Orlando DUI Lawyers
- Wilson Law Firm:
FREQUENT CRIMINAL DEFENSE QUESTIONS:
How do I go about bonding someone out of jail?
You can either post the full amount of the bond yourself or you can
hire a bail bonds company. If you post the entire amount yourself,
you will receive the full amount back once the case is resolved, as
long as the Defendant shows up at court appearances. Bail bond
companies usually charge a ten percent fee of the total bond amount.
For more information about bonding an individual out of jail click on
the following link: Jail & Bond Information>
What are the Criminal Penalties I face for my charges?
The penalties you are facing depend on what crime you have been
charged with. To learn about the various penalties for misdemeanor
and Felony offenses click on the following link: Criminal Penalties>
What are some of the Criminal Defenses that I might have?
Each case is unique as to the individual facts. In some cases, you may be able to suppress
statements the Defendant made or evidence that was collected. In other cases, there may be
contradicting evidence or other problems that prevent the State from proving your guilt beyond a
reasonable doubt. To learn more about some of the Defenses that may exist in your case click on
the following link: Criminal Defenses>
What happens at the arraignment?
The arraignment is where the Court informs the accused of the formal charges the State Attorney
has filed against them. The individual is then given a chance to enter a plea to these charges. A
plea of either not guilty or guilty may be entered. In some cases, a judge may accept a no contest
plea as well. A plea of guilty or no contest without an agreed upon resolution means the judge will
decide the penalties that are going to be imposed upon the defendant. This includes the
possibility of being sentenced to up to the maximum incarceration period possible for the alleged
crime. If you hire an attorney, they can enter a written plea of not guilty on the your behalf, and waive
your presence at the arraignment.
How do I keep track of my court dates and case?
If you have questions regarding your hearing dates and times, contact the Clerk of Court in the
County you are charged with the criminal offense. The Florida County Clerk of Court websites can
be found on our Resources page under Clerk of Courts. If you hire an attorney, they will receive
notice of your court dates, and will be able to inform you of the status of your case and hearing
dates.
What happens if I miss a court date?
Missing a court date where your presence is required will most likely result in a warrant being
issued for your arrest. You should plan your schedule in advance to prevent this from happening at
all costs. Also, try to plan your day so that you arrive well before your hearing time. This will allow
you time to compensate for any unexpected events that might cause delays. In some cases, the
judge may allow you to allow you to reschedule your court date. If you hire an attorney, they will be
able to waive your presence at many of the hearings and deal with any scheduling issues that arise
in your case.
What are a persons rights in a criminal case?
* The privilege against compulsory self-incrimination which includes the right to plead not guilty.
* The right to a trial in which the State must prove your guilt beyond a reasonable doubt.
* The right to a speedy and public trial by an impartial jury.
* The right to confront the witnesses against them.
* The right to compulsory process to obtain witnesses in their favor.
* The right to have the effective assistance of counsel for their defense at trial.
* The right to appeal.
* The right to present any defense on their behalf.
If you hire an attorney, they will represent your interests and protect your rights.
What should I look for when shopping for an attorney?
Speak with the attorney in detail and ask questions about your specific case. Your Attorney should
be able to provide you with information about the criminal process, potential penalties, defenses
and possible outcomes to your case. We recommend finding an attorneys with a solid background
in criminal defense who has trial experience and who you feel you can trust and afford. Note:
Beware of attorneys who guarantee a specific outcome. No attorney can guarantee the outcome of
your case and if you happen to run into a firm or attorney who does, ask them to put their guarantee
in writing in their contract.
- Tennis, Diana:
*
DUI Defense
*
Criminal Traffic Violations
*
Drug Charge Defense
*
Drug Possession Defense
*
Drug Trafficking Defense
* Theft & Burglary Defense
* Misdemeanor Crime Defense
* Felony Crime Defense
* Assault and Battery Defense
- Strick Law Firm:
*
DUI/Drunk Driving
*
Drug possession
*
Drug trafficking- Sale/delivery
*
Prescription Fraud
*
Domestic violence
*
Robbery, Theft, Burglary
*
Assault & Battery
*
Juvenile Matters
*
White-Collar Crimes
*
Computer-related Crimes
*
Homicide/violent crimes
*
Sex crimes
*
Bad Checks
*
Violations of Probation
- Cohen & Storie:
What If It's Just a First-Time DUI Offense?
Even a first-time DUI offense can have serious negative consequences, and the likelihood of serious consequences is usually higher if the defendant chooses not to hire a DUI defense attorney to help fight the charge.
Upon conviction for a first DUI offense, your driver's license can be suspended for as long as a year and you could face a jail sentence of up to six months. If you then continue driving with a suspended driver's license, you could face additional criminal charges.
