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Orlando DUI Lawyers

1. Brown, Westmoreland & Rice: DUI Outcomes: There are many possible outcomes in DUI cases. If convicted, the sentence is strongly guided by your prior history. In Florida, there are minimum sanctions applicable to most DUI convictions. It is possible, however, to avoid conviction. As experienced DUI attorneys we will strive to avoid conviction. If you are convicted, we will strive for the lowest possible sentence in every case. Below are the minimum sanctions for a first-time DUI in Florida. $500 Fine ($1000 if you blow over .15) Ignition Interlock Device for 6 Months (only if you blow over .15) 10 day vehicle immobilization Monthly reporting probation for up to 1 year Mandatory DUI school and completion of any recommended counseling 50 hours of community service 6 month driver's license suspension DUI Pretrial Diversion: There many ways that we can seek to avoid conviction. The first is Pretrial Diversion. Pretrial Diversion may be available if you have never been arrested for DUI before and you have little or no criminal history. If you are accepted into pretrial diversion, you will not be convicted of DUI upon successful completion of the diversion program. Basically you will be under probation-like supervision and you will be required to complete many of the requirements that a first time conviction requires (see above). Upon completion, your case will be dropped and you will avoid the negative effects of being convicted of DUI. Suppression of DUI Evidence: Just as you are expected to follow the law, so are the police and prosecutors. An experienced DUI lawyer can identify times when the police havenŐt properly stopped you for DUI, improperly searched you or your belongings, or havenŐt properly collected evidence such as breath, blood, or urine samples. If the police havenŐt followed the rules, we can file a motion to suppress evidence on your behalf. If the prosecutor canŐt prove that the police acted correctly, the court can throw out the evidence against you and your case may be dismissed. DUI Plea Bargaining: As former prosecutors and experienced DUI lawyers, we will be able to competently discuss the facts of your particular case with the prosecutor. The prosecutor may be willing to allow you to plea to a lesser crime so that you can avoid the stigma of a DUI conviction. DUI Trial: If none of the above outcomes are possible or acceptable to you, it is your absolute right to go to trial and force the government to prove your guilt beyond a reasonable doubt. As experienced DUI trial attorneys we will competently represent you at trial to make sure the government is held to its burden to prove the case. Each case is unique so specific trial strategy will be developed with you to ensure your best defense.
2. Buonauro, Robert: criminal charges
3. Jaeger & Blankner: A conviction for driving under the influence, drunk driving or driving while intoxicated (known as DUI) in Florida can result in jail time, probation with random urine checks for consumption of alcohol, DUI class with a treatment program ranging from 12-22 weeks, victim awareness class, loss driving privileges, impoundment of your motor vehicle, placement of an ignition interlock device on your motor vehicle, community service hours, heavy fines including court costs, costs of investigation and prosecution and a permanent criminal record. If you have been arrested for DUI, you probably have the following questions: Will I lose my driver's license and if so how do I get it back? Am I eligible for the StateŐs Pretrial Diversion Program? What sanctions am I facing if I am convicted for DUI? What strategies do you have for a successful outcome? What about the intoxilyzer/breathalyzer results?
4. Z Law Firm: What is DUI? The criminal offense of DUI is governed by Florida Statute ¤316.193. Pursuant to Florida law, the offense of DUI can be proven in one of two alternative ways: The State can prove that you operated a motor vehicle while your normal faculties were impaired, or The State can prove that you operated a motor vehicle with an unlawful blood alcohol or breath alcohol level of .08 or above. Florida's Ten Day Rule WARNING! If you refused to take a breath, blood or urine test after being arrested for DUI in Florida, or if you tried to take the test but officers said you refused, or if the results of your breath test were .08% blood-alcohol or above, you only have ten days to request an administrative review hearing to challenge the suspension of your driver's license. Did You Know, If You are Convicted of DUI: You will have a criminal conviction permanently on your record. Your driving privileges will be suspended. You will be placed on probation. You will be required to attend and complete substance abuse classes. You could face jail time even on a first time offense. You will be ordered to complete community service hours. Your vehicle may be subject to impoundment. You may be required to place an ignition interlock device on your vehicle even on a first time offense. If you are not a U.S. Citizen, a DUI conviction could subject you to deportation. If you are faced with a second DUI offense, you could face mandatory jail time. If you are faced with a third offense, you could face a felony conviction which could subject you to up to five years in prison. Therefore, it is extremely important that if you are faced with a DUI charge, whether it is your first or a subsequent charge, that you consult with an experienced DUI Attorney who will fight for you using every legal defense available. THE STANDARDIZED FIELD SOBRIETY TEST (SFST) Standardized Field Sobriety Tests are a battery of three tests administered and evaluated by law enforcement to obtain indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to assist police officers in becoming more skillful in detecting DUI suspects, describing the behavior of these suspects, and presenting effective testimony in court. The three Standardized Field Sobriety Tests are: Horizontal Gaze Nystagmus: The officer will position a stimulus 12-15 inches away from the driver's face, and move the object from side to side while watching the subject's eyes. The officer watches the eyes for the ability to track and/or the involuntary jerking of the eyeball Walk-and-Turn: The officer will ask you to take nine heel-to-toe steps along a line, turn, and take nine heel-to-toe steps back. The officer is looking to see if you can follow instructions, balance, stop during the test, do not touch heel and toe, step off the line, or lose balance while turning. One-Leg Stand: The officer will instruct you to stand with your heels together, arms at your side, and then raise one leg (your choice) six inches off the ground while counting out loud until the officer tells you to stop. Here, the officer is looking to see if you raise your arms for balance, sway, hop, or put your foot down. Law Enforcement will often utilize addtional tests such as the Rhomberg Alphabet Test and the Finger to Nose Test. However, these tests are not deemed reliable and are not recognized by the National Highway Traffic Safety Administration (NHTSA).
