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Orlando DUI Lawyers
- Adam Pollack:
If you are arrested in Florida , the
decision whether to answer any questions is entirely
your own. You should give this matter your careful consideration
because oral statements, as well as, written statements
will be received as evidence in court against you.
If you are offered any inducement to sign a document
or if you are threatened, coerced, or forced to sign
anything, advise your attorney immediately and the senior
police official in charge. If you do not have an attorney,
you may ask to see one immediately.
If you are unable to afford an attorney, you have a
right to be put in touch with the Public Defender immediately.
The Public Defender is a lawyer and is available to
give you important legal advice following your arrest.
If you are in doubt about whether you should talk with
the arresting officer or other law enforcement officers,
you should wait until you have spoken with an attorney
before giving up your right to remain silent.
When are you under arrest?
You are arrested when law enforcement officers take
you into custody or otherwise deprive you of your freedom
of movement in any significant way, in order to hold
you to answer for a criminal offense. This may include
producing your drivers license and the officer not giving
you the license back immediately.
Police officers, under Florida law, are obligated to
identify themselves and to advise you that you are under
arrest and why, unless circumstances make it impossible
for them to do so at that time.
You may, in fact, be under arrest even though no one
has actually used the word "arrest" or any
other comparable word. The fact that you have been deprived
of your freedom of movement in some significant manner
may amount legally to an arrest.
Ordinarily, private citizens do not have power of arrest
in Florida ; but under limited circumstances a private
party may make an arrest where an actual commission
of a felony is involved.
May a Law Enforcement Officer Detain You Without
Arresting You?
Based upon reasonable suspicion that
you may be involved in criminal activity, a police officer
may require you to identify yourself and explain your
presence at a particular time, without arresting you.
Under Florida law the officer may not remove you from
the immediate vicinity without making an arrest, unless
you voluntarily accompany the officer to some other
location.
If the officer has reasonable grounds to believe that
you are armed, he or she may conduct a limited pat-down
of your outer garments for the purpose of detecting
weapons. If this "frisk" results in reasonable
belief on the part of the officer that you are carrying
a weapon, the officer may remove the suspicious object
for protection. The officer must return to you any unlawful
object found unless the officer places you under arrest.
Unless the officer places you under arrest, the frisk
or search must be limited to suspected weapons.
The officer may ask you some questions in order to complete
his field interrogation card. You have a constitutional
right to not answer them, or give your name, unless
the officer has an articulable suspicion that you are
involved in a crime. Note, this is not a mere hunch.
At the conclusion of this temporary detention the officer
must either arrest you or let you go.
If you should enter a retail establishment where goods
are placed on display and for sale, the merchant or
his employees may detain you on the premises for a reasonable
time for questioning if they have probable cause to
believe that you have stolen or have attempted to steal
goods for sale. Under such circumstances a police officer
called to the scene may make an arrest for shoplifting
even though the alleged offense was not committed in
his presence.
When May You be Arrested With a Warrant?
A police officer may arrest you at any time if he has
a warrant for your arrest, or if he knows that a warrant
for your arrest has been issued.
A warrant is an order issued by a court charging that
you committed a particular crime and directing the sheriff
and all police officers of the state to arrest you and
bring you before the court. You may require the officer
to read the warrant after you have been arrested.
An arrest warrant should not be confused with a search
warrant.
When May You be Arrested Without a Warrant?
In Florida , a police officer may make an arrest without
a warrant under a variety of circumstances. Among those
circumstances are:
1) when the officer knows that a warrant for your arrest
has been issued and is still in effect even though the
warrant may be held by another police officer;
2) when the arresting officer has good reason to believe
that a felony has been or is being committed and that
you are the person who has committed or is committing
the felony.
A felony is a crime which is punishable by death or
by imprisonment in the state penitentiary for a term
of years. Examples of felonies include the more serious
crimes such as murder, sexual battery, robbery, burglary,
sale of narcotics, as well as grand larceny, keeping
a gambling house and many others;
3) when a misdemeanor is committed in the presence of
the officer.
Under Florida law, there are a few specified misdemeanors
for which an arrest may be made without a warrant, even
when not committed in the presence of the arresting
officer. These exceptions to the general rule are shoplifting,
carrying a concealed weapon other than a firearm, possession
of not more than twenty grams of marijuana and a few
others.
What Force May the Officer Use in Making an
Arrest?
The officer may employ all reasonable and necessary
force to overcome resistance in making a lawful arrest.
