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Orlando DUI Lawyers

1. Hall, Natalie: DUI/Driving Under the Influence Driving Under the Influence (DUI) is a common crime. Many individuals charged with DUI have no previous convictions. A DUI is not a simple traffic charge. Florida treats a DUI as a criminal charge and it can be one of the most expensive and confusing legal experiences. You may be found guilty of DUI if you are driving or in actual physical control of a vehicle and: You are under the influence of alcohol, controlled substances or any regulated chemical substances to the extent that your normal faculties are impaired; You are found to have a blood alcohol level of .08 or more grams of alcohol per 100 milliliters of blood; or You are found to have a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath. There are certain mandatory sanctions for a DUI conviction, including: Payment of a fine; Completion of a substance abuse program; Completion of a minimum of 50 hours of community service; A period of vehicle impoundment or immobilization; In some cases, the mandatory placement of an ignition interlock device upon all vehicles (whether individually or jointly owned or leased) that you routinely operate; Minimum driverŐs license suspension -6 months for the first conviction and the potential of a permanent revocation for a fourth DUI or a DUI causing death. Minimum jail sentences for repeat offenders Đ 10 days in jail for a second DUI conviction within 5 years of the date of the prior conviction and 30 days for a third DUI conviction within 10 years. Can be charged as a felony - A DUI may be charged as misdemeanor or a felony. A third DUI within 10 years of a prior DUI conviction will be a Third Degree Felony. This is also true for a fourth DUI conviction regardless of when it occurs. A DUI causing certain serious injuries or death will also be charged as a felony. Concurrent Administrative Proceeding - In addition to the criminal case, a DUI charge carries the possibility of a concurrent administrative case with the DHSMV. If you were driving or in actual physical control of a motor vehicle and your blood or breath alcohol level was .08 or higher, your driverŐs license will be administratively suspended for a period of 6 months for a first offense. This period of suspension increases to 1 year if you refused the request for a lawful breath, urine or blood test. The suspension is effective immediately and the law enforcment officer will take your driverŐs license and issue you a 10-day temporary driving permit if you are otherwise eligible to drive. You will then receive a notice of suspension. To challenge the suspension, you must request a formal hearing within 10 days of the notice of suspension. Successful DUI defense can result in the exclusion of certain evidence from your case, the reduction of your DUI charge to a lesser charge, or even the dismissal of your case. These defenses may include: - Challenges to the lawfulness of the traffic stop, - Challenges to any tests that were administered, - Challenges to any statements that you made, and/or - Challenges to any observations regarding your impairment. It is important to act quickly to challenge a DUI charge. You must ask for an administrative hearing within 10 days of your notice of suspension.
2. Kagan, Tracy: In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if: The driverŐs ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC). Field Sobriety and Chemical Tests When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a Ňfield sobrietyÓ test on the driver, and may ask for his or her consent to some form of chemical test for intoxication. Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the personŐs physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officerŐs use of the Ňhorizontal gaze nystagmusÓ (eye and penlight) test. Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driverŐs blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered. Refusing a Chemical Test: ŇImplied ConsentÓ Laws All states have Ňimplied consentÓ laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driverŐs license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driverŐs refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI. ŇPer SeÓ and ŇZero ToleranceÓ DUI Laws All states have DUI laws that deem Ňper se intoxicatedÓ any driver with a blood-alcohol concentration (BAC) above a set limit (now .08 in all states). This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. All states also carry Ňzero toleranceÓ laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02. Keep in mind that a driver may still be arrested and convicted for DUI without proof of Ňper seÓ intoxication, when other evidence of impaired driving is shown. For example, a driver with a .06 BAC level can be found guilty of DUI if an arresting law enforcement officer testifies that he observed the driverŐs vehicle swerving badly, and that the driver exhibited both slurred speech and severe inattention during questioning after a vehicle stop. DUI Convictions: Criminal Penalties A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including: Whether the driver has a history of DUI violations; Whether the driver was operating a commercial vehicle at the time of the DUI; Whether the DUI violation occurred while there was a child in the vehicle; Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving; Whether the DUI violation involved a car accident in which property damage occurred; Whether the DUI violation involved a car accident in which another person was injured or killed; and Whether the driver was under the legal drinking age at the time of the DUI violation. DUI Sentencing A person who is convicted of drunk driving most likely faces some or all of the following in terms of punishment: a fine; time in jail; suspension, restriction, or revocation of the defendantŐs driverŐs license; probation; enrollment and completion of a course in drunk driving or