Arrested for DUI in Orlando? Don’t Blow Your Chances. Know Before You Blow.
Experienced Orlando DUI Attorney Lee Lockett Can Help.
Facing a DUI charge in Orlando can be overwhelming. Don’t make the mistake of navigating this situation alone. Lee Lockett, a skilled and determined Orlando DUI attorney, is here to fight for your rights and protect your future.
What is a DUI in Florida?
In Florida, a DUI (Driving Under the Influence) is charged when your Blood Alcohol Content (BAC) is .08% or higher. There are also DUI charges for driving under the influence of drugs or a combination of alcohol and drugs.
Florida has various DUI classifications, each with increasing penalties:
- First Offense DUI: A first-time DUI with a BAC between .08% and .14% can result in driver’s license suspension, fines, and community service.
- Second Offense DUI: A second DUI offense within 10 years comes with harsher penalties, including longer license suspension, mandatory jail time, and increased fines.
- Subsequent Offense DUI: Multiple DUI offenses within a short period can lead to even stricter penalties, including felony charges.
- Felony DUI: A DUI causing serious injury or death can be charged as a felony, resulting in significant prison sentences, hefty fines, and permanent license revocation.
What Happens After a DUI Arrest in Orlando?
Here’s a general outline of what to expect after a DUI arrest in Orlando:
- Field Sobriety Tests (FSTs): Police officers may ask you to perform roadside sobriety tests. However, you have the right to refuse these tests in Florida.
- Breathalyzer Test: You may be requested to take a breathalyzer test. It’s crucial to consult with an attorney before submitting to this test, as there may be legal grounds to challenge its accuracy.
- Booking: If arrested, you’ll be booked and processed at the police station.
- Court Appearances: Your case will proceed through the court system, requiring appearances and hearings.
Florida DUIs and License Suspension: Understanding the Process
A DUI arrest in Florida often leads to an automatic suspension of your driver’s license. This can be a significant hardship, impacting your ability to work, run errands, and maintain your daily life. Here’s what you need to know about Florida DUI license suspensions and the options available:
- Immediate Suspension: Following your arrest, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may automatically suspend your license for 10 days. During this period, you can use your DUI citation as a temporary license.
- Formal Revocation: After the 10-day period, the DHSMV will initiate a formal revocation process based on the severity of your offense. Here’s a breakdown of potential revocation periods:
- First DUI (without injury): Minimum 6 months, maximum 1 year revocation.
- First DUI (with injury): Minimum 3 years revocation.
- Second DUI (within 5 years): Minimum 5 years revocation.
- Subsequent DUIs: Penalties become increasingly severe, potentially leading to permanent revocation.
Formal DMV Administrative Hearing
You have the right to challenge the automatic suspension within 10 days of your arrest by requesting an administrative hearing with the DHSMV. An Orlando DUI attorney like Lee Lockett can be instrumental in navigating this process. Here’s what the hearing entails:
- Presenting Your Case: Your attorney will argue for the reinstatement of your license or a hardship license, allowing you to drive for essential purposes like work or medical appointments.
- Burden of Proof: The DHSMV has the burden of proving probable cause for the suspension. Your attorney can highlight any weaknesses in the prosecution’s case.
Obtaining a Temporary License (Hardship License):
Even if your license is revoked, you might be eligible for a hardship license after a certain period (typically one year for a first offense). This restricted license allows driving for specific purposes with an Ignition Interlock Device (IID) installed in your car. The IID requires a breathalyzer test before starting the car, preventing driving under the influence.
Don’t Wait to Act:
The 10-day window to challenge the suspension is critical. Contacting Lockett Law immediately after a DUI arrest allows them to begin working on your defense strategy and explore the possibility of an administrative hearing or obtaining a hardship license.
Remember: This information is intended for general knowledge and doesn’t constitute legal advice. For specific guidance on your case, schedule a free consultation with Lee Lockett, a skilled Orlando DUI attorney, to discuss your legal options and the best path forward.
Why Choose Lockett Law for Your Orlando DUI Case?
Lee Lockett is an Orlando DUI attorney with a proven track record of success. He understands the complexities of Florida DUI laws and is dedicated to achieving the best possible outcome for his clients. Here’s what sets Lockett Law apart:
- Extensive Experience: Lee Lockett has extensive experience handling DUI cases specifically in Orlando, giving him a deep understanding of local procedures and courts.