The legality of the arrest has nothing to do with whether
or not you are ultimately convicted. As long as the
officer has reasonable grounds for making the arrest
at the time for the arrest, you cannot claim later that
the arrest was unlawful merely because you were found
not guilty.
Resisting arrest with violence is a felony under Florida
law. Resisting arrest without violence or offering to
do violence is a misdemeanor. You could be convicted
of either of these crimes, even if you were found not
guilty of the crime for which you were arrested.
Obstructing an officer in his duty with violence is
also a felony under Florida law. Obstructing or interfering
with an officer in the performance of his or her duty
without violence is a misdemeanor.
If you believe that your rights are being violated,
make it a point to remember exactly what the police
officer did and then advise your attorney concerning
this at the earliest possible time.
When May You be Searched?
While the law of search and seizure is very complex,
and often will depend on the facts and circumstances
in a particular case, you should not resist a search
with force; however, neither should you consent to an
improper search. If you do object to a particular search,
advise the officer who is conducting it that you do
not consent, that you do object to the search and ask
him or her to identify himself.
In most cases involving search and seizure issues, "reasonableness"
of the search is the legal test without a search warrant.
If police officers arrive at your premises armed with
a search warrant, they may search only that area or
portion authorized in the warrant itself. You are entitled
to have a copy of the search warrant left with you and
served on you if you are present.
If you are arrested in your home, the officers may conduct
a limited search of the immediate area where you are
arrested without a search warrant. They also may check
the rest of the house for any hidden accomplices. They
may seize any contraband, stolen property, instrumentalities
or evidence of a crime that they discover in plain view
in any portion of the house where the officers have
a right to be.
Your automobile may also be impounded and inventoried
if there is no qualified licensed driver or towing agent
to take charge of it. If an officer is about to impound
your car, tell him if you have a relative or friend
who will come and get it, or that you have a preference
of your own station to tow your car.
What Procedures Are Usually Followed When You
are Arrested?
The officer will take you to a police station.
You will be advised generally as to the charges against
you. However, these charges may be changed later and
stated in more detail by the office of the prosecuting
attorney or in some instances by the grand jury.
You may be required to participate in a lineup, to prepare
a sample of your penmanship, or to speak phrases associated
with the crime with which you are charged, to put on
certain wearing apparel or to give a sample of your
hair. You should ask to have your attorney present during
any of these procedures. You have an absolute right
to counsel, if you are asked to participate in a lineup
after you have been formally charged by the
prosecuting attorney or indicted by a grand jury.
You also may be required to be fingerprinted and photographed.
You will be arraigned at a court session or your attorney
will file a written plea on your behalf. An arraignment
is no more than a plea of guilty, not guilty or no contest
to the charge. If you plead not guilty, a trial date
will be set. If you plead guilty or no contest, a sentencing
date will be set, generally after the court has received
a pre-sentence investigation report from probation and
parole.
What Happens to Personal Property You May
Have With You?
If you should be booked into a jail, the police may
take money and property from you for safekeeping. They
will carefully inventory your money and property and
give you a copy of the inventory.
At the time of your release or at the conclusion of
your case, such money or property that was not seized
as evidence in the case will be returned to you. You
will be given an opportunity to sign the property list.
You should make certain that the list includes all the
items taken from you.
What Are Your Rights After You Have Been Arrested?
You have a right to know the crime or crimes with which
you have been charged.
You have a right to know the identity of the policemen
who are dealing with you. This is your right by statute
and by custom.
You have the right to communicate by telephone with
your attorney, family, friends, or bondsman as soon
after you are brought into the police station as practicable.
The police have a right to complete their booking procedures
before you are allowed to use the telephone.
You have the right to be represented by counsel at all
critical stages of your case. Importantly, you have
the right to have a meaningful initial appearance before
a judge within 24 hours of your arrest. At this initial
appearance, the judge must determine whether probable
cause exists for your arrest and if probable cause exists,
then set a reasonable bail in most instances. If you
cannot afford an attorney, the court will appoint an
attorney to represent you free of charge, if you qualify
under existing criteria as an insolvent person. This
right pertains to any offense, however, trivial, for
which any imprisonment whatsoever might result.
Constitutional rights may be waived or given up
voluntarily. Before you say or sign anything that might
result in waiver of a constitutional right, weigh your
decision carefully.
What Rights Do You Have When You are Questioned
By The Police?
You have the right to remain silent.
If you choose to speak, anything you say can be used
against you in court.
If you decide to answer any questions, you may stop
at any time and all questioning will cease.
