Brought to you by Colorado DUI Drunk Driving Defense

Orlando DUI Lawyers

1. Bender, Mark: Felonies Misdemeanors Thefts Drug offenses Driving Offenses Violations of probation Domestic Violence Bond Hearings Appeals Record Sealing/Expungement FAMILY LAW Divorce Child Custody Modification PERSONAL INJURY Accidents Wrongful Death SOCIAL SECURITY CASES
2. Arnold Law Group: DUI and Traffic Offenses Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings: Driving with a blood alcohol level over the stateÕs maximum permissible blood alcohol limit. The limit for adults is 0.08% in all 50 states as of May, 2007. This is due to the fact that in October, 2000, Congress passed a law requiring all states to adopt a limit of 0.08% by 2004 or lose some of their Federal highway funds. Apart from the 0.08% limit, some states have "zero tolerance" limits for young drivers. Most European countries have limits that are far below 0.08%. You may be considered "legally drunk" even though you do not "feel" or look as though you are Òunder the influence" from the alcohol. You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking, judging distances, or any other physical or mental ability used in driving, you may be found guilty of drunk driving. What to Expect If You Have Been Charged with DUI or DWI If you have been arrested like many other drivers arrested for it, youÕre likely experiencing a host of emotions. As the dust settles, you might be wondering if you were treated fairly, if the charges are accurate or how this experience will affect the rest of your life. The Arnold Law Group, P.A. knows all the techniques needed to defend a DUI case. As a former public defender, she is familiar with DUI and sobriety testing and the process of arrest and has seen, first hand, the life-changing benefits of having a knowledgeable attorney defend a DUI case. Having a top-notch attorney on your side can protect your reputation and your future. Call the Arnold Law Group, P.A., for a free consultation.
3. Castrofort, Joe: Criminal traffic violations involve a motorist actions which put others in harms way, violates other laws, or violates standing court orders. A criminal traffic violation conviction may result in various penalties which may affect your life in many ways, including: * Hefty fines; * Potential jail or prison time; * Suspension of your driving privileges; * Having your license revoked; * Potential vehicle forfeiture; * Community service; * Lengthy terms of probation. Depending on an individualÕs prior driving record, criminal traffic violations can be charged as either a misdemeanor or felony.
4. Cohen, Corey: DUI Defense If you've been arrested on a DUI or DWI charge, get a defense lawyer within ten days. If you wait longer than that to get legal advice, you will lose the chance to appeal the suspension of your driver's license. You can still fight the criminal DUI charge, but you will no longer be able to appeal your suspended driver's license. It is surprisingly common for a person facing a DUI charge to decide not to hire a DUI defense lawyer to fight the charge. Maybe the driver knows he or she was intoxicated and wants to pay a penalty and move on. Or, the driver may believe that it's too expensive to hire a DUI defense lawyer who can help get the drunk driving charges dropped or minimized. In almost every instance, it is a serious mistake to decide not to mount a defense against a DUI charge. With the help of an experienced DUI defense lawyer, the negative impact of a DUI charge can often be lessened - and in some cases, we may be able to negotiate dismissal of the charges. What If It's Just a First-Time DUI Offense? Even a first-time DUI offense can have serious negative consequences, and the likelihood of serious consequences is usually higher if the defendant chooses not to hire a DUI defense attorney to help fight the charge. Upon conviction for a first DUI offense, your driver's license can be suspended for as long as a year and you could face a jail sentence of up to six months. If you then continue driving with a suspended driver's license, you could face additional criminal charges. What's more, the stigma of a DUI conviction will stay with you forever. A DUI conviction will stay on your driver's record forever. It cannot be expunged or sealed. If a DUI defense lawyer helps you get the DUI charge dismissed, then the criminal charge can be expunged from your record - if it's your first offense. And if there is no conviction, then the DUI arrest will not appear on your driver's record.
