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Orlando DUI Lawyers

1. Davies Law Firm: If you've been charged with DUI or another crime in the Orlando, Kissimmee or Cocoa metro area, it's very likely that prosecutors and police have already put pressure on you to accept a deal, a deal they insist is in your best interest. But is it the best deal you can get? Is there a better deal to be found in negotiations or in court? Is there a way to get charges reduced or dismissed? Those are questions an experienced DUI and criminal defense attorney can help answer.
2. Greene, Charles: MICHAEL D. MAURER: Drunk Driving Defense, DUI, DWLS
3. Draper Law Office: Driving Under the Influence (DUI) This is a very common offense in the State of Florida. This is a charge given to individuals who are under the influence of alcohol or another substance (not necessarily limited to illegal substances) that impair their ability to operate a motor vehicle and are in actual physical control of a motor vehicle. This last part is important, as it is possible to be in physical control of a vehicle and not necessarily by ÒdrivingÓ said vehicle.
4. Fowinkle, Jay: D riving while under the influence of alcoholic beverages or a controlled substance can be deadly. If you are found guilty of driving while under the influence, you will be facing some sizeable penalties. On a first offense, these penalties can include imprisonment of up to six months, losing your driver license for up to a year, a fine of $500.00, court costs, completion of substance abuse courses, and at least 50 hours of community service. Second and subsequent offenses are dealt with more severely. You will definitely want to contact an attorney or lawyer immediately about these matters due to the strict deadlines involved. The State of Florida has an "implied consent" law. This means if you are operating a motor vehicle in Florida and are arrested for driving under the influence of alcoholic beverages, it is implied that you will consent to take a test of your breath. This consent can be seen on your Florida driver's license, directly above your signature. These tests, conducted by the Intoxilyzer 8000, determine your blood alcohol level. You have the right to pay for a second test; however, it must be administered by a third-party physician or a laboratory technician. If you refuse to take the test, or if you take the test and the test reveals a blood alcohol level of .08 or higher, your license will be seized by the law enforcement officer and suspended in approximately 30 days. You may have your driverÕs license suspended for a period of one year for a first refusal and a period of 18 months if your driving privilege has been previously suspended for refusing to submit to a breath test. Moreover, a second or subsequent refusal can be charged as an additional criminal offense. If your license has been seized for a DUI, you may have a right to review the action of the officer at a DMV Hearing.
5. Dicembre, Michael: If you or a member of your family has been arrested, you need the assistance of a qualified defense attorney.
6. Dione Fletcher: Being accused of a crime can be a frightening ordeal. DUI & DUI Manslaughter DUI lawyers handle drunk driving related cases. DUI is when someone drives or is in actual physical control of a motor vehicle and is under the influence of alcohol, controlled substance to the extent that his/her mental faculties are impaired. A DUI conviction may affix criminal penalties such as fines, jail, probation, and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Drivers with prior DUI convictions should be aware that minimums are just that. Conservative Judges and zealous Prosecutors will seek lengthy jail sentences for multiple offenders especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced Lead Counsel DUI Attorney who is familiar with the Court you are assigned and how to avoid harsh jail sentences. The look-back period for multiple offenses has been increased from 7 years to 10 years. Drivers with prior convictions for offenses, which were more than 7 years from the date of their prior offense, may have a constitutional challenge to the retroactive increase and should contact a DUI Attorney who specializes in Drunk Driving Defense.
7. Arthur Higgins: When you have been charged with a crime, you need legal advice every step of the criminal case. The lawyer you hire can impact the outcome of your case. If you or a member of your family has been charged with a violation of a criminal law, you need an experienced and trusted criminal attorney to protect your rights. Ways to Challenge and Beat A Florida DUI ILLEGAL STOP OF PERSON OR VEHICLE IN FLORIDA A driver cannot be stopped unless the officer has a reasonable basis to believe that a traffic law or other law has been violated. A person cannot be seized unless a violation has occurred. WEAVING INSIDE THE LANES IS NOT ILLEGAL IN FLORIDA Weaving without crossing any lines is not a violation of the law. A vehicle cannot be stopped for that reason. BREATH TESTING IS INACCURATE IN FLORIDA Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc. ANONYMOUS REPORT OF DRUNK DRIVING IN FLORIDA A car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. STANDARD FIELD SOBRIETY TESTING IS INACCURATE IN FLORIDA In healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. NON-STANDARDIZED FIELD TESTS ARE INVALID IN FLORIDA Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. BOOKING ROOM VIDEOS IN FLORIDA Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. IN-SQUAD VIDEOS IN FLORIDA More and more often, the suspectÕs driving and performance on field tests is being recorded; often contradicting police testimony. FAILURE TO PROVIDE SPEEDY TRIAL IN FLORIDA If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed. POLICE BLOOD TEST INACCURATE IN FLORIDA Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. HOSPITAL BLOOD TEST INACCURATE IN FLORIDA Hospital blood tests overestimate a personÕs true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. BREATH TEST OPERATOR UNLICENSED IN FLORIDA Most states require a Breath Test Operator to possess a valid, unexpired operatorÕs license, or the breath test