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Orlando DUI Lawyers

1. Katz & Hidock: 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.
2. 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.
3. Lapina & Dubois: When you are arrested, you need aggressive DUI defense to handle every stage of your case. We will employ our skill, strategy, and experience to effectively resolve your case so you can get on with your life.
4. 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.

5. 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.
6. 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.

    

7. 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.