Orlando DUI Lawyer

Orlando DUI Attorney

If you are arrested for driving impaired in Florida, you could be facing serious penalties. You could even serve jail time, depending on the judge appointed to your case. To improve your chances of securing your freedom and minimize your chances of paying hefty fines, you should consult with an Orlando DUI lawyer immediately.

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What Is a DUI?

A DUI means driving impaired or driving under the influence of alcohol, drugs, and even medications. Florida police officers check a driver’s blood alcohol level (BAL) to determine if they are too impaired to drive. If the driver refuses a BAL test at the scene, their license may be automatically suspended for one year.

DUI Laws in Florida

The legal age for drinking alcohol in Florida is 21. Those under 21 who are caught drinking may be charged with a second-degree misdemeanor. Even if you are not drunk but are caught with an open liquor bottle as a driver or passenger under 21, you are in violation of Florida law.

In Florida, the blood alcohol level that constitutes impaired driving is 0.08%. If a person’s level is .15, and there is a minor in the vehicle, consequences can increase. In general, if you commit repeated DUI offenses, commit vehicular homicide, or cause serious bodily injury as a result of driving impaired, the penalty increases to a third-degree felony. If you are a commercial motor vehicle (CMV) driver, the illegal BAL is 0.04.

What Are the Penalties for a DUI in FL?

Because driving impaired can put yourself and other drivers at risk, including children, the penalties are significant. The main penalty you may receive for a DUI is paying fines and having to do community service. However, you may serve jail time at the court’s discretion. This punishment happens more commonly to those who commit a felony because of impaired driving. The table below outlines the prison and fine schedule for driving impaired in Florida:

• For the first conviction you may have to pay between $500 and $1000; if your BAL was .15 or higher and a minor was in the vehicle, the fines can increase to between $1,000 and $2,000. You may serve up to six months of jail time or up to nine if a minor is involved.
• If it is your second conviction, you may have to pay between $1,000 and $2,000. If your BAL was .15 or higher, and a minor was in the vehicle, the fines can increase to between $2,000 and $4,000. You may serve up to nine months in prison or up to 12 if any minor were involved. If you are arrested within 5 years of your first conviction, you could serve a mandatory 10-day sentence.
• If it is your third conviction, the fines could be between $2,000 and $5,000, and $4,000 or more if there was a minor with you in the vehicle. If your third conviction is within 10 years of previous convictions, you could serve a mandatory 30-day sentence or at least 12 months at the court’s discretion for convictions after 10 years.
• If it is your fourth or any subsequent conviction, the fines are $2,000 or more at the judge’s discretion. The fines are no less than $4,000 if a minor was with you in the vehicle. You can spend up to five years in jail if you are a repeat offender.

What Are Other Consequences for Getting a DUI in FL?

Besides paying fines and possibly being sentenced to jail, the state of Florida has further consequences that deter individuals from driving impaired. To start, you may get your license revoked for 180 days, and the time period increases with each subsequent DUI arrest. You may also have to do community service and enroll in a DUI education program. The court may order you to install an ignition interlock device.

Another consequence of getting a DUI is having your car impounded. Orlando is a city where most individuals travel by motor vehicle. Therefore, getting your car impounded can be particularly inconvenient. Your car may be impounded for 10-90 days, depending on whether it is your first, second, third, or subsequent conviction.

DUI charges are not only emotionally draining, but they are also expensive. You may have to pay court fees and other fees to get your license reinstated. However, none of these fees can amount to possibly serving time in jail.

One of the most significant consequences is that a DUI will stay on your permanent record for 75 years. This can ruin your reputation and impact your ability to obtain certain jobs or secure housing. It can be very difficult to get a DUI conviction expunged, which is why hiring a criminal defense lawyer in Orlando may be beneficial to avoid a conviction and possibly get your case dismissed.

What Are Defenses for a DUI Charge?

Challenging a DUI charge can be difficult, especially if you do not have a lawyer on your side. Florida police officers are on high alert for drunk and impaired driving, so you never know when you will be stopped. However, if you believe you were stopped without probable cause, you have a solid defense. The list below details other possible defenses for a DUI charge:

• You were not the driver. Sometimes, passengers may take the fall for the driver. However, if you were not the driver, or you had no control over the vehicle, you may not legally be charged for a DUI.
• Faulty breathalyzer test or inaccurate field sobriety test. If the breathalyzer was proven to be malfunctioning or otherwise faulty, it may not be a credible determinant of your BAL.
• Medical conditions and other factors. Some medical conditions may impact your BAL, such as acetone production from diabetes mimicking alcohol or mouthwash used just before the test.
• Insufficient evidence. Without concrete evidence, such as from a breathalyzer or chemical test, prosecutors may not be able to win a conviction. Sometimes, police officers will use subjective observations, such as red eyes or slurred speech, as evidence for a conviction.
• Increasing BAL. If your BAC was increasing from the time you were pulled over to the time you took the test, you may have a defense. If it was under the illegal BAL level at the time of testing but not at the time of being pulled over, you may have a defense.

These are just some defenses you might encounter with Robert B. Fisher, P.A. He can craft a detailed defense for your case following a discussion about your situation. He conducts thorough investigations, ensuring all evidence is accurate, fair, and reliable.

Florida’s Implied Consent Law

In Florida, all citizens must abide by the implied consent law for DUI offenses. This law states that if you are pulled over for driving impaired, you automatically consent to a breath, blood, or urine test. If you refuse the test, this is considered acceptable as evidence of your guilt. Refusing also results in your license being suspended for at least a year.

If it is your second or any subsequent offense or arrest, and you refuse, your license may be suspended for 18 months. Your consent to a blood test applies even if you are unconscious or otherwise too mentally or physically impaired to consent to the test. If someone is subject to serious bodily injury or death as a result of your impaired driving, a blood test may be administered.

Commercial drivers have even more stringent rules when it comes to impaired driving. Not only is the illegal BAL level lower, but commercial drivers may also have their licenses revoked for one year after the first offense and permanently for subsequent offenses.

What Is the Difference Between a DUI Conviction and Charge?

It is important to know the difference between a DUI conviction and a DUI charge. Once you are convicted of a DUI, it stays on your record for a minimum of 75 years. In addition to avoiding jail time, probation, or paying fines, you will want to avoid having a mark on your record. While a DUI conviction means you were found guilty of a DUI, a DUI charge means you were only accused of driving impaired. These key differences make a significant difference to your case.

If you are only charged, your lawyer has a better chance of helping your situation, whereas if you are found guilty, your options are limited.

How Can a Lawyer Help Me?

With a skilled, compassionate, and experienced lawyer on your side, you get closer and closer to freedom and avoiding fines. Your lawyer can negotiate your sentencing and fine amounts and may even be able to get your case dismissed if certain criteria are met. Getting your case dismissed may be the ultimate goal for avoiding a DUI charge being on your permanent record.

If your license is revoked or suspended because of a DUI, you may be eligible for hardship reinstatement under certain conditions. Your lawyer may be more beneficial in convincing the judge to reinstate your license better than if you attempted self-representation.

Drunk Driving Defense Law Firm

Robert B. Fisher, P.A. is aggressive in the pursuit of justice for his clients. If you maintain your innocence or the evidence is lacking, he will work to secure freedom. Contact us today for a consultation. You can trust us with your case.