5. Cryer, Gwen: DUI Driving While Under the Influence of Controlled Substance A potentially difficult case for the state to prove is that of Driving While Under the Influence of a Controlled Substance. Many of the officers conducting the arrests for such a crime are not qualified to testify as to the effects of controlled substances on oneÕs ability to drive. In short, a crucial link in the stateÕs case is missing, and the best the jury can do is speculate. Some officers are trained in such matters, and can testify as to the effects of drugs, and sometimes the element of impairment is obvious by other facts in the case. A criminal defense attorney who has tried cases involving Driving While Under the Influence of a Controlled Substance can advise you whether the state can prove its case. Driving While Under the Influence of Alcohol Driving While Under the Influence of Alcohol is a charge one should not plead no contest or guilty to without careful consideration. The consequences are greatÑalways including, at the very least, stiff fines, suspension of your driverÕs license, numerous classes, and more. Furthermore, the law regarding the admissibility of the stateÕs evidence in DUI cases is currently in a state of flux, and oftentimes the stateÕs critical piece of evidence (the breath test result) is being excluded.
6. Block Law Offices: Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol level (BAC) of .08 or higher, a chemical substance, or a controlled substance (316.193, F.S.). A DUI will remain on your driving record for 75 years. If Convicted: * You could have a permanent criminal record for the rest of your life * Your license could be suspended or revoked * You will be placed on probation * You will have to complete substance abuse classes * Face possible jail time * Pay higher insurance premiums The moment a law enforcement officer charged you and arrested you for D.U.I. your drivers license is immediately suspended, in most cases. You can reinstate your license- but it's up to you to act quickly. By filing for a hearing within 10 days of your arrest, you could get your license back
7. Jackson, Blair: Drunk driving, also referred to as DUI, DWI, or OUI, essentially refers to an individual's inability to adequately operate a vehicle as a result of substance abuse, whether the substance is alcohol, narcotics, prescription drugs, or over-the-counter medication. Drunk driving consequences typically depend on a number of factors surrounding the case, including prior convictions, parole status, and more. Punishments and penalties of drunk driving convictions include, but are not limited to: * Jail time * Loss of drivers license and insurance * Vehicle impounded * Parole/probation * Court ordered rehab or driving school * Hefty fines * Other
8. Bigney, Jeanette: A criminal conviction has serious potential consequences.
9. Bay Hill Area Law Group: Driving While Under the Influence of Alcohol is a charge one should not plead no contest or guilty to without careful consideration. The consequences are greatÑalways including, at the very least, stiff fines, suspension of your driverÕs license, numerous classes, and more.Ê Furthermore, the law regarding the admissibility of the stateÕs evidence in DUI cases is currently in a state of flux, and oftentimes the stateÕs critical piece of evidence (the breath test result) is being excluded.
10. Grady Ayers: The hiring of an attorney is an important decision and should not be based solely upon advertisements.
11. Frank Bankowitz: DO NOT talk with anyone (including the police) and call your lawyer immediately.
12. Elaine Barbour: If you or a loved one have been the subject of an arrest or criminal investigation, you should consult with an attorney immediately. Frequently asked questions. What are my rights if I have been accused of a crime? If you have been accused of a crime you have a number of rights as guaranteed by the US Constitution including the right to remain silent to prevent self-incrimination and the right to legal representation. There are also laws regarding search and seizure. Law enforcement must obtain a search warrant before they can search a specific place. There are circumstances however where police do not need a warrant to search and arrest you. How serious is a DUI arrest? In Florida Driving under the influence is a criminal offense that can be either a misdemeanor or a felony. If there are 3 or more convictions of DUI in the last 10 years, the charges can be more serious. How do I get out of jail after I have been arrested? Once bail has been set the only way to get out of jail is to pay the bail. Bail is like an insurance policy that guarantees the accused will not flee and will appear at all subsequent hearings on the matter. If you do not appear it may result in forfeiture of the bond. What is the difference between a misdemeanor and a felony? Most crimes are divided into two categories, misdemeanor or felony depending on the severity of the charge. A felony crime is more serious than a misdemeanor and can carry a sentence of prison time of more than one year. Other penalties may include fines, reimbursement to the victim, community service and probation. Why should I hire a criminal defense attorney? The constitution guarantees the right to obtain an attorney. A competent experienced defense lawyer who will fight for your rights is your best friend after being arrested and charged with a crime. Your legal interests must be maximized and the hardship to you and your loved ones minimized. Most judges will not even consider a plea bargain from a defendant without a criminal defense attorney.
