Orlando, Florida DUI Lawyer
A Brief Summary of the Following Article
- DUI Varieties: Representation for DUI charges extends beyond alcohol to include recreational substances and prescription drug related offenses. You can be charged with a DUI when operating any vehicle under the influence, including a motorcycle, boat, commercial vehicle operation, or similar. Each offense requires specialized legal strategies.
- Penalty Overview: Florida DUI penalties vary with severity, including fines, probation, community service, license suspension, DUI school, and possible installation of an Ignition Interlock Device,. The potential consequences emphasize the importance of legal expertise.
- Defense Tactics: Strategies like challenging the legality of stops, questioning sobriety tests, examining breathalyzer accuracy, asserting medical conditions, and scrutinizing law enforcement communication all play crucial roles in defense.
- Legal Support: The Wiseman Law Firm in Orlando provides strategic defense planning, meticulous case assessment, aggressive negotiations, and trial experience to protect rights and pursue the best possible outcomes in DUI cases.
Defense Against Drunk Driving Charges in Florida
Were you arrested for drunk driving? At The Wiseman Law Firm, our Orlando DUI defense lawyer has assisted countless clients in defending charges related to drunk driving, driving under the influence of drugs, and other DUI-related charges over the last 15+ years. No matter how incriminating your blood and/or breath test results may seem, there are ways to fight your charges effectively. As a former prosecutor, we can personally walk you through the courts, DMV hearings, and do whatever it takes to protect your driving record and future.
Our Orlando DUI lawyer is available 24/7 when you need us to help protect your rights. It is important to call us as early as possible so we can not only get to work obtaining and challenging all the evidence against you, but can protect your rights, future, freedom, and reputation when you are being questioned by the police.
Below are some useful resources for clients facing DUI charges:
Learn more during a free case review with our Orlando drunk driving defense attorney. We are available 24/7.
Types of DUI Cases Our Criminal Defense Firm Handles in Orlando, Florida
Most people think of DUI charges as only being associated with driving under the influence of alcohol. While this is the most common type of DUI arrest, DUI, or driving under the influence, covers many other situations that can affect the penalties you may face.
At The Wiseman Law Firm, we represent people in various types of DUI cases. We are adept at handling various DUI-related issues, including but not limited to:
Driving Under the Influence of Marijuana
With shifting legal landscapes surrounding marijuana use in Florida and across the nation, DUI cases involving cannabis demand nuanced understanding. We navigate the complexities of these types of cases, crafting a robust defense tailored to the specifics of your marijuana-related DUI charges.
Driving a Commercial Vehicle While Intoxicated
DUI cases involving commercial drivers come with distinct challenges. Our firm has a deep understanding of the regulations and consequences associated with driving under the influence while operating commercial vehicles.
Boating Under the Influence (BUI)
Boating DUI cases, also known as BUI, can come with harsh penalties in Florida. Whether on land or water, we are well-versed in the unique aspects of defending individuals facing charges for operating a boat while under the influence.
Underage DUI
DUI cases involving individuals under 21 in Florida require a tailored approach. Our firm addresses the specific legal considerations for underage DUI charges, working to mitigate consequences and protect the future of young clients.
DUI Involving Prescription Drugs
DUI cases stemming from prescription drug use necessitate a solid defense strategy. We are skilled in navigating the intricacies of prescription drug-related DUI charges, confirming a thorough examination of the facts surrounding your case.
At The Wiseman Law Firm, our commitment extends beyond providing legal representation – we strive to understand the unique circumstances of each case. With a focus on client advocacy and strategic defense, our firm stands ready to navigate the intricacies of DUI charges in Orlando, utilizing an effective and tailored approach for every client.
What Are the DUI Penalties in Florida?
DUI (Driving Under the Influence) penalties in Florida vary based on factors such as the driver’s blood alcohol concentration (BAC), any prior DUI convictions, and other circumstances. As of my last knowledge update in January 2022, the penalties are subject to change, and it’s important to consult the latest Florida statutes or legal professionals for the most current information. However, here is a general overview of DUI penalties in Florida:
First DUI Offense
Fine: $500 to $1,000. If the BAC is 0.15% or higher or there is a minor in the vehicle, the fine may increase.
Probation: Up to 1 year.
Community service: 50 hours.
License suspension: Minimum 180 days.