You have a right to consult with your attorney before
answering any questions.
You have the right to have your attorney present if
you decide to answer any questions, and if you cannot
afford an attorney, one will be provided for you or
appointed for you by the court without cost to you before
any further questions may be asked.
- David Glicken:
Whether you were arrested for Driving Under the Influence (DUI), a felony, misdemeanor, or another criminal incident, we stress the importance of contacting an experienced criminal defense lawyer as soon as you are arrested and charged.
- Skubiak and Rivas:
You have a limited number of opportunities to elect to take traffic school.
- Mark Bender:
If you are arrested for drunk driving in Florida, you will be held in jail for a minimum of eight hours and your license will be suspended on the spot. If you are convicted of a DUI, you face serious and potentially life-changing consequences, including DUI education classes, fines, the possibility of six months in jail for a first offense, extended loss of your license, vehicle impoundment, and other DUI penalties including high insurance costs which can affect your ability to earn a living and meet your family obligations.
- Longwell and Gentle:
There are some important things you should know if you have been charged with a DUI / DWI. First, a DUI / DWI is a criminal charge that carries mandatory penalties if convicted, including fines, probation, alcohol counseling, community service, the loss of your driver license, the impoundment of your motor vehicle, and even jail (in some cases). By acting quickly to obtain proper representation, you may be able to avoid or minimize the impact of a conviction and the resulting penalties.
Additionally, the Florida Department of Highway Safety and Motor Vehicles may automatically administratively suspend your license, if you had a breath test result above .08 or refused to take the breath test. If so, it is important that we act within (ten) 10 days of the DUI / DWI incident, in order to challenge the suspension of your license.
- Mark Horwitz:
A drunk driving conviction in Florida, which is sometimes referred to as driving under the influence (DUI) or driving while intoxicated (DWI), affects a person and his or her family in a number of different ways including:
- Ability to obtain financial aid if you are a student
- Alcohol assessment and treatment
- Community service and probation
- Criminal record
- Fines and increased insurance rates
- Job loss
- Mandatory jail or prison sentence
- Suspension or revocation of driver license
- Vehicle immobilization or forfeiture
DMV License Suspensions
In Florida, if you have been arrested for DUI and your breath test result was .08 or higher, or if you refused to take the breath test, the arresting officer probably took your driver's license from you. You have only 10 days from the date of arrest to request a formal review hearing with the Department of Motor Vehicles to contest your immediate license suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for a period of 6 months, 1 year, or 18 months, depending on your specific circumstances.
It is important to contact an Orlando DUI lawyer within that 10-day period to discuss what applies to your case. We can apply for the formal review hearing on your behalf and obtain a hearing date and a temporary permit to drive. You have only 10 days to drive after you are arrested (using your citation as a driving permit) unless you request this hearing.
- NeJame, LaFay, Barker, Quintana, Tumarkin & Cina:
Driving under the influence of an alcoholic beverage is
a serious offense in Florida
and its defense may be challenging.
If you are charged with DUI in Florida:
- You will be kept in jail for at least 8 hours
- Your license will be suspended immediately
- If your license was valid at the time of the incident,
you will be allowed to drive with your DUI ticket for the
next 10 days.
- You have 10 days from the day of the incident to get
your drivers license back
- A temporary permit may be obtained to allow you to drive
for up to 45 days until your hearing date.
Being convicted of Driving Under Influence (DUI) in Florida
has the following serious legal consequences (for first-time
offenders):
- DUI school
- Up to 6 months in jail
- Suspension of your driving privileges for at least 180
days and up to one year.
- Not less than 50 hours of community service
- Not less than $250 or more than $500 fine plus court
costs
- Not more than one year probation
- Victim awareness program
- Vehicle impoundment
- Permanent DUI conviction on your record for life, which
means criminal record
Fighting a DUI case
requires special skills, extensive legal knowledge and
a lot of experience in
the criminal justice system.
- Charles Taylor:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
- Jaeger & Blankner:
Having
been arrested for DUI, you will now be making some of the most important
decisions of your life.
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What
will happen to me in court?
-
Is
there any way to save my driver's license?
-
Will
an attorney be able to help me?
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Can
I afford an attorney?
-
I
failed the breath and field tests. How can I plead not guilty?
Breath
tests are suppressed for a variety of reasons:
-
The
machines have been modified or improperly certified.
-
Maintenance
was improper, incomplete or did not follow FDLE rules.