alcoholism. In addition to these, states have also developed other penalties or requirements that drunk drivers must fulfill. One requirement that has become more common throughout the nation involves the use of an ignition-interlock device. Such a device captures a driverŐs breath and analyzes the BAC of the driver. The device only allows the driver to start the vehicle when the breath analyzer reads below a certain level, such as .02 percent. Another form of punishment is the impoundment of a drunk driverŐs vehicle for a certain period of time. A more serious form of this punishment is the forfeiture of a vehicle, meaning that a court can order the sale of a personŐs car after the person has had multiple convictions for drunk driving. States have also modified their statutes to provide for enhanced sentences under some circumstances. These sentence enhancements may apply when one of the following events occur: (1) The defendantŐs BAC is very high, such as above .20 percent. (2) The defendant refuses to submit to chemical testing. (3) The defendant greatly exceeds the speed limit or drives recklessly while drunk. (4) A child under the age of 14 is in the car when the defendant is driving drunk. (5) Drunk driving is accompanied with an accident or injury to another person. Elements of the Offense Most state laws define crimes of drunk driving as follows: driving a motor vehicle on a road or highway while under the influence of alcohol. Newer statutes also provide for a per se offense, which a person commits when driving a motor vehicle on a road or highway with a blood-alcohol concentration of .08 percent. Several state statutes require that a defendant was driving a vehicle in order to be convicted of a drunk driving offense. Other states use the terms operating a vehicle or being in physical control of the vehicle. These terms are not normally synonymous, and so it is important to determine how an individual state defines the term in the statute. A number of issues may arise that relate to the ŇdrivingÓ element of a drunk driving offense. For instance, a person may be in a car but has not turned on the ignition. The question in some cases is whether the person was driving or operating a vehicle or whether the person was using the vehicle as a temporary shelter. Courts in various jurisdictions have identified several factors that may be used to determine whether someone has been driving a vehicle. Some of these include the following: Field evidence may fall into one of five categories, including the following: Testimony regarding the defendantŐs unusual driving Testimony regarding the defendantŐs conduct or physical appearance Incriminating statements made by the defendant Testimony regarding the defendantŐs performance during a field sobriety test Tapes, film, and/or photographs taken at the scene where the defendant was driving and/or arrested Police officers will often look at the defendantŐs physical appearance and symptoms of drunk driving in order to determine whether the defendant is intoxicated. The following are some of the more common symptoms of intoxication: The defendantŐs clothes are disheveled The defendant has not shaved or combed his or her hair The defendantŐs eyes appear to be red, glassy, or bloodshot The defendantŐs face appears to be flushed The defendantŐs breath smells like alcohol The defendantŐs speech is thick and slurred The defendantŐs BAC level will be determined through one of three methods. The most common of these methods involves an analysis of the defendantŐs breath. Other tests analyze the blood or urine of the defendant. Refinements in the methods by which a defendantŐs BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys can often successfully attack the methods by which the defendantŐs BAC was analyzed.
3. Fletcher, Dione: 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.
4. Rumberger, Kirk & Caldwell: criminal matters in state and federal courts at both the trial and appellate level
5. Figueroa Law Firm: A person may be arrested and charged of a Criminal DUI Offense if it is determined that they are under the influence of alcoholic beverages, illegal drugs, prescription drugs or other controlled substances which may impair one's ability to safely operate a motor vehicle. Facing DUI charges is a serious matter as the nature of the offense puts others' lives and property in danger. For this reason, prosecutors and law enforcement typically will exhaust all legal means in order to achieve a conviction. When arrested and charged with a criminal DUI offense, it may be extremely important that you seek the legal advice and representation of experienced legal counsel.
6. Hung, Donna: DWI/DUI * Traffic Infractions * Drug Offenses * Assault, Battery & Stalking * Theft Offenses * Violation of Probation and Community Control * Early Termination of Probation * Bond Hearings * Expungement and Sealing of Records * Juvenile Offenses
7. Namey, John: Orlando DUI Fight to avoid fines & penalties with a drunk-driving lawyer Florida drunk driving convictions carry serious penalties that have lasting effects on your life. If you are arrested for drunk driving, the best way to maintain the quality of your life before the arrest is to avoid conviction. Many people believe that a drunk-driving charge is a minor ordeal, but itŐs rare for someone convicted of an Orlando DUI to get away with less than $5000 in total fines, fees, surcharges, and expenses. Consider just the initial conviction expenses without expenses related to probation, mandatory classes, insurance surcharges, or DMV fees: * First conviction: Not less than $500 or, in other circumstances, not less than $1000; 50 hours of community service or an additional $500 * Second conviction: Not less than $1000 or, in other circumstances, not less than $2000; mandatory imprisonment of at least 10 days * Third conviction: Not less than $2000 or, in other circumstances, not less than $4000; mandatory imprisonment of at least 30 days Now, calculate the potential loss of income while handling the charge, the additional expenses in transportation, and the value of any effects criminal convictions may have on your career or your ability to gain entry to schools that may help your career. The cost of that DUI charge could be tens of thousands of dollars. Younger people have even more to loseŃthe length of time the effects of a DUI might compound is longer, and, for minors, assuming juvenile charges have little or no impact is an unfortunate mistake.