DUI school: Completion of a substance abuse education course.
Ignition Interlock Device: Installation for a minimum of 6 months for a BAC over 0.15%.
If you are a first-time offender and have no other criminal history, talk to us to find out whether you might qualify for a pre-trial diversion program. This program, which can last up to 9 months, may result in the eventual dropping of your DUI charges once you complete the terms of the program.
Second DUI Offense
Fine: $1,000 to $2,000. If the BAC is 0.15% or higher or there is a minor in the vehicle, the fine may increase.
Probation: Up to 1 year.
Community service: 50 hours.
License suspension: Minimum 5 years if within 5 years of the prior offense.
DUI school: Completion of an advanced substance abuse course.
Ignition Interlock Device: Installation required.
DUI penalties may be enhanced if certain aggravating factors are present, such as a very high BAC, property damage, injury, or if there was a minor in the vehicle. Additionally, DUI convictions may lead to other consequences, such as increased insurance premiums and potential challenges in employment.
Third DUI Offense (Within 10 Years of Second Conviction)
Fine: $2,000 to $5,000. If the BAC is 0.15% or higher or there is a minor in the vehicle, the fine may increase.
Felony conviction: A third DUI within 10 years is a third-degree felony.
License revocation: Minimum 10 years.
DUI school: Completion of an advanced substance abuse course.
Ignition Interlock Device (IID): Installation required.
Multiple DUI offenses can be harshly prosecuted in the state of Florida. You can be charged as a “habitual traffic offender” if you have three or more DUI convictions in a five year period. This means you could lose your driver’s license for up to five years.
Fourth or Subsequent DUI Offense
Fine: Minimum $2,000.
Felony conviction: Fourth or subsequent DUI is a third-degree felony.
License revocation: Permanent revocation.
DUI school: Completion of an advanced substance abuse course.
Ignition Interlock Device (IID): Installation required.
Whether you are a first- or a fourth-time DUI offender, we can provide you with other options. Although bouncing back from a DUI offense for the second, third, or fourth time is understandably much more difficult than the first, we can still find ways to help you minimize the penalties against you.
Given the serious nature of DUI charges, individuals facing such charges should seek legal advice from a qualified Orlando, FL DUI defense attorney to understand the specific details of their case and navigate the legal process effectively.
Florida DUI Defense Strategies
In Florida, a DUI charge does not necessarily equate to a conviction. At The Wiseman Law Firm, we employ strategic approaches to protect your rights. Potential defense strategies our legal team may utilize for your case include:
- Arbitrary or improper police stop: Challenging the legality of the initial traffic stop is a critical strategy. If the police lacked reasonable suspicion or probable cause, the entire DUI case may be compromised.
- Questioning field sobriety tests: Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by various factors. Challenging the reliability of these tests, whether due to environmental conditions or physical limitations, can be a crucial aspect of the defense.
- Improper maintenance and testing of blood samples: When blood samples are mishandled, improperly stored, or tested without adherence to proper protocols, we meticulously examine the chain of custody to challenge the reliability of the blood alcohol content (BAC) evidence.
- Miranda violations: If law enforcement fails to properly inform you of your Miranda rights, any statements made during custodial interrogation may be inadmissible. This violation can be a pivotal element in your defense strategy.
- Examining breathalyzer accuracy: The accuracy of Breathalyzer tests can be influenced by various factors, including calibration issues and the presence of mouth alcohol. An effective defense may involve challenging the reliability of Breathalyzer results through technical and procedural scrutiny.
- Asserting medical conditions: Certain medical conditions or physical impairments can mimic the effects of alcohol impairment. Demonstrating that a medical condition, such as acid reflux or neurological issues, contributed to the appearance of intoxication can be a valid defense.
- Inappropriate communication from law enforcement: Any inappropriate or coercive communication from law enforcement can be grounds for challenging the admissibility of evidence. We scrutinize interactions to ensure they align with legal standards.
- Rules of evidence and procedure violations: Adherence to the rules of evidence and procedure is crucial. Our legal team examines every aspect of the case to identify potential violations that may render evidence inadmissible or warrant case dismissal.
- Illegal search and seizure: Challenging the legality of the search and seizure process is a fundamental defense strategy. If law enforcement violated your Fourth Amendment rights during the arrest, evidence obtained may be deemed inadmissible.