13. Susan Barnes: You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense. Police officers, under Florida law, are obligated to identify themselves and to advise you that you are under arrest and why, unless circumstances make it impossible for them to do so at that time. You may, in fact, be under arrest even though no one has actually used the word "arrest" or any other comparable word. The fact that you have been deprived of your freedom of movement in some significant manner may amount legally to an arrest.
14. Mark Bender: If you are arrested for drunk driving in Florida, you will be held in jail for a minimum of eight hours and your license will be suspended on the spot. If you are convicted of a DUI, you face serious and potentially life-changing consequences, including DUI education classes, fines, the possibility of six months in jail for a first offense, extended loss of your license, vehicle impoundment, and other DUI penalties including high insurance costs which can affect your ability to earn a living and meet your family obligations.
15. David Bibb: Orlando Drunk Driving Attorney If you have been arrested for DUI in Florida, you face the prospect of a large fine, the loss of your driver's license, and even jail time. In addressing this charge, you need to understand what your options are, the legal risks and possible outcomes of those options, and the advice of an assertive DUI defense lawyer.
16. Robert Branson: There are certain general things you should always know when you are dealing with policing authorities. They are doing their job. While it may seem unfair to you and I, they are not your friends and anything you say can and will be used against you. Therefore, don’t talk to them other than to establish who you are. Do not consent to any search. This is not the time to explain why “this is all a misunderstanding”. Merely cooperate and as soon as possible, set and keep an appointment so you can hire an attorney. There are approximately 2 MILLION people in America kept in jails, prisons and other confinements. This is the highest incarceration rate in the world and you do not want to be a part of that statistic. If you think waiting at a doctor or a lawyer’s office is irritating, imagine waiting in a cell. I can guarantee few things in life, but this will have an adverse impact on one’s social calendar.
17. Patrick Cairns: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
18. Calero, Wilfred: There are bad stops! There are many things that you need to do before appearing in front of a judge.
19. Andrew Cameron: Challenges to the State's evidence of your impairment may take the form of pretrial motions. Before deciding whether to enter a plea or proceed to trial, your attorney can review the State's case, including witness statements, charging affidavits, audio and video tapes, and physical evidence, in an effort to determine whether any of your constitutional rights have been violated in collecting evidence against you. Your lawyer may then ask the Court to consider whether evidence collected against you in violation of your rights should be suppressed or kept from the jury hearing your case. The offense of Driving Under the Influence (DUI), like any other criminal charge, requires the State to prove your guilt beyond all reasonable doubt. Ultimately, you are entitled to have the issue of whether you operated a motor vehicle while impaired by drugs or alcohol submitted to a jury for their consideration. It is not necessary that you prove anything. Rather, the burden rests with the State to prove that you were: Driving or in actual physical control of a motor vehicle on the roadways of the state of Florida; and that you were under the influence of alcohol or drugs; and your normal faculties (defined as the ability to walk, talk, judge distances, act in emergencies, or carry out the normal activities of every day life) were impaired. The State can meet its burden of proving the offense of DUI in one of two ways. First, you may have submitted to an approved test of your blood alcohol level either through having blood drawn or submitting to an intoxilyzer (breath) test. If the State can be establish that your blood alcohol level was above the legal limit (.08 percent) at the time that your were operating or in actual physical control of a vehicle, the State will have met its burden that you were operating a vehicle with an unlawful blood alcohol level (UBAL). Although your blood alcohol level as measured by blood or breath may be above the legal limit (.08 percent), the admissibility of this test result or its significance may be challenged in court. In some circumstances, the reliability of the State's evidence of blood alcohol may be suppressed. In such cases, at the trial of your DUI, the jury would not be made aware of any test results showing your blood alcohol level. Other evidence collected from you at the scene may include observations made by the officer of your demeanor, physical condition, condition