8. McShane, Neal: Criminal Offense of Driving Under the Influence of Drugs The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving. To convict a defendant for driving under the influence of drugs, the prosecutor must prove that the defendant was driving or in physical control of a vehicle in a prohibited place while under the influence of a drug or combination of drugs. The definition of what is a drug is very broad and includes any substance that can affect a person's mental or physical capacities to the extent that driving may be affected. A conviction requires that the defendant was under the influence of a drug or drugs, but the prosecution is not required to prove any of the elements of possession of the drug. Further, in most states that prosecution does not have to show evidence of unsafe or erratic driving. The prosecution is not required to show that the defendant was aware that he or she was under the influence of drugs at the time of driving or that the defendant intended to drive while under the influence of drugs. However, some courts have required a limited knowledge element if the drugs at issue were medically prescribed. Therefore, impairment by prescription drugs may be a defense in some situations. The defense used in many actions for driving under the influence of drugs challenge the admissibility of drug use or impairment on grounds that the evidence is unreliable, that the officer testifying is not an expert in drug recognition, or that the evidence of low drug concentration is irrelevant and prejudicial. If you are charged with the criminal offense of driving under the influence of drugs you should immediately contact an experienced criminal law attorney. An experienced attorney can advise you on how to proceed in order to best protect your legal rights.
9. Marin, Carmelina: state or federal crimes in Florida-from traffic tickets and misdemeanors to major felonies, DUI charges and DMV driver's license suspension hearings, theft and property offenses, drug charges, violent crimes, juvenile cases, grand jury cases, and probation or parole violations
10. McChesney, Blaine: Criminal Defense: Assault, Battery, Burglary, Dealing In Stolen Property, Domestic Violence, Driving Under the Influence, Driving With a Suspended License, Drug Offenses, Manslaughter, Murder, Robbery, Sex Offenses, Stalking, Theft Juveniles Violations of Probation Bond hearings Appealing prior convictions Sealing and Expunging Criminal Records
11. O'Mara, Mark: DUI/DWI charges are serious. A conviction can mean large fines, driver's license suspension, increased insurance rates and even possible jail time.
12. McDonnell, Hugh: DUI/Driving Under the Influence: "DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
13. Blaine McChesney: The DUI (driving under the influence) and DWI (driving while intoxicated) laws across the United States have become increasingly more strict. Legal limits for blood alcohol content are at an all time low. In Florida, the 3rd DUI within 10 years is considered a felony. If you have been accused of or charged with drunk driving, you need the assistance of an experienced DUI attorney.
    1. Some counties throw out the results of the intoxilyzer tests. Some do not. To blow or not to blow ends up being a very controversial topic.
    2. It is extremely important for you to get to a lawyer as soon as possible after being cited for drunk driving. The Department of Motor Vehicles (DMV) works very quickly to suspend your license. You only have 10 days to petition for a hearing in order to attempt to prevent the suspension of your license. 
    3. If charged with a DUI, you are facing fines and jail time, both of which are more severe if you were involved in an accident, or a minor was present in the vehicle.
14. Gregory Meeks: DUI or Driving Under the Influence results in a criminal charge as well as action against your driver's license through the department of motor vehicles. In the criminal court, you could be sentenced to up to 6 months of jail for a first offense and a third offense can be punishable by up to 5 years in state prison. Additionally, the Department of Motor Vehicles could suspend your driver's license for a period of 6 months to life depending on your driving record. The DUI laws are complex and subject to change by the state legislation. An arrest for DUI can have very serious consequences. Your license may already be suspended if you refused to submit to the tests the officer "asked" you to do or if your blood alcohol level was .08 or higher. It is very important to know that you only have 10 days from the date of your arrest to challenge this administrative suspension. You must request a hearing within this 10-day period.
15. Andrew Moler: What does it mean to prove guilt "beyond a reasonable doubt?" The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
16. Mosley & Mosley: The exclusionary rule bars law enforcement from using evidence in jury trials that was seized in violation of the Fourth Amendment's provisions against unlawful searches or seizures. However, in carefully defined circumstances, numerous exceptions to the exclusionary rule permit otherwise unlawful searches or seizures. Under the "good faith exception," evidence obtained from a search or seizure subsequently determined to be unlawful may be used if a reasonably well trained police officer would have believed that the search was lawful.
17. NeJame, LaFay, Jancha, Ahmed, Barker & Joshi,:

    Driving under the influence of an alcoholic beverage is a serious offense in Florida and its defense may be challenging.

    If you are charged with DUI in Florida:

    1. You will be kept in jail for at least 8 hours
    2. Your license will be suspended immediately
    3. If your license was valid at the time of the incident, you will be allowed to drive with your DUI ticket for the next 10 days.
    4. You have 10 days from the day of the incident to get your drivers license back
    5. A temporary permit may be obtained to allow you to drive for up to 45 days until your hearing date.

    Being convicted of Driving Under Influence (DUI) in Florida has the following serious legal consequences (for first-time offenders):

    1. DUI school
    2. Up to 6 months in jail
    3. Suspension of your driving privileges for at least 180 days and up to one year.
    4. Not less than 50 hours of community service
    5. Not less than $250 or more than $500 fine plus court costs
    6. Not more than one year probation
    7. Victim awareness program
    8. Vehicle impoundment
    9. Permanent DUI conviction on your record for life, which means criminal record

    Fighting a DUI case requires special skills, extensive legal knowledge and a lot of experience in the criminal justice system.

18. Pribel, Kevin: If you have been charged with DUI, a change in the law in effect since July 1,1995, may have a dramatic effect on you. The Department of Highway Safety and Motor Vehicles is imposing "hard suspension periods" on all DUI offenders who have a blood alcohol level of .08% or above or who refuse to submit to a chemical test of their breath. The effect of the law is that all DUI offenders will lose their privilege to operate a motor vehicle in Florida for 30 to 90 days without any hardship or business purpose license.