Dui Defense Attorney in Orlando
Driving Under the Influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose your drivers’ license, to be placed on probation, to pay thousands of dollars in Court fines and fees, to watch your insurance rates skyrocket, and may even cause you to lose your freedom, by being incarcerated in jail. The penalties can be extremely severe if you were involved in an accident or vehicular homicide while Driving Under the Influence of alcohol or drugs (DUI). If you are in need of a DUI Attorney in Orlando, FL, call Conan & Herman today for a free consultation!
The Law Office of Conan and Herman, P.A. has over 20 years of combined experience handling DUI and other related cases. We will investigate the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any blood or breath tests administered.
We have the experience and understanding to represent you if you have been charged with a DUI. We are equipped to handle your criminal case as well as a formal administrative DMV hearing regarding the retention of your driving privileges.
Everyone wants the best Orlando DUI defense attorney they can afford. In looking at the factors that go into the best possible defense to Driving Under the Influence under Florida Statute 316.193, you need to look at the experience of the criminal defense lawyer. There are a number of issues when it comes to a legal stop and arrest for DUI. These issues include: if the officer had probable cause to make the stop, if there was enough evidence to conduct a DUI investigation, if there is any type of privilege that may exclude your statements to the police, if you were moved from the scene to conduct the roadside exercises, and if the Intoxilyzer 8000 machine used was properly maintained and serviced. Of course, that is not an exhaustive list of defenses to DUI, but an idea of the many issues that come up defending a criminal case for Driving Under the Influence of alcohol or drugs (DUI).
25 Helpful Driving Under the Influence tips, Free Legal advice:
- It is NOT against the law to drink and drive. Having a glass of wine, a beer or even a shot of liquor, and then operating a motor vehicle is perfectly legal. It is however against the law to operate a motor vehicle while IMPAIRED by alcohol, or a controlled substance.
- The legal limit for impairment in the State of Florida is 0.08 breath alcohol, for an individual to be considered Driving Under the Influence. (DUI)
- Alcohol affects everyone differently. According to the National Highway Traffic Safety Administration, a person’s blood-alcohol level is the result of a complex interaction of weight, gender, alcohol consumed, and time.
- The legal limit for impairment for drivers under the legal drinking age of 21 is only 0.02.
- In order to stop any moving vehicle, law enforcement must have probable cause of a traffic infraction or reasonable suspicion of criminal activity.
- A law enforcement officer’s personal feeling that a driver may be impaired by alcohol or a chemical substance is not sufficient to justify a traffic stop of a vehicle.
- Once a vehicle has been stopped by law enforcement, an officer may only keep a driver on the side of the road for as long as it takes that law enforcement officer to issue a citation, unless the officer obtains probable cause for some other criminal activity, such as DUI. In other words, an officer can not keep you on the side of the road for an extended period of time while waiting for a DUI expert officer to arrive. This is considered an unlawful detention.
- The odor of alcohol alone is not sufficient for an officer to conduct a DUI investigation. Other signs of a driver’s impairment must be present for a Driving Under the Influence investigation to commence.
- Law enforcement officer looks for several cues of potential impairment for a DUI, included but not limited to:
- odor of alcohol
- slurred speech
- bloodshot or glassy eyes
- verbal admission to drinking
- wristbands from clubs or bars
- problems with balance
- problems with hand-eye coordination including the ability to obtain license from wallet as well as insurance and registration information.
- It is extremely important to inform Law enforcement in a DUI investigation about any potential physical ailments or injuries. Many field sobriety exercises are based on balance, and therefore a prior injury or medical condition can greatly affect your performance.
- All officers have differing experience with investigating DUI offenses and different levels of training with regards to spotting and identifying signs of impairment. No two officers have exactly the same level of expertise in the area of determining impairment. Very few law enforcement officers are classified as a D.R.E. (drug recognition expert) which allows them to testify in criminal proceedings as experts in the effects of drugs, including alcohol.
- If you are under investigation for a DUI and are stopped on the side of the road, everything you say can and will be used against you in a court of law, EVEN if an officer has not yet read you the Miranda warnings!
- An individual’s performance on field sobriety exercises is completely subjective and dependent on an officer’s visual observations of certain clues throughout your performance. Most officers do not have video equipment in their car. This means your performance on field sobriety exercises are based solely on how that law enforcement officer chooses to report it.
- Even if you perform well on the field sobriety exercises, officers will often still place you under arrest for DUI based on the totality of circumstances and what the law enforcement officers determine are your signs of impairment.
- If you are placed under arrest for DUI, you will be taken to the breath test center where you will be asked to submit to a lawful sample of your breath to determine your breath alcohol level. If you refuse to submit to a breath test then your license to operate a motor vehicle will be suspended for a period of one year the first offense, and 18 months in the case of a second or subsequent refusal.
- If you blow under the legal limit than your license will NOT be suspended. If you blow over the legal limit, your license will be suspended for 6 months, for a first DUI.
- Within 10 days of a DUI arrest, you have the legal right to challenge the officer’s conclusions that your license should be revoked.
- The Third District Court of Appeals has determined that an individual does not have a right to legal representation prior to the administration a breath test when lawfully arrested for DUI.
- Prior to the administration of a breath test, an individual must be observed for a period of no shorter than twenty (20)minutes, nonstop, to confirm that the individual does not ingest anything prior to the administration of a breath test.
- If you give a breath sample and it is under the legal limit of 0.08, this does NOT mean that you are free to leave. You have still been placed under arrest and you are not free to leave, regardless of what your breath result is.
- If you are arrested for DUI, the Department of Motor Vehicles allows you to drive for ten (10) days following your arrest with the yellow DUI citation you were given at the time of your arrest serving as your temporary driving permit.
- Even if not hiring an attorney immediately after arrest, it is extremely important to request an Administrative hearing with the Department of Motor Vehicles within ten (10) days of your arrest, in an effort to save your driving privilege.
- These administrative hearings at the Department of Motor Vehicles often serve as a form of free deposition for an attorney to question a Law enforcement officer about his experience and what led him/her to probable cause to make a DUI arrest. This hearing takes place outside the presence of an Assistant State Attorney and Judge and is only attended by the arresting officer and an employee with the DMV Bureau of Administrative Reviews.
- Even if you had a breath alcohol level over the legal limit at the time of your DUI arrest, it is extremely important to speak to a qualified attorney about potential strengths and weaknesses in the criminal case against you prior to attending your first scheduled court date.
- If you or someone you know has been arrested for Driving Under the Influence, do not hesitate to call the best Orlando DUI Defense Attorneys at the Law Office of Conan & Herman, P.A., at 407-872-3999 for a free consultation.
New DUI Laws In Florida: (from www.flsenate.gov)
- 316.193 Driving under the influence; penalties.
- 316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
- 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; the right to use reasonable force.
- 316.1934 Presumption of impairment; testing methods.
- 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.
- 316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.
- 316.1937 Ignition interlock devices, requiring; unlawful acts.
- 316.1938 Ignition interlock devices, certification; warning label.
- 316.1939 Refusal to submit to testing; penalties.