result is inadmissible. BREATHALYZER MACHINE MALFUNCTIONS IN FLORIDA Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspectÕs breath test, the results of the suspectÕs test are presumed invalid. BREATH TEST OPERATOR LICENSE EXPIRED IN FLORIDA Most states require that a Breath Test Operator must possess an unexpired operatorÕs license, or the breath test result is inadmissible. BREATH TEST DEVICE NOT APPROVED IN FLORIDA A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE IN FLORIDA A defendantÕs admission to driving, without more, does not prove a charge of driving under the influence. INDEPENDENT WITNESSES IN FLORIDA Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendantÕs sobriety. FAILURE TO MIRANDIZE IN FLORIDA Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED IN FLORIDA According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. OFFICERÕS PRIOR DISCIPLINARY RECORD IN FLORIDA A police officerÕs previous disciplinary record can be used to attack the officerÕs credibility. PORTABLE BREATH TEST INADMISSIBLE IN FLORIDA Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED IN FLORIDA The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. FAILURE TO CONDUCT OBSERVATION PERIOD IN FLORIDA Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid. EXPERT WITNESSES Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. MEDICAL AND HEALTH PROBLEMS IN FLORIDA Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. BAD WEATHER IN FLORIDA Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. LACK OF PROBABLE CAUSE TO ARREST IN FLORIDA A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial. ILLEGAL SEARCH The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driverÕs consent or probable cause. Any evidence illegally obtained is not admissible in court. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officerÕs credibility. POST-DRIVING ABSORPTION OF ALCOHOL IN FLORIDA The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. INTERFERING SUBSTANCES IN FLORIDA Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid. BREATH MACHINE NOT PROPERLY OPERATED IN FLORIDA The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. FAILURES TO PRODUCE DISPATCH TAPES IN FLORIDA Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed. MISLEADING STATEMENTS BY POLICE OFFICERS IN FLORIDA Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driverÕs record. STATUTES OF LIMITATIONS IN FLORIDA A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright. PRIVATE PROPERTY IN FLORIDA A person who has not driven the car on a public highway cannot be suspended for drunk driving. FAILURE TO DISCLOSE EXPERTS IN FLORIDA The failure of the prosecutor to disclose the stateÕs expert(s) will cause those witnesses to be barred from testifying against the defendant. LACTATE RINGERS IN FLORIDA When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings. FAILURE TO RECORD CERTIFICATION TESTS IN FLORIDA The failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver. FORCED BLOOD DRAWS IN FLORIDA In some states, the police may not take a blood test against the driverÕs consent where there has not been an injury involved, or the result is inadmissible.
8. Eric Dirga: Many times clients ask why we charge legal fees the way we do. I always tell them that they have to understand the implications of what the most minor conviction on their record has on their life. Loss of a job or job opportunity - loss of the ability to receive certain student loans - loss of civil rights in some cases. Many times a conviction requires the Department of Highway Safety and Motor Vehicles to suspend your license! Think about how much money you can lose by not defending yourself with an Attorney?
9. Shon Doutre: Florida uses old, antiquated, unreliable, Intoxilyzer Breath testing devices. Many are ten or more years old. The technology is from the 50s and 60s! In fact, the factory warranty on them is only 90 DAYS! The manufacturer states in its warranty that the machines are NOT warranted to be for “any particular fitness or purpose” for which they are designed. Hence, they are saying that these machines are not warranted to be used for the particular purpose they were designed for. The public would be appalled and sickened if they knew just how breathalyzers operate and how they consistently are used place people in jail. At best, they are merely screening devices and should not be relied upon in a court of law, especially a criminal court were people go to jail based on this type of evidence. They are crude and highly inaccurate pieces of equipment that should be replaced by new technology that can detect with precision a person’s alcohol level.
10. Faulkner & Pollock: You may need the protection.  Do not hesitate to contact an attorney so that you may be advised of your rights and options.
11. Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap: Have you been arrested for drunk driving in Florida? Are you looking for an effective defense against a marijuana possession charge? Do you need an experienced criminal defense lawyer to represent you?
12. Florida Trial Group: Under Florida law, a DUI charge can be proven in one of two alternative ways: 1. The State can prove that your normal faculties were impaired, or 2. The State can prove that you drove with an unlawful blood alcohol or breath alcohol level of .08 or above. Regardless of the manner in which the offense is proven, the penalties upon conviction are the same. Additionally, DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. Therefore, it is extremely important that if faced with a DUI charge, whether your first or a subsequent charge, that you fight it using every legal defense available.
13. Michael Gibson: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
14. David Glicken: Whether you were arrested for Driving Under the Influence (DUI), a felony, misdemeanor, or another criminal incident, we stress the importance of contacting an experienced criminal defense lawyer as soon as you are arrested and charged.
15. John Guidry: A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
16. James Hart: Q:  What constitutional rights do I preserve by pleading not guilty and maintaining my innocence?

