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Orlando DUI Attorney - DUI Lawyer in Orlando - DUI Defense Lawyer David Haenel
Florida has some of the harshest DUI laws in the country. If you have had the misfortune to be arrested for DUI, don't think you will always get a fair hearing. People have been convicted for DUI even when they haven't been drinking. Florida's Law Enforcement Agency is determined to get a guilty verdict for DUI offenses and it takes an aggressive and equally determined Orlando DUI lawyer to make sure you get a just and fair hearing in court.
Many people who get arrested for DUI, especially if it is their first time, are rightly worried how it could affect their job and their family. It is best to talk to a knowledgeable and experienced DUI attorney in Orlando to discuss what happened during your arrest. The DUI process is quite complicated and any penalties which might be imposed do depend on a number of factors. At the worst, if you had more than a 0.15 blood alcohol reading when tested, you could face a mandatory prison sentence, although this is unusual for first time offenders. There will be a fine of up to $1000 and you will have to pay other costs, such as court costs, too. You stand to lose the most from a license suspension of up to 12 months and your insurance rates will take a hike as well, if you are convicted.
You really can't afford to have a DUI conviction hanging over your life, but the only sure way to not be arrested is to never drink and drive. Fortunately, if you have had a drink or two and have been caught, it doesn't mean you will automatically get convicted. Quite often, the procedures used in a DUI arrest are not followed correctly. This includes such procedures as the reason why you were stopped in the first place by a police officer. It includes the way you were tested and questioned by tbe side of the road. It also includes the highly controversial and often faulty breathalyzer tests which are supposed to reveal your blood alcohol level.
Experienced DUI attorneys in Orlando know what to look for in these procedures and can often challenge their validity.
The sooner you contact your Orlando DUI attorneys after being released from a DUI arrest in Orlando the better. A peculiarity of the DUI laws in Florida is that there are two sets of procedures set in motion. First, there is the administrative process, in which the DMV makes a decision about your driver license. This is independent of the DUI charge itself, which is handled by the courts. You are looking at a license suspension of between 6 to 12 months with the possibility of a "hard" suspension of 30 days. You can challenge a license suspension if you ask for a formal review in the first 10 days. You should talk to your DUI lawyer in Orlando about this as a new law brought in this July means that it is now easier to apply for a hardship license, but you have to give up any challenge to the license suspension.
There are several things which can determine how the court can punish you if you are convicted of DUI. First is your age. As it is illegal for minors to drink in Florida, the law states that any blood alcohol content over 0.02% will lead to a DUI charge if you are younger than 21. The legal limit in this state for adult drivers like everywhere else in the U.S. is 0.08, but the penalties get more severe if your alcohol test shows you had much more than that level. Even if you had less than 0.08 there is a possibility of being charged with DUI as the sobriety tests you would have taken when you were stopped can be used as evidence.
Lastly, if this is not the first time you have been charged with DUI, expect to be treated more severely. Every penalty is made harsher. You could be fined up to $5000. You could be jailed for 12 months. Your license may be suspended for 18 months and there will be other things you will have to face like DUI school, ignition interlock device fitted to your car let alone the affect on your insurance rates.
Don't despair if you have been arrested for DUI in Orlando, or anywhere else in Florida. An aggressive and skillful defense strategy by DUI attorneys Orlando can mean that the court is compelled to throw out the charges against you. If the conviction holds, your attorney may also be able to help you get a reduced sentence or just get your license back without a suspension. A DUI arrest is a serious business and your future depends on a sensible decision to get the best DUI legal representation available.