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Use
of non-approved software, pressure switches, sample chambers or e-proms.
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Solvent
exposure: varnishes, paints, mouthwash, breath freshener.
-
Did
you burp or hiccup during the 20-minute observation period?
Field
tests may not be admissible in court as scientific tests. These tests
may be invalid for a variety of reasons unique to you:
-
You
were tired, nervous and/or upset.
-
You
have physical limitations: bad back, flat feet, arthritis, weak knees,
etc.
-
Studies
have shown that non-drinking subjects fail these tests over half the
time.
Warning:
Effective July 1, 1995 The DUI Law Has Changed
If eligible, your DUI ticket serves as your temporary work permit for
30 days. Unless
you file for a Formal Review with DHSMV within ten (10) days of your
assessment you will not be allowed to drive
for any reason whatsoever for 30 or 90 days following the expiration
of that temporary permit.
- Zachary Stoumbos:
In a 2001 case, the U.S. Supreme Court considered whether the custodial arrest of an individual committing a minor traffic offense without a warrant constituted an unreasonable seizure in violation of the Fourth Amendment. Ultimately, the Court held that warrantless misdemeanor arrests are not unreasonable under the Fourth Amendment if based upon probable cause.
Specifically, the defendant in Atwater v. Lago Vista was arrested without a warrant for violating a Texas law that required front-seat passengers and small children riding in the front of a car to wear a seatbelt. Upon observing that the defendant was driving with her two small children in the front seat, all without a seatbelt, the police officer in the case pulled the defendant over and arrested her. In upholding the arrest as valid under the Fourth Amendment, the Court reasoned that the arrest was reasonable because the officer had probable cause to believe that the defendant had violated the law.
- Mosley & Mosley:
The exclusionary rule bars law enforcement from using evidence in jury trials that was seized in violation of the Fourth Amendment's provisions against unlawful searches or seizures. However, in carefully defined circumstances, numerous exceptions to the exclusionary rule permit otherwise unlawful searches or seizures. Under the "good faith exception," evidence obtained from a search or seizure subsequently determined to be unlawful may be used if a reasonably well trained police officer would have believed that the search was lawful.
- Grady Ayers:
The hiring of an attorney is an important decision and should not be based solely upon advertisements.
- Florida Trial Group:
Under Florida law, a DUI charge can be proven in one of two alternative ways:
1. The State can prove that your normal faculties were impaired, or
2. The State can prove that you drove with an unlawful blood alcohol or breath alcohol level of .08 or above.
Regardless of the manner in which the offense is proven, the penalties upon conviction are the same. Additionally, DUI penalties increase based on the frequency of DUI convictions and the severity of your current DUI offense. Therefore, it is extremely important that if faced with a DUI charge, whether your first or a subsequent charge, that you fight it using every legal defense available.
- Rathel Law Group:
Being charged with a DUI in Orlando, Florida is a serious problem.
There have been many changes in the DUI laws over the past few
years which could affect the defense of your case.
- Travis Williams:
DUI-
A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
a. The person is under the influence of alcoholic beverages, any controlled substances set forth in 871.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
b. The person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (C) The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 milliliters of breath.
- James Campbell:
The hiring of a lawyer is an important decision that should not be based solely upon advertisement.
- Elaine Barbour:
If you or a loved one have been the subject of an arrest or criminal investigation, you should consult with an attorney immediately.
- Robert Branson:
There are certain general things you should always know when you are dealing with policing authorities. They are doing their job. While it may seem unfair to you and I, they are not your friends and anything you say can and will be used against you. Therefore, donıt talk to them other than to establish who you are. Do not consent to any search. This is not the time to explain why ³this is all a misunderstanding². Merely cooperate and as soon as possible, set and keep an appointment so you can hire an attorney. There are approximately 2 MILLION people in America kept in jails, prisons and other confinements. This is the highest incarceration rate in the world and you do not want to be a part of that statistic. If you think waiting at a doctor or a lawyerıs office is irritating, imagine waiting in a cell. I can guarantee few things in life, but this will have an adverse impact on oneıs social calendar.
- Wilfred Calerro:
There are bad stops! There are many things that you need to do before appearing in front of a judge.
- David Hill:
ou may request a review of the driver`s license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.
- Faulkner & Pollock:
You may need the protection. Do not hesitate to contact an attorney so that you may be advised of your rights and options.
- Richard Hornsby:
DUI is one of the most burdensome offenses an otherwise law abiding person can face. If you have been arrested for DUI, you likely have many pressing questions; Will you lose your drivers license? Will you be sent to jail? Can I beat the charge?
