Florida DUI Defense Lawyers
- Types of DUI Cases Our Firm Handles in Orlando
- How Does Florida Define a DUI or a DWI?
- Types of DUI Offenses in Florida
- Florida DUI Defense Strategies
- Can I Refuse a Field Sobriety Test?
- How Can a Florida DUI Lawyer Help with My DUI Charges?
- Why Choose Darling Law
- Don’t Let a DUI Keep You Off the Road.
- Frequently Asked Questions
Key Takeaways
- Under Florida law, you may face the loss of a driver’s license, fines, community service, required use of an ignition lock, and jail time if you are convicted of a Florida DUI.
- There may be ways to provide an effective DUI defense strategy that could help you minimize the risk of the worst outcomes in your case.
- Like all other types of criminal defense, having a skilled legal team available to guide you and support you is essential. Establish an attorney-client relationship now and get the legal guidance you need.
- Darling Law offers a wide range of tools to support you in your claim. If you have been charged, set up a consultation with our legal team to discuss your case and plea agreement or prepare for criminal trial.
The police in Florida pulled you over and charged you with driving under the influence (DUI). Your future is on the line as you may lose your license, struggle to maintain your job without it, and may even be facing jail time. The risks continue to mount.
Hiring an experienced DUI defense lawyer at Darling Law provides you with an opportunity to gain clarity on your legal options, learn what your rights are, and then build a strong defense case.
Types of DUI Cases Our Firm Handles in Orlando
DUI cases, and criminal defense cases in general, range based on whether you have committed a DUI before if anyone was hurt, and what other factors contributed to the situation. Our law firm can help you with most types of DUI cases, including:
- Felony DUI
- Misdemeanor DUI
- DUI Manslaughter
- DUI Property Damage
- Underage DUI
- Commercial Driver DUI
How Does Florida Define a DUI or a DWI?
In Florida, DUI is defined as a person driving with a blood alcohol content, or BAC, of .08 or more. If you are under the age of 21, you could face additional charges.
While Florida primarily uses “DUI,” “DWI” may also refer to impairment by substances other than alcohol (e.g., drugs, both legal and illegal).
Types of DUI Offenses in Florida
Criminal cases for DUI range in severity based on multiple factors. If you are charged with drunk or impaired driving, you may be charged with one of these types of DUI offenses.
First DUI Offense
Your first offense DUI is just what it sounds like the first time you are being charged with a DUI. The following consequences may apply to first-time offenses:
- Up to six months in jail
- $500-$1000 worth of fines (Can be more depending on the BAC at the time of the arrest)
- License suspension
- Vehicle impoundment
Second DUI Offense
A second offense of DUI will carry harsher penalties. If you have had a DUI conviction in the previous five years, you could face additional penalties if convicted again, including:
- Higher fines of up to $5,000
- 10 days of imprisonment or up to 12 months in jail if there was a minor in your vehicle
- Vehicle impoundment or immobilization
- Breath alcohol ignition interlock device requirements
- License revocation
- Probation and DUI school
Third DUI Offense
A third conviction of DUI within 10 years of a prior DUI conviction can lead to additional charges and harsher punishments. Those include:
- Third-degree felony charges
- Up to five years in a Florida state prison
- Finds up to $5,000
- Mandatory imprisonment of 30 days or more
- Minimum of 10 years license revocation
- Ignition interlock device for two years after being eligible for a driver’s license
- Vehicle impoundment or immobilization for 90 days
Florida DUI Defense Strategies
If you are facing a DUI charge, it is critical to protect yourself by hiring a criminal defense lawyer. Your DUI defense attorney will gather all evidence in your case and build a strong defense strategy for you. Your criminal defense attorney has the job of proving you are innocent or, if that is not possible, working to get charges dropped, protecting your criminal record, or taking less stringent rules within DUI laws.
To achieve this, your DUI attorney will need to build a strategy to defend you. Some examples of these strategies include:
- Challenge why the traffic stop began in the first place, proving there was no legal right to stop the driver
- Questioning the field sobriety test or breath test as being accurate and failsafe
- Questioning whether the breathalyzer was calibrated properly and within the necessary timeframe
- Factoring in medical conditions may make it seem as if you were impaired when that is not the case.