Our commitment is to provide a robust defense tailored to the unique circumstances of your case. We leverage our knowledge to challenge every aspect of the prosecution’s case, making sure your rights are protected throughout the legal process.
Partner With Our Law Firm to Fight a DUI Arrest in Orlando, Florida
If you were arrested for a DUI charge in Orlando or surrounding areas, The Wiseman Law Firm is here to provide skillful legal guidance and unwavering advocacy. Here is how our firm can help you overcome DUI challenges:
Proven DUI Defense Skills
Our lead lawyer, Criminal Defense Attorney Simon Wiseman, is a distinguished DWI defense attorney with over 23 years of experience. Mr. Wiseman has successfully handled a wide range of DUI cases in counties across Florida. His capability spans from low-level misdemeanors to high-stakes felonies, including DUIs, confirming a comprehensive understanding of the legal landscape.
Strategic Defense Planning
The Wiseman Law Firm uses strategic defense planning tailored to your particular situation. From challenging the legality of traffic stops to scrutinizing sobriety test protocols, we leave no stone unturned in crafting a robust defense.
Meticulous Case Assessment
Our legal team conducts a thorough assessment of your case, identifying strengths and weaknesses. This meticulous approach allows us to develop defense strategies that address the specific details of your case.
Negotiation Skills
We leverage our negotiation skills to engage with the prosecution effectively. Our goal is to explore options for reduced charges or alternative sentencing, fighting for the best possible outcome for your case.
Trial Experience
Criminal Defense Attorney Simon Wiseman’s passion for trial work is backed by a substantial record of success in the courtroom. His trial experience includes handling complex DUI cases, giving you the confidence that your defense is in capable hands.
Protecting Your Rights
Throughout the legal process, we prioritize your rights and interests. This includes challenging evidence, confirming proper procedures are followed, and advocating for fair treatment under the law.
Client-Centered Approach
At The Wiseman Law Firm, we understand that each client has unique needs and interests. Our client-centered approach means we take the time to understand your concerns, answer your questions, and provide the support you need during this challenging time.
Aggressive, Zealous, and Effective DUI Representation in Orlando, Florida
If you are seeking a dedicated DUI defense team in Orlando with a proven track record, contact The Wiseman Law Firm today. From thoroughly investigating the details of your DUI stop and questioning the validity of all chemical tests to guiding you through administrative suspension hearings with the DMV, The Wiseman Law Firm works aggressively and efficiently to resolve your charges in the best possible manner.
Criminal Defense Attorney Simon Wiseman comes highly recommended for his unwavering dedication to justice and exemplary trial skills. He has earned a reputation for achieving outstanding results, from securing not-guilty verdicts in high-stakes criminal trials to winning multi-million dollar judgments in personal injury cases.
We are eager to help you with your DUI. Whether you have inquiries or wish to schedule a complimentary consultation with our Orlando criminal defense attorney, please do not hesitate to reach out. We are available 24 hours a day, 7 days a week. We look forward to assisting you.
How Can a Criminal Defense Lawyer Help Me After a DUI Arrest in Orlando?
A criminal defense lawyer plays a crucial role in protecting your rights and securing the best possible outcome after a DUI arrest in Orlando. Here are the key steps they take:
Case Assessment: Your lawyer will start with a comprehensive review of your case, including the circumstances of your arrest, the evidence against you, and your personal history. This initial assessment helps to identify potential weaknesses in the prosecution’s case and develop a strategic defense plan.
Evidence Collection: A thorough investigation is conducted to gather evidence that supports your defense. This may include obtaining police reports, surveillance footage, witness statements, and any other relevant information. The lawyer will also scrutinize the accuracy and maintenance records of breathalyzers and other testing devices used.
Negotiation with Prosecutors: Experienced DUI lawyers often engage in negotiations with prosecutors to seek reduced charges or alternative sentencing options. They leverage their knowledge of DUI laws and precedents to argue for lesser penalties, such as enrollment in diversion programs instead of jail time.
Representation in Court: If your case goes to trial, your lawyer will represent you in court, presenting a robust defense on your behalf. This includes cross-examining witnesses, challenging the validity of evidence, and making compelling arguments to the judge and jury.
By guiding you through each step of the legal process, a criminal defense lawyer ensures your rights are protected and works tirelessly to achieve the most favorable outcome for your case.