What's more, the stigma of a DUI conviction will stay with you forever. A DUI conviction will stay on your driver's record forever. It cannot be expunged or sealed. If a DUI defense lawyer helps you get the DUI charge dismissed, then the criminal charge can be expunged from your record Ñ if it's your first offense. And if there is no conviction, then the DUI arrest will not appear on your driver's record.
- Wilson, Joel:
It is important to remember that it is not against the law for people to drink and drive unless
the individual is affected by the alcohol or a illegal chemical to the extent that their normal
faculties are impaired, or that their blood or breath alcohol is more than the legal limit. In
our society, the consumption of alcohol in one form or another is common at many social
gathering, and people often drive home after drinking at these events.
In many cases, a DUI arrest is based solely on a subjective opinion of the arresting officer
as to the accused persons impairment level. In two identical situations, one officer could
feel that a person is impaired, while the other officer could determine that a person was not
impaired. Even in cases involving a breath or blood alcohol sample, the testing procedures
and equipment used in these tests are often flawed or subject to error.
The penalties, however, for even a first time DUI conviction are significant, and can include
Jail, Probation, DUI programs, Loss of License, Vehicle Impoundment, Fines and Court
Costs. Please visit our DUI Penalties link to learn more about the penalties for a DUI
conviction.
While each case is unique, in many DUI cases, there are defenses that may result in a
reduced charge or even a dismissal of the case. Please visit our DUI defenses link to learn
more about some of the defenses that may exist in a DUI case.
10 Day Period: When a person is arrested for DUI there are also significant noncriminal
administrative penalties that arise as well. If the individuals breath test was over the legal
limit, or if the individual refused the breath test they face an administrative suspension of
their drivers license. In order to contest this administrative suspension, the individual must
request a hearing within 10 days of the date of arrest. If our firm is retained prior to the
expiration of the 10 day period, we will request and represent you at these administrative
hearings.
Note: The administrative suspension is separate from the criminal suspension that an
individual faces with a DUI. Simply put, this means that your administrative suspension is
not running concurrent with your criminal suspension and even though one suspension has
expired, the other suspension will still prevent you from obtaining an unrestricted drivers
license. Completing the required DUI Counter Attack programs through the Florida Safety
Counsel though, may allow a person to receive a Business Purpose Only license to drive to
and from work or school.
- Terry, Timothy:
If you have been accused of a crime, you probably want an attorney who understands the impact a conviction could have on your life. You want a lawyer who will fight to defend you against the charges against you. You will want someone who will work hard to see that your rights are protected.
- Russ, James:
What you need to know about a DUI manslaughter charge
* Talk to no one, especially the police, before consulting an attorney.
* People who have been charged with DUI or DUI manslaughter often have underlying substance abuse or emotional problems.
* DUI manslaughter and vehicular homicide charges come with serious consequences, including significant prison time, the payment of fines and the revocation of their driver's license.
* Do not leave the scene Ð if you do, you may be facing additional charges including hit-and-run and fleeing the police.
- Williams & Wiseman:
There are two ways a prosecutor can prove that you were drinking and driving. They can show that your blood alcohol level exceeded the legal limit or they can show that you were impaired.
* Defenses to a DUI
* Challenging the traffic stop
* Challenging the breath test
* Challenging the field sobriety test
* Challenging the refusal to take the breath test Challenging the officer's investigation
- Smith, Shawn:
There are certain traffic violations which the courts deem criminal. These types of cases require a court appearance and can be punished by a term of incarceration in county jail or even state prison. It is important to consult an attorney before pleading to any traffic offense as the Department of Motor Vehicle may suspend your license for a period of time as a result of your plea. Some common criminal traffic offenses include Driving on a Suspended License with Knowledge, Leaving the Scene of An Accident, Reckless Driving, Fleeing and Eluding and of course Driving Under the Influence.
- Scott & Medling:
Florida Drunk Driving DUI/DWI Laws:
In technical terms, anyone can be arrested for DUI in Florida if he or she has more than .08 or more grams of alcohol per 210 liters of breath or .08 grams or more of alcohol per 100 milliliters of blood in his or her system.
Depending on the defendant's personal situation and history, the penalties for a DUI in Florida can be quite severe. A conviction for a first-offense DUI carries fines ranging from $250 to $500 and the potential for up to six months in prison. A second offense carries fines ranging between $500 and $1,000 and a conviction can also result in up to nine months in prison. A second conviction can also require a driver to place an interlock ignition device on the defendant's car for a period of one year, and the defendant must pay all costs associated with this device.
