Question 1

How Can a Criminal Defense Lawyer Help Me After a DUI Arrest in Orlando?

Accepted Answer

When you’re charged with driving under the influence (DUI), you’re facing the possibility of probation, expensive fines, jail time, and the loss of your driver’s license.

Don’t think the charge will just go away or that there won’t be consequences. In fact, a DUI arrest will trigger both criminal and administrative processes. You will have to take prompt action to limit the damage that can be done.

Hiring an Orlando criminal defense attorney with experience handling complex DUI cases is the best decision you can make.

The O’Mara Law Group will be ready to tackle every aspect of your DUI case to get you the best possible result.

Request a DMV hearing within 10 days of your arrest to challenge your license suspension
Determine if your traffic stop was lawful or if police lacked reasonable suspicion to pull you over
Identify the grounds on which the officers came to have probable cause that you were, in fact, driving under the influence in violation of Florida state law
Pinpoint potential issues with field sobriety tests, breathalyzers, or other tests that may have been conducted by the arresting officer(s)
Determine if you were the victim of an illegal search and seizure or if your Constitutional rights were violated at any point in time
Challenge the validity or reliability of evidence offered by the state
Lead conversations with the police, investigators, and the State Attorney’s office
Prepare your case for trial if the state refuses to negotiate fairly or offer a reasonable plea deal

Get our award-winning, nationally-recognized DUI attorneys in your corner. Give yourself every opportunity to protect your license and avoid time behind bars.

Question 2

What Is a DUI in Florida?

Accepted Answer

Under Florida state law, it’s illegal to operate a motor vehicle if you’re under the influence of drugs or alcohol.

There are two ways you can be considered “under the influence”. Those ways include:

Your blood alcohol concentration (BAC) exceeds the legal level (.08 percent), or
Police have probable cause to believe that your “normal faculties are impaired” by the drugs or alcohol you’ve consumed.

So, you don’t technically have to blow a .08 on a breathalyzer to be arrested, charged, or convicted for a DUI.

Police can use evidence of an elevated BAC along with circumstantial evidence to make a DUI case against you.

Evidence of impairment might include:

Weaving between lanes
Swerving
Speeding or driving well below the speed limit
Running red lights or stop signs
Illegal turns
Open containers, drugs, or paraphernalia in the vehicle
Alcohol on the breath
Slurred speech
Erratic behavior
Incoherent answers to questions
Confusion or disorientation
Failed field sobriety test

These things, considered together, may be sufficient for the state to prove that you were impaired while operating a motor vehicle in Orlando. Note that Florida has a separate statute for boating under the influence (BUI) .

Question 3

What Are the Penalties for a DUI in Florida?

Accepted Answer

The penalties for a DUI will ultimately depend on how many convictions you’ve had and if there are any aggravating circumstances present (e.g., BAC at or above .15 percent or whether you had a child passenger in the vehicle).

First DUI

A first DUI offense is a misdemeanor, punishable by:

6 months in jail
$500 to $1,000 in fines
License revocation for one year
Vehicle impoundment for 10 days
1 year of probation, and
50 hours of community service.

If your BAC was .15 percent or higher, then you may also be required to have an Ignition Interlock Device (IID) installed on your vehicle for up to 6 months.

Second DUI

A second DUI is a misdemeanor. The penalties will depend on whether your charge occurs within 5 years of a prior.

Within 5 years of a prior, a second DUI carries:

Between 10 days and 9 months in jail
$1,000 to $2,000 in fines
Vehicle impoundment for 10 days
1 year of probation, and
IID installation for at least 1 year.

When not within 5 years of a prior, a second DUI carries:

One day to 9 months in jail
Between $1,000 and $2,000 in fines
1 year of probation
License suspension for 6 months to 1 year
IID installation for at least 1 year

You may also be required to complete a substance abuse evaluation and complete a treatment program.

Third DUI

If you have two prior DUI convictions, you can face a third-degree felony charge. Your third offense must have occurred within 10 years of a prior to be a felony.

When it’s considered a felony, a third DUI charge in Orlando is punishable by:

Between 12 months and 5 years in prison
License revocation for 180 days to 10 years
Fines between $2,000 and $5,000
IID installation for 2 years

You’ll also be required to complete probation and community service.

Felony DUI

Fourth and subsequent DUI charges are typically third-degree felonies in the state of Florida.

A felony DUI is punishable by:

Between one day and five years in prison
$1,000 to $5000 in fines
Probation for between 1 and 5 years
Permanent loss of your driver’s license
IID installation for at least 2 years

A DUI conviction – whether a misdemeanor or a felony – will remain on your criminal record for 75 years. The penalties you face can change the course of your life forever. Hiring an experienced Orlando attorney is the best way to protect your future and limit the consequences you may experience.

Question 4

What Are Defenses to Drunk Driving Charges in Orlando, FL?

Accepted Answer

At the O’Mara Law Group, we’ll carefully evaluate your DUI case and identify any potential defenses to the charges against you.

We may be able to implement any one of the following strategies in your defense:

Breathalyzer, blood, and urine test results are inaccurate and, therefore, unreliable
The arresting officer lacked reasonable suspicion to stop your vehicle
The field sobriety test was conducted improperly
The chain of custody of the evidence in your case has been broken
Your BAC was not above the legal limit while you were driving

Our DUI attorneys will attack the state’s case at every turn, working to identify problems with your arrest and any evidence that may have been obtained. If we can get evidence dismissed or prove that the government infringed your rights in any way, a judge may have no choice but to dismiss your case. If prosecutors doubt their ability to win at trial, they might come to you with a favorable plea deal.

Orlando DUI Lawyer