Orlando DUI Lawyers
Facing DUI Charges in Florida?
A conviction for driving under the influence, also known as DUI, could lead to long-lasting consequences that can severely limit your freedom and your driving privileges.
At Alers Law Firm, we are proud to offer trusted legal representation to clients facing DUI charges and we will use our experience and tenacity to develop a strong, personalized defense for your case.
Following an arrest, contact our Orlando DUI attorneys at (407) 988-0992 and schedule a consultation at our office. Se Habla Español.
DUI Penalties in Florida
Florida Implied Consent Law
The laws that pertain to DUI are clearly stated in Florida Statute 316.193. Individuals that have their driver’s licenses are all subject to implied consent, which means that anytime an officer suspects you of driving under the influence, you must adhere to a sobriety check, whether it is a chemical test, a breath test, or field sobriety test. Failure to do so will result in automatic suspension of your license and a possible DUI charge.
Common DUI Penalties
According to Florida Statute 316.193, a person is guilty of driving under the influence if the person is driving, or in actual physical control of, a vehicle within the state of Florida, and is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, to the extent that the person’s normal faculties are impaired.
Additionally, the law states that individuals that operate a vehicle while under the influence with a high blood alcohol level, those that drive while intoxicated and cause a major injury accident or death, or those that have minors in the car, could be subjected to additional penalties and fines.
Can You Drive After a DUI in Florida?
After a DUI in Florida, your driver’s license is immediately suspended upon your arrest for DUI. You have 10 days to save your driver's license, for the next 10 days, you may drive only to work or for business purposes using your ticket as a permit. At the end of those 10 days, your license will either be: fully suspended, suspended with work privileges, or reinstated—depending, in part, upon your actions.
A first-time DUI conviction in Florida can result in:
- Vehicle immobilization or impoundment for 10 days, unless your family has no other mode of transportation
- Up to 12 months in prison, depending on the severity and nature of your alleged offense
- Up to one year of probation
- DUI school
- Required 50 hours of community service
- Revoked driver's license for 180 days to 1 year
- Fines up to $1,000; possibly more, depending on severity and nature of your offense
A second DUI can result in:
- Vehicle impoundment for at least 30 days
- Ignition interlock device for at least one year
- Up to 9 months in jail normally
- 5-year license suspension
- Up to $2,000 normally
A Third DUi can result in:
- Felony charge
- Fine up to $5,000
- Ignition interlock for 2 years
- Incarceration for a minimum 30 days and max 5 years
- Vehicle impoundment for 90 days
- 10-year license revocation
Florida DUI Defenses
When facing DUI charges in Orlando it's important to remember as much as you can about your arrest. These details can sometimes be the difference in a case when fighting a DUI conviction. While the individual circumstances of your case will dictate the defense needed, some common defense strategies include:
- Challenging the arrest: Did the arresting officer have probable cause to pull you over?
- Challenging the arresting officer's observations: Is there a valid explanation, such as a pre-existing medical condition, that could explain your behavior?
- Challenging the results of the field sobriety tests: Was the test administered correctly? Do you have any medical or physical limitations that could affect the results?
- Challenging the results of the chemical tests: Was the breathalyzer calibrated correctly? Were the results influence by outside circumstances such as burping or recently using mouthwash?
You need to defend your rights when facing a DUI charge. Our DUI lawyers can help build a defense that best suits the circumstances of your case in order to protect your interests.
How Long Does a DUI Stay on Your Record in Florida?
In Florida, a DUI can stay on your record for up to 75 years. On top of the DUI staying on your record for that long, you could also face harsh penalties when it comes to your license and how you drive.
How Long Does a DUI Affect Your Insurance in Florida?
In Florida, a DUI will stay on your insurance for a minimum of three years. Certain insurance companies may even go back by five years when determining your insurance rates. Insurance companies usually increase your rates for DUI convictions that occurred within the last 3-5 years. The DUI will stay on your driving record much longer though.
Is There a Statute of Limitations on DUI in Florida?
The statute of limitations of limitations for a DUI is two years for a misdemeanor DUI but for a felony DUI, the limitations is three years. A DUI can be charged with a misdemeanor or a felony depending on whether someone was injured, killed during the DUI. If someone was seriously injured due to the DUI, you will be charged with a third degree felony.
Is It Worth Getting a Lawyer for a DUI?
While being pulled over may seem daunting, it is important to know that with the assistance of an experienced attorney, you could see a favorable case resolution. When you work with our Orlando DUI defense attorneys, we will gather all evidence necessary related to your case and develop a personalized defense. We will represent you in court, at all hearings, in front of the DMV, and help fight for your driving privileges and your future. Our criminal defense attorneys serve clients throughout Orange County and Osceola County.
For more information on how Alers Law Firm can help you, contact our Orlando DUI defense lawyers at (407) 988-0992 to schedule a consultation. Se Habla Español.