After a DUI conviction, the Òclock ticksÓ on the defendant for a period of ten years. If a person is convicted of a second DUI within ten years of the original offense, he or she will be convicted of a third-degree felony that carries a potential of up to one year in prison. A second conviction will also require the defendant to place an interlock ignition device on his or her car for a period of two years, and he or she must again pay all costs associated with the device.
Vehicular Manslaughter
Vehicular manslaughter in Florida is a charge that can carry consequences that will change your life forever. The statutes in this regard are clear, and they state that if a person was driving a vehicle under the influence and this operation causes the death of another, that person, if convicted, shall be guilty of either:
* A second degree felony, punishable by up to 15 years in prison, or
* A felony in the first degree, if the defendant:
o Knew, or should have known that the crash occurred and
o The defendant failed to give proper information or render aid as required by law.
A felony in the first degree can carry a prison term of 30 years in prison, or even lifetime imprisonment in certain circumstances.
Field Sobriety Testing
In Florida field sobriety testing is a standard part of almost any DUI stop and arrest, and although the constitutionality of these tests has been challenged several times, no definitive ruling has ever been made in this regard. Absent this type of ruling, states are generally free to impose their own regulations as they relate to field sobriety testing, and Florida is no different.
In fact, Florida's laws regarding field sobriety testing are among the most stringent in the United States. The state legislature made significant changes to this law in 2002, and these changes added the ability for prosecutors to add an additional misdemeanor charge to a defendant's arrest if he or she refuses to cooperate with a field sobriety test and the defendant's record includes any past instance of refusing to comply with field sobriety testing.
Under 21 Fines and Penalties
Underage drinking is something that the Florida legislature views as a significant problem, and underage drunk driving is seen as an even bigger problem. Therefore, laws have been enacted that create more serious penalties for anyone who is under 21 years of age and is arrested for DUI in Florida.
Below you'll see the standards in place for a DUI charge to be leveled against anyone under 21 years old:
* First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
* Second or Subsequent Suspensions: 1 year.
* First Suspension for Refusal to Submit to Breath Test: 1 year.
* Second or Subsequent Suspensions for Refusal: 18 months.
The suspensions listed above begin immediately, and if a person under 21 is arrested with a BAC of more than .05, there are additional requirements that must be met in order for that person to regain full driving privileges. If a defendant registers a BAC above a .05, he or she will not have his or her driving suspension lifted until a substance abuse evaluation and course are completed.
10 Day Rule in Florida
The 10 Day Rule is much like rules in other jurisdictions, but the issue with this rule is that it is so often overlooked. This administrative rule states that if you:
* Refused to take a breath, blood or urine test after being arrested for DUI;
* The arresting officer claims that you refused the test;
* You took a test and registered a BAC of more than .08
You have a total of 10 days to challenge the administrative suspension of your driving privileges with the department of motor vehicles. Failure to challenge this suspension within the stated timeframe results in the automatic suspension of your license for as long as 18 months.
DUI Penalties
DUI penalties include fines, license suspensions and even time in jail in certain situations. The fines generally range from $250 to $1,000, but that does not include all of the additional costs of higher insurance rates, alternate transportation and perhaps the costs of interlock ignition devices in certain cases. Below is a schedule of suspension durations that result from a DUI conviction in Florida:
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
F. 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.
- Rathel Law Group:
Being charged with a DUI in Orlando, Florida is a serious problem.
There have been many changes in the DUI laws over the past few years
which could affect the defense of your case. Possible Dismissal
Breath Test: Did the Officer fail to tell you that your license would be automatically suspended if you refused to to take the breath test?
Breath Test: Did the Officer encourage you to "keep blowing" during the breath test?
Breath Test: Did the Officer fail to observe you for 20 minutes immediately prior to the breath test?
Reason for your stop: Did the Officer stop you for Speeding, Weaving, Failure to Maintain Single Lane, Obstruction of Traffic, Illegal U-turn, Anonymous call?
Roadside Test: Do you suffer from any kind of illness, injuries which might affect the performance of the Roadside Field Sobriety Exercise?
Roadside Test: Did the Officer conduct the Roadside Field Sobriety Exercise on a flat, paved, well lit surface?
Accident: If you were involved in an accident did the Officer properly inform you that they were now conducting a DUI investigation after he finished his accident report? This is referred to as the "Accident Report Privilege."
Physical Condition: Is there another reason your eyes might be red and/or glassy? Did the Officer mistake nervousness or exhaustion for being drunk?
Evidence: Did the Officer properly prepare all of the evidence?
- Spencer Rhodes:
You should consult an attorney for individual advice regarding your own situation.
Return to Florida DUI Lawyers
|