Orlando DUI Attorneys

Understanding DUI Charges in Orange County, FL: Alcohol & Drugs

Driving under the influence of alcohol or drugs (DUI) is a serious crime in Florida. The state treats DUI offenses with considerable severity and often pursues the harshest penalties to serve as a deterrent. If you or someone you care about has been charged with DUI, you must reach out to a criminal defense attorney with experience handling DUI cases. As former state prosecutors, our Orlando DUI defense attorneys are familiar with strategies used by the prosecution in these cases. For this reason, we encourage you to contact our firm for counsel right away.

At Ali & Blankner, we understand the complexities of DUI cases and the emotional and financial stress they cause our clients. Whether you are facing alcohol or drug-related charges, our team is prepared to provide a strategic defense to protect your rights. Our approach to every case is proactive, and we work diligently to ensure that every detail is meticulously examined, giving you the best possible chance of a favorable outcome.

To speak with our experienced Orlando DUI lawyers, call us at (407) 753-1312 or contact us online today.

Understanding OUI, OVI, and DWI Laws in Orlando

In addition to traditional DUI offenses, Florida recognizes other types of impaired driving laws such as OUI (Operating Under the Influence), OVI (Operating a Vehicle under the Influence), and DWI (Driving While Intoxicated). These laws are intended to address the full spectrum of impaired driving scenarios on Florida’s roads. OVI and OUI charges may involve situations where an individual is accused of operating a motor vehicle while impaired by alcohol, prescription medication, or other controlled substances. The nuances of these laws can be challenging to understand, particularly because the terminology and specifics may differ from one jurisdiction to another in Central Florida, such as Orange County or Seminole County courts.

The consequences for OUI or OVI convictions in Orlando can be as severe as those for standard DUI offenses. Penalties might include substantial fines, mandatory driving courses, driver’s license suspension, and even jail time. It is critical for anyone facing these charges to consult with a qualified DWI defense attorney in Orlando who is experienced with Florida laws and procedures.

Local drivers can benefit from working with a DUI lawyer in Orlando familiar with the practices of local courts, such as the Ninth Judicial Circuit Court of Florida:

Up-to-date knowledge of court requirements and documentation
Working relationships with area prosecutors and law enforcement
Strategic understanding of local plea options or diversion programs

If you have been arrested for any impaired driving charge—including OUI, OVI, or DWI—in Florida, contacting a local attorney can improve your ability to understand your rights and prepare a thorough defense. A one-on-one consultation can help you decide the next best step for your case and address any immediate legal concerns about your driving privilege or court obligations in the Orlando area.

Local DUI Checkpoints & Roadblocks in Orlando

DUI checkpoints are designated areas where law enforcement officers stop vehicles to check for intoxicated drivers. These checkpoints are legal in Florida, including Orlando, as long as they follow specific guidelines set forth by the state Supreme Court. The purpose of these roadblocks is to deter impaired driving and ensure public safety on the roads. Typically, checkpoints are set up during times when DUI rates are expected to be higher, such as during holidays or major local events. Understanding where and when these checkpoints occur can benefit Orlando drivers in avoiding possible DUI charges. Our firm stays informed about local checkpoint schedules to better assist our clients. Being aware of these locations not only helps you avoid unnecessary stops but also ensures you are driving responsibly.

At Ali & Blankner, we frequently encounter clients who have been stopped at these checkpoints. Our familiarity with the procedures followed during these stops enables us to examine the validity of the checkpoint process. A key element of contesting any resulting charges is scrutinizing the enforcement tactics used and ensuring they adhere to the law. If any procedural errors occur during stops, it could be pivotal to your defense strategy. We are committed to uncovering any inconsistencies in the procedure and leveraging them to protect your rights. Our goal is not only to identify mistakes but also to use them advantageously to challenge any improper charges.

Comprehensive Approach to OWI/OVI in Orlando

While DUI often involves alcohol, offenses such as Operating While Intoxicated (OWI) and Operating a Vehicle under the Influence (OVI) also encompass impairment from drugs—legal, illegal, or prescription. In Orlando, the laws governing OVI and OWI focus on detecting and prosecuting impaired driving caused by substances beyond alcohol. These include marijuana, prescription medications, and illicit drugs. The detection of these substances can be more challenging for law enforcement, which is why specialized training and testing, such as blood tests or drug recognition professionals, are utilized. Drivers need to understand both the legal limitations of substance use and the penalties involved. While breathalyzers are commonly associated with alcohol detection, other forms of testing are necessary for drug evaluation.

