Driving Under the Influence – DUI Attorney Orlando
DUI is a criminal traffic offense that carries serious consequences. DUI can be charged as a misdemeanor, or as a felony for certain subsequent offenses. Collateral consequences of DUI can include suspension or revocation of your driver’s license. DUI is a complex area of law for which you should seek the advice of an attorney.
How the State Proves DUI
The State can prove DUI based on:
(1) subjective allegations that you were too impaired to drive, or
(2) objective allegations that your breath or blood alchohol level was over the legal limit.
Know the Stakes
DUI can be a misdemeanor or a felony depending on the circumstances. DUI allegations can have both civil and criminal consequences. A DUI conviction will be on your record and can appear in criminal background checks. As a result, a DUI could interfere with things like employment, renting an apartment, and obtaining credit. DeVoe Law Firm can help you identify legal issues that may result in reduced charges, a better plea offer, or the dismissal of your DUI.
DUI is punishable by up to a year in the county jail as a misdemeanor and by more than a year in state prison as a felony. Minimum and maximum penalties depend on factors such as whether you have any prior offenses, whether there was an accident or injury, your level of intoxication, and what the judge believes is appropriate in your case. In addition to incarceration, penalties could include probation, community service, drug and alcohol evaluation and treatment, classes, substance abuse counseling, installation of an ignition interlock device on your vehicle, impoundment of your vehicle, suspension or revocation of your driving privilege, and expensive fines.
Administrative License Suspension
Your driving privilege will be suspended pursuant to a separate administrative action if you refuse to submit to a breath test or if it is determined that you were driving with an unlawful blood or breath alcohol level. This suspension is civil in nature and is different from any suspension that the court may impose in your criminal case. An administrative license suspension usually begins when law enforcement seizes your driver’s license at the time of the DUI arrest.
You will receive a 10 day temporary driving permit after law enforcement siezes your driver’s license. You may request an administrative review hearing to challenge the administrative suspension of your driver’s license. This hearing must be requested within 10 days of the DUI arrest date. Additional time limits apply.
Get an Attorney
Deadlines in the criminal case and the administrative hearing process can be quick, so time is of the essence. There are a variety of legal defenses that should be considered in a DUI case and an administrative suspension case. DeVoe Law Firm can give you answers about the issues you are facing. Call DeVoe Law Firm for a free initial consultation to discuss your case.