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Orlando DUI Lawyers

1. Moderras Law Firm: Primary Ways to Challenge DUI: Challenging the Stop Challenging the Field Sobriety Exercises Challenging the Breathalyzer Test/Results Suppressing Evidence and Statements 2 Ways DUI Can Be Proven: Under Florida law, a DUI charge can be proven by: The State proving that your normal faculties were impaired, or The State proving that you drove with an unlawful blood/breath alcohol level of .08 or above. Criminal Penalties: DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. Even first-time DUI offender’s in Florida are penalized severely. Therefore, it is imperative that you fight it your DUI charge using every legal defense and avenue available. The most current DUI penalties can be found in Section 316.193, Florida Statutes. Administrative Reviews: In addition to the criminal penalties for DUI, there are separate administrative penalties that you could be facing from the Department of Highway Safety and Motor Vehicles, that could lead to severe financial consequences and may affect your ability to drive for an extended period of time. One possible suspension the Department of Highway Safety and Motor Vehicles could impose is known as an Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either Refused to submit to a breath, urine or blood test, or Submitted to a breath, urine or blood test and your blood alcohol level was found to be .08 or higher. If you refused to submit to testing, or if your results were over .08 your Driver License will be suspended for either 6 months, 1 year, or 18 months from the date of your arrest. If your license is suspended, your driving privileges will be revoked at midnight on the 10th day following the date of your arrest. Florida’s Ten Day Rule: You only have 10 days from the date of your arrest to request a Formal Review Hearing with the DHSMV to contest your suspension. Therefore, it is very important that you contact us immediately after your arrest for DUI so that we can make a request for a Formal Review Hearing on your behalf. If a timely request for a Formal Review Hearing is made, the DHSMV will issue a Temporary Driving Permit that will extend your driving privileges to allow you to drive for an additional 42 days for business purposes until your Formal Review Hearing date. Following a successful Formal Review Hearing, you may no longer face any administrative penalties or sanctions and may resume driving as normal pending the resolution of your criminal case. In the case of an unsuccessful DUI challenge, your suspension will be upheld and your driver’s license will remain suspended. However, you may still be eligible for a hardship drivers license. Obtaining a Hardship Driver License To be eligible for a hardship drivers license, you must meet the following criteria: If you have never been convicted of more than two DUI offenses Proof of enrollment in, or completion of DUI Counter Attack School, and The “Hard Suspension” period of your administrative suspension has expired: 30 days for a BAC over .08, or 90 days for a refusal to submit to a Blood or Breath Alcohol Content test. If all of these requirements are satisfied in your case, a Hardship Review Hearing can be requested and if you are approved, you may present the approval form to your local DHSMV to be issued a hardship license. You must also present the DHSMV with proof of liability insurance on the arrest date and proof of current liability coverage. If you submitted proof of enrollment in DUI school, you must complete the program within 90 days of receiving the hardship license. Failure to complete the course or any ordered treatment will result in the cancellation of your hardship license until the DUI school and/or treatment is completed. Criminal Suspension Aside from the possible DHSMV suspension, you could also be facing a criminal suspension imposed by the Court. If you are criminally convicted of DUI, a secondary and mandatory suspension begins on the date of your conviction and your hardship license will be seized by the Court. Criminal Suspension Periods: First Conviction: Minimum 180 days revocation, maximum 1 year. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as above. Third Conviction outside of 10 Years: If the two previous DUI convictions occurred more than 10 years prior to the current conviction, then you are only looking at a maximum of 1 year suspension. If one of theDUI convictions occurred within 5 years of the current DUI conviction, then you are looking at a 5 year suspension Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle:Mandatory permanent revocation. No hardship reinstatement. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation.DUI Serious Bodily Injury having prior DUI conviction is same as “B-D” above. After the expiration of the criminal suspension term, you may then be able to subsequently be eligible to obtain a hardship drivers license. Eligibility for Hardship License Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension: First Conviction: You must complete the DUI school and apply to DHSMV for a hearing to obtain a hardship license. If your BAC was .15 or higher, you would be required to install an Ignition Interlock device for the first six months of your hardship license period. Second Convictions (or more): You may apply for a hardship reinstatement hearing after one year. Before applying, you must complete the DUI school and remain in the DUI supervision program for the remainder of the revocation period. You would be required to install an Ignition Interlock device on your vehicle for one year. Second Conviction Within 5 Years: (5 Year Revocation) You may apply for a hardship reinstatement hearing after one year. Before applying, you must complete the DUI school and remain in the DUIsupervision program for the remainder of your revocation period (If you miss, or fail to attend counseling or treatment your hardship license will be canceled). Prior to applying you cannot have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to your hardship reinstatement. Third Conviction Within 10 Years: (10 Year Revocation) You may request a hardship reinstatement hearing after the first two years of your revocation. To apply, you must have completed the DUI school and remain in the DUI supervision program for the remainder of your ten-year revocation period. If given a hardship license, you would be required to install a ignition interlock device for the first two years. DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): You may be eligible for hardship reinstatement after 5 years from date of your revocation or from the date your release from prison, provided the following requirements are met: You have not been arrested for a drug-related offense for at least 5 years prior to the hearing; You have not driven a motor vehicle without a license for at least 5 years prior to the hearing; You have been alcohol and drug-free for at least 5 years prior to the hearing; and You complete the DUI school and are supervised under the DUI program for the remainder of the revocation period (Your failure to report for counseling or treatment will result in the cancellation of your hardship license). Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions (3 Year Revocation): You may immediately apply for a hardship reinstatement hearing; however, you must complete the DUI school or advanced driver improvement course. Criminal traffic violations and DUI/DWI charges may be life-changing.
2. Stevenson Rountree: Driving under the influence (DUI, also sometimes called DWI or OUI) is one of the most commonly committed crimes in the United States. Unfortunately, because this crime is so common, many people make the mistake of taking their DUI arrests lightly instead of seeking appropriate legal representation. If you’ve been charged with DUI, your first step should be to discuss your charges with a DUI lawyer...
3. Bernal-Mora, Ophelia: The first DUI conviction will result in hefty fines, license suspension, probation and possible jail time of up to six months. You might be required use an ignition interlock device, attend DUI classes, or do community service. Subsequent convictions have heavier penalties. An Orlando DUI Attorney can provide further explanation.
4. Anderson & Ferrin: Regarding issues that are criminal in nature such as battery, domestic violence, D.U.I., robbery and drug offenses to name a few, it is important to have an attorney that will zealously and aggressively represent you. When faced with these types of issues your choice of an attorney can make a significant difference in the outcome of your case. When faced with criminal charges it is common to feel worried and stressed. It is helpful to have a knowledgeable aggressive attorney working on your side that will fight for your rights and get results. No case is too small or too large. Anderson & Ferrin will fight passionately and aggressively to make sure the best possible outcome is achieved. In criminal cases it is critical to have an attorney involved in the process early on. A proactive approach can possibly prevent charges from ever being filed.
5. Smith, Christopher: Felonies Misdemeanors Domestic Violence License Suspensions Bond Hearings Drug Charges Sex Offenses DUI and Criminal Traffic Offenses Probation/Community Control Violations Sealing/Expungement Tourist/Visitor Defense
6. Perla & Associates: Such charges can have serious consequences. A DUI conviction can result in fines and possible jail time. Your auto insurance rates can go up, and you may lose your license. We will protect your rights and vigorously defend you.
7. Adam Pollack:

