• Court/prosecution costs.

DUI Manslaughter

DUI manslaughter means you’ve caused a fatality while driving under the influence of alcohol. Harsh penalties are associated with DUI manslaughter, so the sooner you get your Gainesville DUI attorney onto your case, the better. They will insure that everything possible is being done to achieve the best outcome for your case.

Defense for Women

DUI charges against women are skewed for a number of reasons, resulting in more women being unfairly charged with drunk driving. Breath test results for women will be very different than for men. Hormonal and temperature shifts which are more dramatic in women, alter the breath test results. Sobriety tests performed when nerves are frayed and one is wearing high heels is another recipe for disaster. Your Gainesville DUI attorney knows how to address all these pitfalls and how use them to your advantage.

Formal Review Hearing

Your privilege to drive is suspended once you’ve been arrested for a Gainesville DUI. How long it’s suspended is determined at the formal review hearing, a part of the DUI charge administrative process. You have 10 days from your date of arrest to request a formal review hearing, and it’s essential that you have your Gainesville DUI attorney with you to start the process of your defense.

Controlled Substance DUI

Driving under the influence of a controlled substance is illegal, but also difficult to prove. The prosecution will struggle to prove that the substance or drug in question actually caused the impairment. Usually, the substance in question isn’t even in the vehicle. Contact a Gainesville DUI attorney to discuss your case and plan your defense. The sooner they are involved, the better.

Boating Under the Influence

The charges for boating under the influence of alcohol are serious. If your blood alcohol level is above .08 (for adults; above .02 for minors), you will be arrested. Penalties include fines, community service, jail time and/or supervised rehabilitation. The sooner you get your Gainesville DUI attorney involved in your case, the better. They can help you make the best decisions under these serious circumstances.

Commercial Vehicle DUI

Because commercial vehicles are driven by professionals, they are held to an even stricter acceptable level of blood alcohol — .04 or lower. Some legal requirements have a zero tolerance level for commercial drivers. Even more is at stake for a commercial driver with a DUI charge, so it’s critical that they get their Gainesville DUI attorney involved on the case immediately after being arrested.

Juvenile DUI

The State of Florida has a zero tolerance policy for blood alcohol levels in minors who are driving. So anyone under age 21 with a .02 or greater blood alcohol level can be charged with Juvenile DUI. Driving privileges will be suspended for up to six months and this blight on their record will follow them into adulthood. Getting a Gainesville DUI attorney on the case immediately after the arrest is critical for getting the best possible defense.

DUI Roadblock/Checkpoint

Setting up a roadblock or checkpoint in Gainesville is still controversial because it comes very close to violating drivers’ 4^th Amendment rights. A skilled Gainesville DUI attorney knows how to approach these cases and vigorously defend them.

Musca Law – Your Comprehensive DUI Law Firm. Musca Law handles more than routine DUI defenses! We can help you with property damage, manslaughter, defenses for women, formal hearing reviews, controlled substance arrests, boating under the influence, commercial vehicle DUI, juvenile DUI, and DUI roadblock issues.

Contact us today!”

Alysha L. King, 24, was charged with DUI manslaughter, two counts of DUI injury to another person and DUI property damage, all related to a crash that occurred on June 21, 2010.

Florida Highway Patrol Cpl. Wallace Dill noted in his report that at about 4:05 a.m. on June 21, 2010, King was driving a 2001 Toyota Echo north on U.S. 441 when she failed to negotiate a left curve. The vehicle traveled onto the shoulder and struck a steel guard rail, then rolled over a number of times down a bridge embankment and crashed through a fence.

Jermaine Crosby Goggins, 19, of Citra, was thrown from the vehicle and died on the scene.

Heather Kristina Gersten and William Xavier Edwards, both of Gainesville, were taken to Shands at the University of Florida in Gainesville for treatment of their injuries.

The crash occurred just south of the Northwest Gainesville Road intersection. Officials calculated King’s speed at 77 mph. The posted speed limit there is 60 mph.

King had to be extricated from the vehicle. Although she allowed a blood sample to be taken, which is standard protocol for drivers in crashes involving a fatality, King declined to give a statement to a trooper at the time.

King’s blood sample was analyzed by the Florida Department of Law Enforcement and a doctor, and it was determined that her blood alcohol level was .011. The state’s legal limit is .08. The drugs Alprazolam and oxycodone also were detected, the first in normal range and the second in the above-normal range, authorities said.

Officials were told that both drugs “had been shown to impair cognitive and motor performance and their use can be correlated to signs and symptoms of impairment observed post-accident,” according to the report.

Gersten and Edwards told troopers they had seen King drinking alcohol earlier that evening, and Edwards alleged that King routinely took prescription medication.

At the jail, King’s bail was set at $53,000.

During an interview there late Thursday, she told a Star-Banner reporter, “I was not drinking” and “I don’t even drink.” She said she has “a prescription for the pills for back problems.”

She said she was driving home at the time of the crash and that the deceased man was “a good friend of mine.” She said she doesn’t remember much about the accident.

King said she turned herself in as soon as she learned about the warrants and that she is being represented by Lloyd Vipperman, an Alachua County attorney.