- John Guidry:
A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
- Shon Doutre:
Florida uses old, antiquated, unreliable, Intoxilyzer Breath testing devices. Many are ten or more years old. The technology is from the 50s and 60s! In fact, the factory warranty on them is only 90 DAYS! The manufacturer states in its warranty that the machines are NOT warranted to be for ³any particular fitness or purpose² for which they are designed. Hence, they are saying that these machines are not warranted to be used for the particular purpose they were designed for. The public would be appalled and sickened if they knew just how breathalyzers operate and how they consistently are used place people in jail. At best, they are merely screening devices and should not be relied upon in a court of law, especially a criminal court were people go to jail based on this type of evidence. They are crude and highly inaccurate pieces of equipment that should be replaced by new technology that can detect with precision a personıs alcohol level.
- Perla & Associates:
Such charges can have serious consequences. A DUI conviction can result in fines and possible jail time. Your auto insurance rates can go up, and you may lose your license. We will protect your rights and vigorously defend you.
- Marc Lubet:
DUI - DWI
Defense—A cultural stigma has become associated
with drunk driving that was not present in our society even a decade
ago. Public perception categorizes people charged with drunk driving as
criminals, even before they have been convicted of any crime. Being
arrested for drunk driving, driving under the influence (DUI), or
driving while intoxicated (DWI) can be a scary proposition. A DUI - DWI
conviction in Florida carries with it heavy penalties,
including: - A permanent criminal record
- Suspension or
loss of license
- Increased insurance rates
- Community
service
- Possible jail or prison time
- Alcohol assessment
and treatment
- Probation
- Vehicle immobilization or
forfeiture
- Serious fines
- Possible job
loss
If you have been arrested or accused of drunk driving,
DUI, DWI, vehicular homicide, or any other alcohol-related criminal
traffic offense, you are probably frightened, confused, and concerned
about your future and that of your family. The selection of an
experienced attorney is the first step towards regaining control of
your life. Back to
top
- Susan Barnes:
You are arrested when law enforcement officers take you into custody or
otherwise deprive you of your freedom of movement in any significant
way, in order to hold you to answer for a criminal offense.
Police officers, under Florida law, are obligated to identify
themselves and to advise you that you are under arrest and why, unless
circumstances make it impossible for them to do so at that time.
You may, in fact, be under arrest even though no one has actually used
the word "arrest" or any other comparable word. The fact that you have
been deprived of your freedom of movement in some significant manner
may amount legally to an arrest.
- William Umansky:
It is important that you preserve your rights while protecting your
reputation, regardless of the offense.
- Eric Dirga:
any times clients ask why we charge legal fees the way we do. I always
tell them that they have to understand the implications of what the
most minor conviction on their record has on their life. Loss of a job
or job opportunity - loss of the ability to receive certain student
loans - loss of civil rights in some cases. Many times a conviction
requires the Department of Highway Safety and Motor Vehicles to suspend
your license! Think about how much money you can lose by not defending
yourself with an Attorney?
- Andrew Cameron:
Challenges to the State's evidence of your impairment may take the form
of pretrial motions. Before deciding whether to enter a plea or proceed
to trial, your attorney can review the State's case, including witness
statements, charging affidavits, audio and video tapes, and physical
evidence, in an effort to determine whether any of your constitutional
rights have been violated in collecting evidence against you. Your
lawyer may then ask the Court to consider whether evidence collected
against you in violation of your rights should be suppressed or kept
from the jury hearing your case.
- Horwitz & Fussell:
The breath test, in theory, works by measuring the amount of alcohol in
your breath and then converting that figure to the amount of alcohol in
your blood. In doing so the state utilizes a the scientific principle
that there is a mathematical relationship between the concentration of
alcohol in a person's blood and the concentration of alcohol in that
same person's breath.
- Orlando
Attorneys
If you have been charged with DUI, a change in the law in effect since
July 1,1995, may have a dramatic effect on you. The Department of
Highway Safety and Motor Vehicles is imposing "hard suspension periods"
on all DUI offenders who have a blood alcohol level of .08% or above or
who refuse to submit to a chemical test of their breath. The effect of
the law is that all DUI offenders will lose their privilege to operate
a motor vehicle in Florida for 30 to 90 days without any hardship or
business purpose license.
- Robert Trimble:
Have you been arrested? Discuss your case with an experienced Criminal Defense Attorney prior to making decision that may affect your future.
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