Our firm understands the complexities associated with OWI and OVI charges, especially those involving prescription medications. Many Floridians rely on medications for health management, and these can sometimes impair driving without intention. Knowing this, our team at Ali & Blankner meticulously evaluates each client’s situation to determine the safest and most effective approach. We ensure that any legal substances contributing to impairment are justifiably presented to reduce potential charges. By studying local trends and staying updated on legal rulings around drug DUIs, we build robust defense strategies that are informed and effective, thereby diligently protecting our clients’ rights and freedoms.

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What to Know if You Are Arrested for DUI in Orlando

When you are arrested for or charged with DUI in Florida, several things happen. First, you will face criminal penalties, including possible jail time and steep fines. You will also face certain administrative penalties, including automatic driver’s license suspension.

If you are arrested for DUI in Florida, here are the main things you need to know:

Your driver's license will automatically be suspended
A DMV suspension stays on your driving record for 75 years
You have 10 days to request a DMV hearing to keep your driving privileges
Your license can be revoked for 6 months to several years, up to permanent revocation

Beyond the immediate actions taken by law enforcement, it's vital to be proactive in securing legal representation. A knowledgeable DUI lawyer in Orlando can provide invaluable guidance through the legal process, potentially minimizing severe repercussions. Understanding the breathalyzer tests and ensuring they were conducted properly can have a significant impact on your defense. Additionally, recognizing the difference between criminal and administrative penalties allows for better preparation and strategy formulation. Florida’s zero-tolerance policy, particularly for drivers under the age of 21, makes experienced legal advice even more critical.

Florida DUI Laws

In Florida, as in all 50 states, it is illegal to operate a motor vehicle under the influence of alcohol and/or drugs. This is known as DUI, and it is punished harshly by law enforcement and prosecutors.

The law applies to all types of motor vehicles, including automobiles, commercial vehicles, boats, and more. Additionally, even if someone is not actually operating a motor vehicle at the time of arrest but is found to have a reasonable capacity to do so, such as sitting in the front seat of a parked vehicle with the car turned off but the keys in the ignition, could be charged with DUI.

In Florida, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of:

0.08% – all non-commercial drivers 21 and over
0.04% – all commercial vehicle drivers 21 and over
0.02% – all drivers under the age of 21

Additionally, you can be charged with DUI if your BAC is below the legal limit, but the police officer believes you to be intoxicated or impaired to the extent that you do not possess normal faculties.

Understanding Florida's DUI laws is crucial for any driver in the state. Being familiar with the legal and procedural differences between DUI related to alcohol versus drugs can aid your defense strategy. This includes knowing how prescription medications might influence your ability to operate a vehicle safely. It's also essential to understand the implications of refusing a chemical test, which can lead to further penalties independent of criminal charges. Our team at Ali & Blankner is equipped to navigate these complexities, ensuring that each client receives detailed guidance tailored to their unique situation.

Weather-Related DUI Risks in Orlando

Orlando's weather, particularly during the rainy season, can exacerbate the risks of driving while impaired. Wet roads increase stopping distances and reduce traction, making it more dangerous for impaired drivers to navigate the streets safely. Coupled with impaired judgment from alcohol or drugs, these conditions can lead to a higher incidence of accidents and DUIs. Orlando residents must understand how weather conditions influence driving safety and DUI charges. During weather-related traffic stops, law enforcement may be particularly vigilant in looking for impaired drivers due to the increased risk factors.

To manage these risks, drivers should plan their journeys considering both the weather forecast and their physical condition. At Ali & Blankner, we advocate for informed driving decisions and emphasize the significance of recognizing and dealing with impairment from substances. If faced with DUI charges during adverse weather, understanding these added defensive elements can be crucial. Our experienced DUI attorneys integrate these aspects into your defense to ensure a complete understanding of all influencing factors is presented in court.

What Are the Penalties for DUI in Florida?

The penalties for DUI in Florida depend on certain factors, such as whether you have been convicted of DUI before, whether there were any children in the vehicle at the time, and whether you allegedly caused an accident that resulted in injury to or the death of another person (vehicular manslaughter).