- Aggressive Representation: Lockett Law will fight aggressively to protect your rights and minimize the consequences you face.
- Thorough Investigation: Our team will meticulously investigate every aspect of your case, uncovering any potential weaknesses in the prosecution’s evidence.
- Personalized Attention: We understand the stress of a DUI charge. Lockett Law provides personalized attention and clear communication throughout the legal process.
Know Before You Blow: Your Rights During a DUI Arrest
Here’s what to remember if you’re ever arrested for DUI in Orlando:
- Remain Silent: You have the right to remain silent and avoid answering any questions that could incriminate you.
- Request an Attorney: Immediately request to speak with an attorney. Lee Lockett can advise you on your rights and guide you through the legal process.
- Field Sobriety Tests: As mentioned earlier, you have the right to refuse FSTs in Florida. Don’t feel pressured to perform them.
- Breathalyzer Test: Consult with Lee Lockett before submitting to a breathalyzer test. Your attorney can advise you on the potential consequences and help you understand your options.
Legal Defenses to a DUI Charge in Florida
Being charged with a DUI can be frightening, but there may be legal defenses available to challenge the charges. Here’s an overview of some potential defenses in Florida DUI cases:
Challenging the Stop:
- Lack of Probable Cause: The police officer must have a valid reason to pull you over in the first place. If the stop was based on a hunch or weak suspicion, your attorney might argue for suppression of evidence obtained during the stop.
Questioning Field Sobriety Tests (FSTs):
- Improper Administration: FSTs must be administered correctly to be considered reliable evidence. If the officer failed to follow proper procedures, your attorney can argue that the results are inadmissible.
- Medical Conditions: Certain medical conditions can mimic intoxication symptoms. Medical documentation can support a claim that your performance on FSTs wasn’t due to impairment.
Disputing Breathalyzer Results:
- Device Malfunction: Breathalyzers require regular calibration and maintenance. If the device used in your case wasn’t properly maintained, the results could be challenged.
- Rising BAC: BAC can continue to rise for some time after consuming alcohol. An attorney may argue for a blood test to determine your BAC at the time of driving.
- Other Substances: Prescription medications or even certain foods can interfere with breathalyzer readings. Evidence of these factors can cast doubt on the accuracy of the test.
Other Defenses:
- Involuntary Intoxication: Unknowingly consuming a substance that impairs your driving can be a defense. This could involve being drugged without your knowledge.
- Chain of Custody Issues: Evidence, such as blood test samples, must be handled according to strict procedures. If there are any breaks in the chain of custody, the evidence might be excluded.
Important Note: This is not an exhaustive list, and the specific defense strategies applicable to your case will depend on the unique circumstances. Consulting with an experienced Orlando DUI attorney like Lee Lockett is crucial to determine the best course of action for your defense.
Remember: Do not attempt to navigate a DUI charge alone. Contact Lockett Law today to schedule a free consultation and discuss your legal options.
Contact an Experienced DUI Lawyer in Orlando, FL
Facing a DUI charge in Orlando can be overwhelming. Don’t let it define your future. Attorney Lee Lockett and our team of Orlando DUI defense lawyers are here to fight for you. With a deep understanding of local laws and a proven track record of success, we provide aggressive representation tailored to your specific case. Your freedom and reputation are at stake – time is of the essence. Contact us now for a confidential consultation and let us help you build a strong defense.
Orlando DUI FAQ
What are the typical fines for a DUI in Orlando?
Fines for a first-time DUI can range from $500 to $1,000, with harsher fines for subsequent offenses. Felony DUIs can incur fines exceeding $2,000.
How long can my license be suspended for a DUI?
License suspension for a first DUI can last between 6 months and 1 year. Repeat offenses and Felony DUIs can lead to longer suspensions or even permanent revocation.
Will I face jail time for a DUI?
While jail time isn’t mandatory for a first-time DUI, it’s a possibility. Subsequent offenses and Felony DUIs typically involve mandatory jail sentences.
What are DUI Schools and how long do I have to attend them?
Florida courts often require completion of DUI school programs after a DUI conviction. These programs can last anywhere from 12 hours to a year, depending on the offense.
What is an Ignition Interlock Device (IID) and will I need one?
An IID is a breathalyzer-like device installed in your car that prevents it from starting unless your BAC is below a set limit. IID installation is often mandated for DUI convictions, especially repeat offenses.