Can I Refuse a Field Sobriety Test?
Under Florida law, if a law enforcement officer believes you are driving under the influence, they may request a field sobriety test. You can refuse a breathalyzer test, but you cannot refuse a blood test under the state’s laws if law enforcement gets a warrant for the blood test. However, this can cause complex legal issues, and under the state’s laws, there are legal repercussions, including forfeiting your license for a full year, even if you are not convicted of impairment.
How Can a Florida DUI Lawyer Help with My DUI Charges?
Whether this is a first-time DUI or your second, a Florida DUI lawyer can provide you with exceptional legal insight and support as you navigate the case. Your attorney can help you in a variety of ways by providing legal advice:
- Help you navigate the legal system, including knowing your rights at every stage.
- Your attorney can help to lower your sentence in many situations.
- Provide you with help securing a plea deal. In some cases, probable cause is very significant, but the state may be willing to reduce your charges. If you are charged with multiple DUIs, a plea agreement becomes less likely.
Why Choose Darling Law
When a law enforcement officer pulls you over, runs a blood test, and asks a great many questions, it is common to feel overwhelmed. At Darling Law, you are not alone in dealing with the nuances of criminal law. Our attorney will help you use the law in the state of Florida to protect your rights.
With years of experience and a dedication to providing our clients with exceptional legal insight, we are ready to be there for you during this legal process. We are the defense attorneys you want on your side if you are facing criminal charges.
Testimonials
“Andrew truly cares about his clients and their case. I recently reached out to Andrew to help a close friend in an urgent case. The case had been dragged out for over 6 months. Within a week Andrew was able to help provide a great resolution and worked with the state to minimize the original felony charge to a misdemeanor! Great results and he has the best interests of his clients! Highly recommend!” — Jonathan M.
“Andrew Darling, from Darling Law helped me at my worst. He walked me through this process and even as embarrassing as it was he never made me feel bad! He is knowledgeable and friendly. I would highly recommend him!” — Dennisse L.
Don’t Let a DUI Keep You Off the Road.
Hiring a Florida DUI defense lawyer enables you to have access to the legal representation you need at this critical time. Call Darling Law now at (407) 329-8260 or fill out our contact form to learn more about how we can help you. Our legal team provides criminal defense and criminal justice legal services in Orlando, Tampa, Jacksonville, and the surrounding areas.
Frequently Asked Questions
In Florida, if you are facing a DUI arrest, you have just 10 days from the date of that arrest to protect your driver’s license. If you fail to act within that period of time, a 10-day immediate suspension goes into place. With court permission, you may only be legally allowed to drive to work and school. After those 10 days, the court will decide to revoke or suspend your license.
A DUI arrest can lead to serious outcomes for those convicted. Under Florida law, it is possible for the court to move forward with suspending your driver’s license. You can lose your license for up to six months, even if this is the first time you are facing impairment or related legal issues.
A person operating a motor vehicle must be able to do so in a safe manner. Those who have a high blood alcohol level, for example, are less likely to be able to engage in safe driving because the impairment makes it challenging to adjust to changing road conditions.
The same applies to marijuana – or other drugs. If any product gets in the way of your ability to operate a vehicle safely, you could receive a DUI – sometimes referred to as a DWI in Florida. Specifically, this may occur if the court requires a blood alcohol level test. If they do, and there is evidence of THC in it, that can lead to a charge of reckless driving or DUI.
If you are charged with a DUI or DWI and convicted, that could carry implications in a variety of ways. For example, if you are a commercial driver, a DUI issued by a police officer could lead to the loss of driving privileges. When this happens, you may no longer meet the requirements for doing your job, especially if you drive for a living. That could influence decisions about where you are hired as well. For example, if you have a criminal trial and suffer a conviction, an employer may not be responsible for maintaining your job for you.
DUIs stay on your record for 75 years in Florida. This is one of the longest laws in history. The state does not allow for DUIs to be expunged, and there is no sealing of DUI convictions from your criminal record.
Written By Andrew Darling
Andrew Darling is a dedicated attorney, husband, and father. He served in the U.S. Army, deploying to Iraq twice. He is the owner and lead attorney at Darling Law. He coaches youth football. His passion for coaching and mentorship have instilled in him a winning culture, which he brings to his legal practice.