Orlando DUI Lawyers

Yes. There are several alternatives to a DUI. These alternatives are not easily given and usually require extensive litigation to convince the state to amend or reduce the DUI charge. 

Some of the alternative charges are as follows:

• Reckless Driving (Alcohol-Related) – a second-degree misdemeanor
• Reckless Driving – a second-degree misdemeanor
• Careless Driving – a civil infraction

Reckless driving, alcohol-related or not, is technically a different criminal offense. However, the elements are somewhat similar to that of a DUI. If the case is litigated properly, a prosecutor may agree to reduce the charge to one of the above offenses. The importance of obtaining one of these reductions/amendments is to obtain a withhold of adjudication and keep your criminal record clean (or avoid points on your driving record). A DUI comes with a mandatory adjudication of guilt, and that is why obtaining that reduction/amendment to the lower charge is highly sought after.

The ultimate goal in any DUI charge is to get the charge completely dismissed. However, the above charges are generally good alternatives if you are seeking a resolution with the least amount of risk. At Ali & Blankner, we have skilled attorneys who can litigate your case and work hard to get your DUI either dismissed or reduced.

Yes. We’ve had thousands of DUIs dismissed in the many years that we’ve been handling these cases. There are many ways to get these cases dismissed. DUIs are extremely technical criminal offenses and require quite a bit of evidence to prove. We’ve gotten DUIs dismissed for officers failing to have a valid basis for a stop of a vehicle, failing to have the necessary reasonable suspicion to conduct a DUI investigation, and for failing to have the needed probable cause to arrest an individual for DUI.

There may also be issues with the field sobriety tests, the breathalyzer, blood test, or urine test that greatly assist in getting a DUI dismissed. Sometimes, it may be many factors that come into play together or singular factors that result in a dismissal. It is extremely important to have an experienced attorney working on your DUI case to ensure that these finite and extremely technical issues are not overlooked.

Yes, it is possible to get a DUI reduced to reckless driving. Our firm has had thousands of DUI cases reduced or dismissed. It is difficult to accomplish, but with the proper defense and the tenacity of the skilled legal team at Ali & Blankner, getting a reckless driving reduction is possible.

Gaining a reduction often depends on the specific details of the arrest, such as the BAC levels, any procedural errors made by law enforcement, and the individual’s prior record. It generally involves detailed negotiations with the prosecution and sometimes requires presenting mitigating circumstances that can support the case for a lesser charge. Our attorneys are adept in identifying these opportunities and advocating vigorously on behalf of our clients.

In many instances, public defenders are overworked and underpaid. Most public defenders handling DUI cases are fresh out of law school with little to no experience. Even for seasoned attorneys, getting a DUI reduced is no easy task. Achieving a reduction requires time, patience, and a wealth of legal knowledge to do the things needed to ensure that a DUI client gets the best possible results.

While public defenders work hard to provide the best possible defense for their clients, the constraints and limitations they operate under can sometimes make comprehensive defense strategies challenging. It’s beneficial for defendants to be aware of these factors and consider all legal options available to them, including seeking private counsel, to ensure their rights are fully protected.

The police will try and observe any erratic or reckless driving on your part before pulling you over. Law enforcement is required to have probable cause to stop you, which means they are not allowed to pull you over merely on a hunch or by picking your car at random. A knowledgeable Orlando DUI attorney can challenge the grounds of your DUI stop in court in an effort to have your arrest thrown out.

Other indicators police look for include the smell of alcohol, open containers in the vehicle, and the demeanor of the driver. They might also inquire about prior drinking to assess impairment. Understanding these criteria can help drivers be more cognizant and seek legal assistance promptly if charged.

You are legally required to take a breath or blood test due to the implied consent laws of Florida. However, you generally cannot be forced unless there are extraordinary circumstances. The important things to remember are that if you refuse to take the test, your license will be suspended and the refusal will be used against you in court; if you take the test and have a blood alcohol level over 0.08%, your license will be suspended for a minimum of six months.

Ultimately, whether you choose to take the test should be carefully considered, given the possible legal ramifications. It’s advisable to seek immediate legal counsel if faced with this decision, as experienced attorneys can provide insight into the specific circumstances and potentially mitigate negative outcomes.

Depending on your situation, if police ask you questions during a stop, you are not technically in custody and therefore do not need to be read your rights. Once you are arrested, police do need to read them to you if they proceed to interrogate you.

It’s essential to understand the distinction between routine questioning and interrogative questioning, as this can influence the rights you have at the time and the protection over the statements you provide.

You do not have to answer any questions that could potentially incriminate you. You may politely inform the officer that you do not wish to answer questions without a lawyer present. Anything you say to an officer concerning impairment, consuming alcohol, or driving under the influence can, and likely will, be used against you in court. Generally, the fewer admissions you provide law enforcement, the less evidence they will have against you in a DUI charge.

Being calm and respectful during an encounter with law enforcement can help diffuse the situation while safeguarding your rights. Clearly stating your intention to cooperate without self-incrimination can prevent unnecessary escalation.