Below is a general overview of the possible penalties you could face if you are charged with:

First-Time DUI: Up to 6 months in jail, $500 to $1,000 in fines, driver’s license revocation of 180 days to 1 year, and possible installation of an ignition interlock device (IID) for up to 6 months
Second-Time DUI: Up to 9 months in jail, $1,000 to $2,000 in fines, driver’s license revocation of 180 days to 1 year, and IID installation for up to 2 years
Third-Time DUI: Up to 12 months in jail, $2,000 to $5,000 in fines, driver’s license revocation of 180 days to 1 year, and IID installation for up to 2 years

Other possible penalties include probation, community service, vehicle impoundment, and more. A third-time DUI is charged as a felony and may come with harsher penalties if certain enhancements are present. For example, if you are convicted of a third DUI offense within 10 years of a prior DUI conviction, you could spend up to 5 years in jail and have your driver’s license revoked for 10 years.

Additional penalties that often result from a DUI conviction include:

Probation
Community service
Participation in substance abuse treatment programs
Vehicle impoundment

If you can’t find the answers you’re looking for on our website, or if you are seeking information specific to your case, do not hesitate to contact Ali & Blankner and set up an appointment with one of our Orlando DUI defense attorneys.

In addition to the standard penalties, the repercussions of a DUI can extend beyond the courtroom. The impact on personal and professional life includes potential job loss, difficulty in securing future employment, increased insurance rates, and social stigma. It's also crucial to be aware of diversion programs that may be available for first-time offenders, which focus on rehabilitation over punishment. Understanding the benefits and limitations of such programs can significantly influence your decisions and potential outcomes. Our first offense DUI attorney in Orlando is committed to helping you navigate these options, providing clarity and support throughout the process.

What Is the Florida DUI 10-Day Rule & Why It Matters

You have 10 days following an arrest for DUI, or drunk driving, to take action to stop the automatic suspension of your driver's license. You must request a hearing within 10 days of being arrested for DUI, or your driver's license will be suspended for a period of six months or more.

Driving under the influence of alcohol or drugs (DUI) can have life-altering consequences for all involved parties. Even if you were driving alone and caused no injury or property damage, a driver under the influence of alcohol or drugs faces serious legal penalties if arrested. This is especially true in Florida, where DUI laws and penalties are among the toughest in the nation.

It is important that you act quickly and reach out to our team at Ali & Blankner right away. We need to discuss a counterattack, as well as how to defend your driver's license and what happens at a DHMSV hearing. Get in touch with us today to set up an appointment with our team.

The Florida DUI 10-Day Rule is crucial for protecting your driving privileges. Failing to act within this window can lead to long-term consequences on your ability to drive, impacting your daily life, work, and responsibilities. Understanding what the DHSMV hearing entails and how it differs from criminal court hearings can make a significant difference in your preparation. This administrative hearing focuses solely on your license status, making it a pivotal point in your defense strategy. Our team is prepared to offer detailed guidance, ensuring that every aspect of your defense is robust and timely executed.

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How Ali & Blankner Can Help with Your DUI Defense

Our firm is recognized as one of the area’s leading DUI defense law firms. We have handled well over 100,000 cases, successfully achieving the results our clients needed countless times. Our goal is to not only help you protect your rights and navigate the criminal justice system but also to serve as a source of information, guidance, and counsel throughout the entire process.

Click the link below for more information and access to some of our DUI defense resources:

Ali & Blankner take a comprehensive approach to DUI defense, recognizing that every client’s situation presents unique challenges and opportunities. From the onset, we conduct a thorough investigation of the circumstances leading to your arrest, including a detailed review of police reports, witness statements, and any available video footage. Our team stays updated on the latest legal precedents and defense strategies to effectively counter the prosecution's case. We also provide consistent communication to keep you informed and alleviate any stress or confusion throughout the process. Choose Ali & Blankner to experience dedicated representation focused on achieving the best possible outcome for your situation.

How to Defend DUI Charges in Florida

While many people think their charges are solidified the moment an officer puts them in the back of a police car, cases are never this simple. There is no denying that everyone makes mistakes, even law enforcement. From incorrectly handling test results to failing to read your rights, these mistakes can lead to evidence being suppressed in your case, ultimately strengthening your defense while weakening the prosecution's case against you.

