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DWI and DUI Lawyer in Orlando, FL
Law enforcement officers, prosecutors, and judges in Florida take driving under the influence cases very seriously. They recognize that a vehicle in the hands of a driver with impaired judgment and physical abilities is hazardous. The steep consequences that come with a DUI conviction make it essential to consult a practiced DUI charges defense attorney. The attorneys at Hanlon Law have valuable experience guiding their clients through the criminal justice system. Our lawyers work aggressively to combat DUI charges so they can be dropped or reduced whenever possible.
Definition of DUI Charges in Florida
Under Florida Statute 316, it is illegal to operate a motor vehicle while intoxicated by alcohol or drugs. This crime is referred to as a DUI in Florida law but is also commonly referred to as a DWI. In order to test if a driver is driving under the influence, police typically rely on chemical, blood, breath, or urine tests to prove impairment. A person can be convicted for driving under the influence of the following apply:
- A blood alcohol level (BAL) of .08% or higher for those over 21
- A BAL of .02% or higher for those under 21
- A chemical or controlled substance
Law enforcement can also charge a person with driving under the influence without them undergoing a chemical test if they believe there is sufficient other evidence to show that the person was intoxicated behind the wheel.
DUI Penalties
In Florida, DUI penalties are set up to take into account how many previous DUIs you had had, when your previous DUIs were, if there was a minor in the car at the time you were driving under the influence, whether your BAL was 0.15 or higher, and if your impaired driving causing injury or death. Depending on the various factors of your case, DUI penalties can include the following:
- Expensive fines.
- Community service.
- Time in prison from 6 months up.
- Long probationary periods.
- Attending DUI school.
- Having your vehicle impounded for 10 days or longer.
- Having your driver's license revoked.
- An ignition interlock device is placed on your car.
An ignition interlock device is used in Florida for those with a DUI conviction. These devices work by periodically requiring the driver to breathe into it, then recording their BAL and transmitting the data to the Department of Motor Vehicles. For a first DUI conviction, a judge may decide whether to install an ignition interlock device. These devices are mandatory upon a second DUI conviction.
Most DUIs are charged as a misdemeanor in Florida; however, injuring or killing someone while driving impaired can enhance a DUI conviction to a first-degree felony. The first-degree felony penalties for a DUI can include up to 30 years in prison if it fits the definition of Manslaughter or Vehicular Homicide and you leave the crime scene.
Defenses to DUI Charges
If you have been suspected or charged with a DUI in Florida, the law gives you a variety of possible defenses. Your lawyer can challenge the validity of two primary elements of a DUI. Were you actually in control of the vehicle? Were you actually impaired at the time you were arrested? Your attorney may also challenge the accuracy of the breathalyzer, the experience of the officer who administered the test, and the reliability of the lab who performed any blood tests.
It is also important to note that you have the right to decline a breathalyzer or any other chemical test. However, Florida's implied consent law does make it so that a refusal can be used as evidence against you, and your driver's license will be automatically suspended for one year.
Protect Your Future Against a DUI Conviction
The penalties for a DUI conviction are harsh and require the expertise of a criminal defense attorney to fight against. It is also essential to consult an attorney quickly, as the suspension of your license is automatic and effective immediately. You have 10 days to request an administrative review of your license suspension following your arrest. During the review, you can get your driving privileges extended while awaiting the hearing, during which your DUI lawyer can raise defenses. The outcome of said hearing will seriously impact your case. The attorneys at Hanlon Law are incredibly familiar with the process of combating DUI charges and ready to advocate for your rights throughout.
If you are in need of a DUI lawyer in Orlando, FL,
contact the attorneys at Hanlon Law today.
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Practice Areas
We serve clients throughout Florida including those in the following localities: Hernando County including Spring Hill; Hillsborough County including Brandon, Riverview, and Tampa; Pinellas County including Clearwater, Largo, Palm Harbor, Pinellas Park, Seminole, and St. Petersburg; and Pasco County including Dade City, Hudson, and New Port Richey.
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