What Is Driving Under the Influence in Florida?
Driving Under the Influence (DUI) in Florida is defined as operating a vehicle while impaired by alcohol, drugs, or other controlled substances. Florida law sets a Blood Alcohol Concentration (BAC) limit of 0.08% for drivers aged 21 and over. For commercial drivers, the limit is 0.04%, and for drivers under 21, the limit is 0.02%.
A DUI charge can also result from impairment due to drugs, whether prescription, over-the-counter, or illegal substances. Even if your BAC is below the legal limit, you can still be charged with a DUI if law enforcement determines your ability to drive is impaired.
Understanding these legal thresholds and the various substances that can lead to impairment is essential. If you are facing DUI charges, consulting with a knowledgeable defense attorney is crucial to navigating the complexities of Florida DUI laws and protecting your rights.
Why Choose The Wiseman Law Firm?
Choosing The Wiseman Law Firm means partnering with an experienced and dedicated DUI defense attorney who is committed to achieving the best outcomes for his clients. Here’s why we stand out:
Experience: With over 23 years of experience in DUI defense, Attorney Simon Wiseman has a proven track record of successfully handling a wide range of DUI cases.
Proven Results: We have a history of securing favorable outcomes for our clients, from reduced charges to case dismissals. Our strategic approach and meticulous attention to detail make a significant difference in the courtroom.
Client-Centered Approach: We prioritize our clients’ needs, offering personalized legal strategies and compassionate support throughout the legal process. We take the time to understand your unique situation and tailor our defense accordingly.
Availability: Our team is available 24/7 to answer your questions, provide updates, and offer guidance. We understand the urgency of DUI cases and are always ready to assist.
Choose The Wiseman Law Firm for dedicated, effective, and client-focused DUI defense in Orlando.
DUI Statistics in Florida
DUI arrests and convictions in Florida highlight the seriousness of these charges and their impact on drivers. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were over 32,000 DUI arrests in the state in 2022. Of these, more than 25,000 resulted in convictions.
The statistics also reveal that a significant number of DUI arrests involve drivers with high BAC levels or repeat offenders. Approximately 20% of DUI arrests in Florida involve drivers with a BAC of 0.15% or higher, which leads to enhanced penalties.
Additionally, DUI-related fatalities remain a concern. In 2022, there were over 800 alcohol-impaired driving fatalities in Florida, accounting for nearly 25% of all traffic-related deaths in the state.
These statistics underscore the importance of robust legal defense for individuals facing DUI charges. An experienced DUI attorney can help navigate the complexities of the legal system, challenge evidence, and work towards mitigating the severe consequences associated with DUI convictions.
FAQs about DUI in Orlando
What should I do if I am pulled over for a DUI in Orlando?
If you are pulled over for a DUI, remain calm and cooperative. Provide the requested documents but avoid answering incriminating questions or performing field sobriety tests without consulting a lawyer. Politely request to speak with an attorney before making any statements.
How much does a DUI lawyer cost in Orlando?
The cost of a DUI lawyer varies based on the complexity of your case and the attorney’s experience. Initial consultations are often free, allowing you to discuss your case and understand potential fees. Investing in a skilled DUI lawyer can significantly impact the outcome of your case.
Can I refuse a breathalyzer test in Florida?
Yes, but refusing a breathalyzer test can result in immediate penalties, such as a one-year license suspension for the first refusal and an 18-month suspension for subsequent refusals. Refusal can also be used against you in court, so it’s important to weigh your options carefully.
What are the penalties for a first-time DUI in Florida?
Penalties for a first-time DUI in Florida can include fines ranging from $500 to $1,000, up to one year of probation, 50 hours of community service, mandatory DUI school, and a license suspension of at least 180 days. Enhanced penalties apply if your BAC is 0.15% or higher or if a minor was in the vehicle.
Can a DUI be expunged from my record in Florida?
In Florida, DUI convictions generally cannot be expunged or sealed. However, if your charges are dismissed or you are acquitted, you may be eligible to have the arrest record expunged. Consulting with a DUI attorney can help you understand your options.
These FAQs provide a starting point for understanding DUI laws and penalties in Orlando. For personalized advice and representation, contact The Wiseman Law Firm.
Give our Orlando DUI defense lawyer a call today at 407-420-4647 for a FREE consultation.