of your eyes, the odor of alcohol about you, your ability to walk or stand, your reliance upon other objects for support, and/or your performance on standardized field sobriety tests. In most jurisdictions, your submission to or refusal to submit to a breath test may be video taped at the breath testing facility or county jail. A copy of the video tape of your performance must be produced by the State. Second, should the State be unable to, or elect not to, proceed under the theory of unlawful blood alcohol level (UBAL) discussed above, the State may also prove the case of DUI against you by proving that, notwithstanding the absence of evidence of blood alcohol level, that you operated a motor vehicle while under the influence of alcohol to the extent that your normal faculties were impaired. At trial, under this impairment theory, the State may elect to produce evidence as to your physical condition, your demeanor at the roadside, performance on standardized field sobriety tests, and/or statements which you made at the time of your stop and arrest. Challenges to the State's evidence of your impairment may take the form of pretrial motions. Before deciding whether to enter a plea or proceed to trial, your attorney can review the State's case, including witness statements, charging affidavits, audio and video tapes, and physical evidence, in an effort to determine whether any of your constitutional rights have been violated in collecting evidence against you. Your attorney may then ask the Court to consider whether evidence collected against you in violation of your rights should be suppressed or kept from the jury hearing your case. In some instances, should evidence crucial to the State's case against you be suppressed, your case may be dismissed by the Court or dropped by the prosecutor. Short of that, pretrial motions may decrease the strength of the State's case and improve your likelihood of winning at trial or reaching a favorable negotiated plea. Florida Statute requires that, upon conviction for a first DUI, the Court shall impose the following minimum sentence: Adjudication of guilt (conviction); One year supervised probation; $250.00 fine plus court costs; 50 hours of community service; Attendance and completion of the DUI Counter-Attack School; Attendance and completion of the Victim Awareness Program; Six (6) months to one (1) year driver's license revocation; and Impoundment of your vehicle. DUI is one of several enhancable offenses under the laws of the state of Florida. This means that a second or subsequent conviction of DUI, the Court must impose other mandatory minimum sentences including jail sentences, multiple year driver's license revocations, increased fines, and attendance and completion of advanced DUI schools and alcohol counseling. Despite the minimum mandatory sentencing requirements, the judge in your particular case is free to impose greater punishments based upon aggravating circumstances including, but not limited to, presence of a child in the vehicle, commission of any additional traffic violations at the time of the charge of DUI, damage to property, injury to persons, lack of cooperation with law enforcement, and/or elevated blood alcohol levels. In place of proceeding to trial, many DUI charges are resolved through plea negotiations. In cases where the State may have difficulty obtaining a conviction of the offense of DUI, the State may agree to amend your charge of DUI to that of Willful and Wanton Reckless Driving. Under the charge of Reckless Driving, there are no minimum mandatory sentencing requirements. Prior to going to court on your DUI, it is of the utmost importance that you discuss the resolution of your DUI charge with a qualified attorney with experience in the handling of alcohol related driving cases.
20. James Campbell: The hiring of a lawyer is an important decision that should not be based solely upon advertisement.
21. Central Florida Law Group: When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial.
22. Paul Courtright: Being arrested or charged with a crime is a serious matter. Depending on the charges, your livelihood and liberty may be at issue. You may have certain defenses available to you. If your blood alcohol concentration (BAC) is above .08 you are presumed to be driving under the influence. This is an objective standard. It does not matter if you feel or believe that you are "not drunk or impaired." With a BAC of .08 and above, Florida law presumes that you are impaired. However, this presumption can be rebutted. It is important that you have an experienced criminal lawyer who can fight this presumption, and who will honestly explain the law, your rights, and your options in the criminal case. DonÕt wait, contact a Florida DUI lawyer If you have been arrested for DUI or drunk driving, it is important that you hire an attorney immediately. An experienced lawyer can advise you regarding your rights and aggressively respond to any charges filed against you.