5. Wheelock Law Firm: Bond hearings Arraignments First appearances Theft Burglary Drug possession Firearm charges Felonies Misdemeanors DUI Traffic offenses Driver License Suspension Domestic Violence
6. Leventhal & Slaughter: * Bank, Mortgage, Real Estate Fraud and Money Laundering * Mail Fraud, Wire Fraud * Medicare Fraud * Tax Evasion and Tax Fraud * Public Corruption * Grand Jury Investigations * Theft of Trade Secrets * Organized Fraud/Racketeering * Securities Fraud * Computer/Internet Fraud * International Crime * Government Contract Fraud * Drug Trafficking * DUI/Vehicular Homicide Defense * Sexual Battery and Murder Defense * Elections Fraud * Embezzlement * Perjury * Obstruction of Justice * Pell Grant Fraud * Larceny * Bankruptcy Fraud * Forgery * Credit Card Fraud * Extortion * Pension Fraud * Insurance Fraud
7. Katz & Phillps: The first method of challenging the results of your breath test centers around the Florida Department of Law Enforcement. Florida's breath testing program is overseen by the Florida Department of Law Enforcement (F.D.L.E.). As part of this oversight, F.D.L.E. is responsible for promulgating rules which must be followed for a breath test to be valid and have evidentiary value in Florida. We have extensive knowledge of, and experience with, these rules. We will review all aspects of your breath test including: 1) The procedures followed by the law enforcement agency who administered the breath test. 2) F.D.L.E.'s oversight of the law enforcement agency who administered the breath test. 3) The qualifications of the Department Inspector, Agency Inspector and Breath Test Operator. 4) The proper maintenance and testing of the Intoxilyzer 8000 used in your case. 5) The proper registration of the Intoxilyzer 8000 used in your case. 6) The procedures used in collecting your breath sample. 7) The procedures used by F.D.L.E. to evaluate the Intoxilyzer 8000. 8) The procedures used (if any) to ensure that your breath test was performed on an Intoxilyzer 8000 that had not been altered and was the same as the one alleged to have been approved by F.D.L.E. 9) The software version used in the Intoxilyzer 8000, upon which your breath test was given. Another method of challenging the results involves the Intoxilyzer 8000 itself. Some of the issues involved in fighting the results of the Intoxilyzer 8000 which relate to the performance of the machine are listed below. As appropriate, we will use all of the arguments available to us including those listed above and below as well as any other appropriate strategies in your defense. The following are just a few example of anomalous results produced by Florida's breath test: BREATH VOLUME 0.00 - Many breath test affidavits throughout the state have shown results greater than .08 (Florida's legal limit) even though the machine says it has no breath sample in the analysis chamber. VOLUME NOT MET INCORRECTLY FLAGGED - 1) Florida Breath Test Result Affidavits have been found where the instrument prints volume not met and yet the database shows sufficient breath volume for the sample to be legally sufficient. 2) Alternatively, several hundred evidentiary breath tests were reported by the instrument as sufficient samples even though the database records proved the sample did not have sufficient volume. FOUR MINUTE TIME ELAPSED - Although the state insists that a person providing a sample during a breath test has up to 3 minutes to provide a sample, there exists breath test results showing an elapsed time of greater than 4 minutes.
8. Jackson, KM: Felonies, Misdemeanors, DUI-Driving Under Influence Traffic Violations Being arrested and charged with a crime is one of the most stressful events that can happen in a personŐs life. Even a minor criminal case will trigger worrisome questions like: Will I go to jail? Will I lose my job? Will I lose my driverŐs license? Will this arrest stay on my record? How will this affect my immigration status? Will I have to report this to my boss, or disclose it on my college application? Innocent people are convicted of crimes every day. Even people who have committed some crime may be convicted of much worse crimes only to spend the rest of their lives in prison. If you have been accused of a crime, you are facing a legal battle that will forever change the course of your life. You are up against a prosecution team backed by the resources of the government with a single purpose -- to get a conviction. Without an experienced criminal defense attorney fighting for you, you are in an unfair fight. Do not take criminal matters lightly. You should act fast and decisively and hire a criminal defense attorney. A criminal conviction could be detrimental to your future, making it difficult to gain employment and create a blemish on your permanent record or it may even save your life! Even though you are supposed to be "presumed innocent until proven guilty," the reality is that our criminal justice system puts the accused at a serious disadvantage. Judges and juries are often inclined to presume guilt, and prosecutors have the benefit of your tax dollars to build and present a strong case against you. In fact, the prosecution's case has started before you even have an opportunity to start your defense. A criminal defense attorney gives you the ability to build a defense that can challenge the prosecutor.
9. Jaeger & Blankner: Having been arrested for DUI, you will now be making some of the most important decisions of your life.
   1. What will happen to me in court?
   2. Is there any way to save my driver's license?
   3. Will an attorney be able to help me?
   4. Can I afford an attorney?
   5. I failed the breath and field tests. How can I plead not guilty?