Depending on the circumstances of your case, we may be able to challenge:

The initial stop: When an officer doesn't have probable cause to pull a driver over, the evidence obtained following the stop may be thrown out.
Field sobriety tests: These tests are extremely subjective and can be proven to be insufficient evidence on their own for DUI charges.
Chemical tests: Incorrect calibration, failure to administer tests correctly or at the right time, and mishandling of results can all nullify this evidence.
Actual blood alcohol: Sometimes a person's blood alcohol can rise over a short duration, giving a false indication of an illegal BAC, even though it was legal when driving.
Police conduct: If the arresting officer acted improperly in any way or violated your rights somehow, any evidence obtained in the wake of this may be inadmissible.

At Ali & Blankner, we develop individualized approaches and innovative defense strategies. Our team can evaluate the evidence and look for possible holes in the prosecution’s case. We strongly recommend that you get in touch with our firm today to discuss your legal rights and options with an experienced Orlando DUI defense attorney.

Defending a DUI charge effectively requires transparent collaboration between client and attorney. We advise clients on maintaining open communication and transparency about all aspects surrounding the incident. This enables us to tailor our defense accurately and counter any surprises that may arise. Our commitment is to utilize every available resource and leave no stone unturned in safeguarding your freedoms.

KNOCKOUT RESULTS

Case Dismissed Disorderly Conduct
Ali & Blankner represented a client charged with disorderly conduct.
Case Dismissed Battery & Assault
Ali & Blankner secure a case dismissal on behalf of a client charged with battery.
Case Dismissed DUI & Citations
Ali & Blankner worked to get a case dismissed involving a client with both a DUI and citations.
Case Dismissal Trespassing
Ali & Blankner obtained a case dismissal on behalf of a client charged with Trespassing.
Case Dismissed Battery & Resisting Arrest
We represented an individual charged with battery on an officer and resisting arrest, successfully getting the case dismissed.

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DUI Defense FAQ

Find Answers to Your Questions:

Can a DUI be dropped to a lesser charge?
Can you get a DUI dismissed?
Can you get a DUI reduced to reckless driving?
Can a public defender get a DUI reduced?
What do police look for in drunk drivers?
Do I have to take a breath test?
Can police ask me questions after pulling me over without reading me my rights?
What should I say to an officer if I'm stopped?
What do officers look for when they stop me?
What is the first step I should take after a DUI arrest?
What happens at a DHSMV hearing, and how is it different than my criminal hearing?
I believe I was unlawfully pulled over and arrested. What can I do?
I was arrested while on vacation in Orlando. What can I do?
Can I be arrested for prescription drugs in Florida?
Can I be arrested for DUI if I was consuming medicinal marijuana and driving?
How do I find the best lawyer for my Orlando DUI case?
Is an ignition interlock device mandatory after a DUI?
Should I accept a plea agreement for a DUI charge?

Is an ignition interlock device mandatory after a DUI?

An ignition interlock device (IID) is a requirement for certain DUI offenses in Florida. For first-time offenders, an IID may be mandated if a breath test indicates a BAC of 0.15% or higher or if a minor was in the vehicle. This device is crucial, as it prevents the vehicle from starting if alcohol is detected on the driver's breath. Failure to install an IID when required can lead to license suspension or revocation. The duration for which an IID is needed can vary based on individual circumstances, including the number of previous offenses. For second and subsequent DUI convictions, the installation of an IID is typically a standard condition, serving both as a punitive and preventive measure. At Ali & Blankner, we guide clients through the requirements and implications of IID installation, ensuring compliance and understanding of its role in regaining driving privileges.

Should I accept a plea agreement for a DUI charge?

When facing a DUI charge, accepting a plea agreement must be considered very carefully. A plea deal often offers reduced penalties in exchange for a guilty plea. However, this acceptance comes with acknowledging a conviction which can have lasting consequences, including increased insurance premiums and a criminal record. Before considering any plea, it's essential to evaluate the strength of the prosecution's evidence, any procedural errors, and potential defenses. Consulting with a qualified attorney ensures you receive comprehensive advice tailored to your specific circumstances. At Ali & Blankner, we provide an in-depth analysis of plea offers, weighing potential benefits against future implications. Our priority is to help you make an informed decision, balancing the immediate advantages of a plea with long-term consequences on your personal and professional life.

Call (407) 753-1312 or contact us online today to schedule a free consultation with our experienced Orlando DUI attorneys. Hablamos español.

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