    If you plead not guilty, you preserve your right to:

    1. Be informed of the nature and cause of the charges against you
    2. Remain silent
    3. Be represented by counsel
    4. Subpoena witnesses to appear on your behalf at a trial by jury
    5. Cross examine witnesses presented by the State Attorney at a trial by jury
    6. A speedy trial by jury in which the State must prove you guilty beyond a reasonable doubt

17. David Hill: ou may request a review of the driver`s license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing. D.U.I. Frequently Asked Questions For a Free Consultation, click here. What is DUI? DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. Is there anyway to avoid a DUI? It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. Can I still be in trouble for driving, even if my BAC is below the legal limit? Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. Does the car have to be moving for me to be guilty of DUI? No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car. Do I have to submit to a breath, blood, or urine test? No. However, refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive. In Florida, your privilege to drive can be suspended for one year for a first refusal, and for eighteen months for a second refusal. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt. By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test. Can I fight my DUI arrest? Yes. You may request a review of the driver`s license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing. If I am arrested for a DUI, will I lose my license? Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver`s license and as your notice of suspension. How long will I lose my license? This will vary from state to state. However, if you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for six months for a first offense, and one year for a second offense.
18. Richard Hornsby: DUI is one of the most burdensome offenses an otherwise law abiding person can face. If you have been arrested for DUI, you likely have many pressing questions; Will you lose your drivers license? Will you be sent to jail? Can I beat the charge?
19. Mark Horwitz:

    A drunk driving conviction in Florida, which is sometimes referred to as driving under the influence (DUI) or driving while intoxicated (DWI), affects a person and his or her family in a number of different ways including:

    1. Ability to obtain financial aid if you are a student
    2. Alcohol assessment and treatment
    3. Community service and probation
    4. Criminal record
    5. Fines and increased insurance rates
    6. Job loss
    7. Mandatory jail or prison sentence
    8. Suspension or revocation of driver license
    9. Vehicle immobilization or forfeiture

    DMV License Suspensions

    In Florida, if you have been arrested for DUI and your breath test result was .08 or higher, or if you refused to take the breath test, the arresting officer probably took your driver's license from you. You have only 10 days from the date of arrest to request a formal review hearing with the Department of Motor Vehicles to contest your immediate license suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for a period of 6 months, 1 year, or 18 months, depending on your specific circumstances.

    It is important to contact an Orlando DUI lawyer within that 10-day period to discuss what applies to your case. We can apply for the formal review hearing on your behalf and obtain a hearing date and a temporary permit to drive. You have only 10 days to drive after you are arrested (using your citation as a driving permit) unless you request this hearing.

20. Horwitz & Fussell: The breath test, in theory, works by measuring the amount of alcohol in your breath and then converting that figure to the amount of alcohol in your blood. In doing so the state utilizes a the scientific principle that there is a mathematical relationship between the concentration of alcohol in a person's blood and the concentration of alcohol in that same person's breath.