   If you are arrested in Florida , the decision whether to answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as, written statements will be received as evidence in court against you.
   
   If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately.
   
   If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent.
   
   When are you under arrest?
   
   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. This may include producing your drivers license and the officer not giving you the license back immediately.
   
   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.
   
   Ordinarily, private citizens do not have power of arrest in Florida ; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved.
   
   May a Law Enforcement Officer Detain You Without Arresting You?

   Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location.
   
   If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officer must return to you any unlawful object found unless the officer places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.
   
   The officer may ask you some questions in order to complete his field interrogation card. You have a constitutional right to not answer them, or give your name, unless the officer has an articulable suspicion that you are involved in a crime. Note, this is not a mere hunch.
   
   At the conclusion of this temporary detention the officer must either arrest you or let you go.
   
   If you should enter a retail establishment where goods are placed on display and for sale, the merchant or his employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in his presence.
   
   When May You be Arrested With a Warrant?
   
   A police officer may arrest you at any time if he has a warrant for your arrest, or if he knows that a warrant for your arrest has been issued.
   
   A warrant is an order issued by a court charging that you committed a particular crime and directing the sheriff and all police officers of the state to arrest you and bring you before the court. You may require the officer to read the warrant after you have been arrested.
   
   An arrest warrant should not be confused with a search warrant.
   
   When May You be Arrested Without a Warrant?
   
   In Florida , a police officer may make an arrest without a warrant under a variety of circumstances. Among those circumstances are:
   
   1) when the officer knows that a warrant for your arrest has been issued and is still in effect even though the warrant may be held by another police officer;
   
   2) when the arresting officer has good reason to believe that a felony has been or is being committed and that you are the person who has committed or is committing the felony.
   
   A felony is a crime which is punishable by death or by imprisonment in the state penitentiary for a term of years. Examples of felonies include the more serious crimes such as murder, sexual battery, robbery, burglary, sale of narcotics, as well as grand larceny, keeping
   a gambling house and many others;
   
   3) when a misdemeanor is committed in the presence of the officer.
   
   Under Florida law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana and a few others.
   
   What Force May the Officer Use in Making an Arrest?
   
   The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.
   
   Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.
   
   Obstructing an officer in his duty with violence is also a felony under Florida law. Obstructing or interfering with an officer in the performance of his or her duty without violence is a misdemeanor.
   
   If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.
   
   When May You be Searched?
   
   While the law of search and seizure is very complex, and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an improper search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask him or her to identify himself.
   
   In most cases involving search and seizure issues, "reasonableness" of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant, they may search only that area or portion authorized in the warrant itself. You are entitled to have a copy of the search warrant left with you and served on you if you are present.
   
   If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They also may check the rest of the house for any hidden accomplices. They may seize any contraband, stolen property, instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be.
   
   Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell him if you have a relative or friend who will come and get it, or that you have a preference of your own station to tow your car.

   
   What Procedures Are Usually Followed When You are Arrested?
   
   The officer will take you to a police station.
   
   You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury.
   You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury.

   You also may be required to be fingerprinted and photographed.
   
   You will be arraigned at a court session or your attorney will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation and parole.

   What Happens to Personal Property You May Have With You?
   
   If you should be booked into a jail, the police may take money and property from you for safekeeping. They will carefully inventory your money and property and give you a copy of the inventory.
   
   At the time of your release or at the conclusion of your case, such money or property that was not seized as evidence in the case will be returned to you. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you.
   
   
   What Are Your Rights After You Have Been Arrested?
   
   You have a right to know the crime or crimes with which you have been charged.
   
   You have a right to know the identity of the policemen who are dealing with you. This is your right by statute and by custom.
   
   You have the right to communicate by telephone with your attorney, family, friends, or bondsman as soon after you are brought into the police station as practicable. The police have a right to complete their booking procedures before you are allowed to use the telephone.
   
   You have the right to be represented by counsel at all critical stages of your case. Importantly, you have the right to have a meaningful initial appearance before a judge within 24 hours of your arrest. At this initial appearance, the judge must determine whether probable cause exists for your arrest and if probable cause exists, then set a reasonable bail in most instances. If you cannot afford an attorney, the court will appoint an attorney to represent you free of charge, if you qualify under existing criteria as an insolvent person. This right pertains to any offense, however, trivial, for which any imprisonment whatsoever might result.
   
   Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, weigh your decision carefully.
   
   What Rights Do You Have When You are Questioned By The Police?
   
   You have the right to remain silent.
   
   If you choose to speak, anything you say can be used against you in court.
   
   If you decide to answer any questions, you may stop at any time and all questioning will cease.
   
   You have a right to consult with your attorney before answering any questions.
   
   You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.