Traffic - Areas of Practice

Orlando, Florida DUI Attorney

Experienced Defense for Driving Under the Influence Charges in Orlando and Central Florida

Have you or someone you care about been charged with Driving Under the Influende (DUI) in Orlando or in any other place in Florida? If so, you should contact our Florida DUI defense attorneys as soon as possible.

Orlando DUI Attorney Anton NaceIn many ways, 'Driving Under the Influence' or 'DUI' is one of the most interesting, and sometimes frustrating, offenses for a criminal defense attorney. There are many reasons for this. First, DUI is one offense, perhaps more so than any other, which tends to cut across all societal lines. Our DUI attorneys in Orlando have represented clients who were still in high school as well as those who have long since retired. Whether young or old, man or woman, rich or poor, most of us know, or are related to someone, who has faced a DUI charge. It is probably for that reason that people, once they find out what we do for a living, inevitably ask us questions about DUIs more so than about any other kind of case. These people want to know everything from whether or not they should take the breathalyzer, and whether or not they should submit to the field sobriety exercises. The Orlando DUI defense attorneys at Dicembre & Nace routinely handle 'Driving Under the Influence' cases throughout Central Florida.

Driving Under the Influence Offense

While it is not illegal to drink alcohol and drive while under the legal blood alcohol content limit of 0.08%, it is illegal to "drive under the influence”(DUI) or "drive while intoxicated" when a person's ability to safely operate an automobile or other type of conveyance is affected by alcohol or drugs.

Being under the influence of drugs or alcohol may affect a person's ability to correctly judge distances, react to emergencies while driving, perform basic maneuvers, or become aggressive drivers. All of which may give law enforcement probable cause to "pull you over" and/or conduct a search of your vehicle.

When a person has been arrested for a DUI Offense, they have 10 (ten) days from the date of arrest to request an administrative hearing with the department of motor vehicles. Contact our Central Florida DUI Defense Lawyer to allow us to fill out the necessary forms to request a temporary hardship permit.

DUI Defense in Florida

Getting a DUI charge dropped, dismissed, or obtain a verdict of "not guilty" may often hinge on a single detail. The attorneys at Dicembre Law will review all of the evidence and witness statements to find answers to these and other important questions:

  • Were the blood or breath test results accurate?
  • Were the breath test results compromised in any way?
  • Were field sobriety tests performed according to protocol?
  • Did the arresting officer have probable cause to pull over the vehicle?
  • Did the arresting officer report all details accurately?
  • Was the defendant exhibiting impaired driving?
  • Were the defendant's constitutional rights violated?

Florida DUI Penalties

In the State of Florida, DUIs are further complicated because they are one of the few misdemeanor offenses for which the law requires the imposition of specific mandatory minimum penalties. This means a judge, when someone is convicted of 'Driving Under the Influence' whether by entry of plea or by jury verdict, must sentence that person to the penalties required by law and the Court has no discretion to lower or lessen the sentence even if it is the Defendant's first offense. If you are charged with DUI in Orlando, Central Florida or any other place in Florida, it is highly recommended that you have an experienced DUI Attorney on your side.

Florida DUI 'minimum' penalties include:

  • An 'Adjudication of Guilt'
  • A Period of Supervised Probation (typically one year)
  • Minimum fine of $500.00
  • Completion of the D.U.I. Counter Attack School
  • Alcohol/Substance Abuse Evaluation and completion of treatment if recommended
  • Victim Awareness Program
  • Six Month Driver License Revocation
  • Fifty hours of Community Service
  • Ten day Vehicle Impoundment
  • Court Costs and, if applicable, Cost of Prosecution/Cost of Investigation
  • Potential jail or prison time
  • Forfeiture of property or assets

The above are simply the minimum penalties for first time DUI offenders in cases where no aggravating factors exist. If a defendant's breath test results are .150 or higher or if there was an accident, additional penalties, including the imposition of an 'Ignition Interlock Device' are required. Defendants who have had previous DUI convictions also face additional mandatory penalties and can even end up being charged in felony court.

In addition to the criminal penalties associated with DUI, someone accused of 'Driving Under the Influence' faces a license suspension from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which is totally separate from the criminal case and must be contested within the first ten (10) days of the DUI arrest.

Because someone accused of 'Driving Under the Influence' has to deal with both the criminal court system and the DHSMV and because of the mandatory penalties involved, the Orlando criminal defense attorneys at Dicembre & Nace recommend that anyone charged with 'Driving Under the Influence' within the Central Florida area, contact an experienced Orlando DUI attorney..

Contact our Orlando DUI Attorneys in Florida

How a DUI charge is resolved can have a significant and long term impact for you and your family. If you live in Orlando, Winter Park, Windermere or in any other place in Central Florida, and you have been charged with 'Driving Under the Influence', call the Orlando DUI Attorneys at Dicembre & Nace today for your free consultation. (407) 649-1999. You may also fill our online contact form and we will contact you back shortly. We will keep your information confidential.

 

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