   Breath tests are suppressed for a variety of reasons:

   1. The machines have been modified or improperly certified.
   2. Maintenance was improper, incomplete or did not follow FDLE rules.
   3. Use of non-approved software, pressure switches, sample chambers or e-proms.
   4. Solvent exposure: varnishes, paints, mouthwash, breath freshener.
   5. Did you burp or hiccup during the 20-minute observation period?

   Field tests may not be admissible in court as scientific tests. These tests may be invalid for a variety of reasons unique to you:

   1. You were tired, nervous and/or upset.
   2. You have physical limitations: bad back, flat feet, arthritis, weak knees, etc.
   3. Studies have shown that non-drinking subjects fail these tests over half the time.

    

   Warning: Effective July 1, 1995 The DUI Law Has Changed
   If eligible, your DUI ticket serves as your temporary work permit for 30 days. Unless you file for a Formal Review with DHSMV within ten (10) days of your assessment you will not be allowed to drive
   for any reason whatsoever for 30 or 90 days following the expiration of that temporary permit.

10. Longwell and Gentle: There are some important things you should know if you have been charged with a DUI / DWI. First, a DUI / DWI is a criminal charge that carries mandatory penalties if convicted, including fines, probation, alcohol counseling, community service, the loss of your driver license, the impoundment of your motor vehicle, and even jail (in some cases). By acting quickly to obtain proper representation, you may be able to avoid or minimize the impact of a conviction and the resulting penalties. Additionally, the Florida Department of Highway Safety and Motor Vehicles may automatically administratively suspend your license, if you had a breath test result above .08 or refused to take the breath test. If so, it is important that we act within (ten) 10 days of the DUI / DWI incident, in order to challenge the suspension of your license.
11. Marc Lubet:

    DUI - DWI Defense—A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be a scary proposition. A DUI - DWI conviction in Florida carries with it heavy penalties, including:

    1. A permanent criminal record
    2. Suspension or loss of license
    3. Increased insurance rates
    4. Community service
    5. Possible jail or prison time
    6. Alcohol assessment and treatment
    7. Probation
    8. Vehicle immobilization or forfeiture
    9. Serious fines
    10. Possible job loss

    If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal traffic offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.

     

12. Donald Lykkebak: Time is critical when consulting a criminal lawyer to help you. Anyone who believes that he or she may be the object of a criminal investigation or those who have just been arrested will dramatically improve their defense by discussing the alleged criminal charges with a lawyer as soon as possible. This means before discussing anything with the police.