There are numerous signs police are trained to look for when making a stop including a flushed face, slurred speech, staggering when exiting the vehicle, inability to follow directions, alcohol on the breath, and other indicators. However, these "symptoms" can be disputed in court by your attorney.

Understanding the subjective nature of these signs and consulting with an attorney as soon as possible can contribute significantly to your defense. Experienced legal representation can challenge the reliability of these observations and highlight alternative explanations for potential signs of impairment.

After a DUI arrest, you will be held until you can appear before a judge. You may be able to post bail until your next hearing. It is important to remember that anything you say can be used against you in court, so one of the things you should do right away is contact an attorney for legal counsel.

Acting quickly to secure legal representation not only helps in managing immediate court appearances, but also assists in crafting a defense that caters specifically to the nuances of your circumstances. Early legal intervention can improve the likelihood of mitigating potential penalties or identifying opportunities for dismissal.

A DHSMV (Department of Highway Safety and Motor Vehicles) hearing is an administrative hearing that simply deals with the state of your driver's license. Your criminal hearing happens in a courtroom setting before a judge, whereas a DHSMV hearing will take place at the DHSMV. After a DUI arrest, a person only has 10 days to request an administrative hearing. Failure to do so will cause your license to go into automatic suspension.

Though distinct from a criminal trial, a DHSMV hearing nonetheless requires preparation and understanding of the impact it can have on your life. Having experienced legal representation by your side can assist in effectively presenting your case and defending your driving privilege.

Unlawful police stops and unlawful arrests are both common reasons for getting DUI charges dismissed. Law enforcement must have probable cause in order to pull you over. Stopping and searching a vehicle or a person requires probable cause or else it is a violation of the Fourth Amendment, "unlawful search and seizure."

Even if the officer had probable cause to pull you over, the evidence from the field sobriety tests may not have been enough to warrant an arrest. These tests are up to the interpretation of the administering officer, making them subjective. They can also be administered improperly. If either happened in your case, you absolutely have the right to seek attorney counsel in hopes of proving unlawful arrest or an unlawful stop.

A distinguished attorney can assist in collecting and presenting evidence that supports your claim of unlawful arrest. This can range from video footage from the scene to inconsistencies in the police report. With skilled legal guidance, the prejudice caused by any inappropriate police actions can be effectively contested.

If you are not a resident of Orlando, or even a resident of Florida, you can still secure representation from an Orlando DUI lawyer at Ali & Blankner. If you are simply on vacation in Florida and cannot stay in the state for an extended period of time, we may even be able to handle your case while you are not present. To learn more about out-of-state DUI, call us directly.

Our legal team is well-versed in managing cases for those residing out of town. We employ modern technology to maintain communication and ensure you are kept in the loop throughout the process. This approach facilitates a seamless experience, permitting clients to focus on their responsibilities back home while we handle the legal necessities.

Yes. In many cases of DUI and drugs, the arrestees were actually arrested for having prescription drugs in their system. Even if the drugs were prescribed and the individual was taking them properly, an officer or judge could still determine that the drugs were the reason for the reckless driving, accident, etc. DUI involving prescription drug arrests are typically founded on urine test evidence.

Navigating a DUI charge involving prescription medication can be complex, given the legal differences between substances and the legitimate medical use versus abuse. It’s essential to have an attorney who can distinguish these factors in your defense, potentially aiding in reducing charges or penalties.

Yes. Whether it is a prescription or non-prescription drug, DUI involves driving or being in actual physical control of a vehicle while you are impaired. Even if you are prescribed medicinal marijuana, consuming said marijuana may impair you, affecting your ability to safely operate a motor vehicle. 

Our firm has very experienced medical marijuana DUI attorneys that have dealt with these issues countless times. Some vital factors include when you consumed the medicinal marijuana and whether the officer who stopped or arrested you has sufficient training/experience to be able to legally prove that you were impaired by marijuana while you were operating the vehicle.  As with any other instance, it is likely best to remain silent concerning any drug consumption when confronted by a stopping officer.

The evolving legal landscape surrounding medicinal marijuana necessitates knowledgeable legal assistance to navigate effectively. Seeking timely advice can be critical, particularly in developing an affirmative defense based on legitimate medical use and evaluating potential biases in law enforcement actions.

To find the best DUI lawyer in Orlando for your case, consider these key factors:

1. Experience: Look for an attorney with extensive DUI defense experience in Orlando, familiar with local laws and procedures.
2. Knowledge: Ensure the lawyer has deep knowledge of DUI laws and defenses, offering strategies to challenge the charges against you.
3. References: Request references or testimonials from past clients to assess the lawyer's reputation and track record.
4. Success Rate: Inquire about their success rate in DUI cases, indicating their ability to achieve favorable outcomes.
5. Accessibility: Choose a lawyer who is accessible, responsive, and keeps you informed throughout the legal process.

By considering these factors, you can increase your chances of finding the best DUI lawyer in Orlando to effectively handle your case.

Having personal consultations with potential attorneys can also offer a firsthand understanding of their approach and how comfortable you would be working with them. Assessing communication style and clarity in explaining legal procedures can help cement your choice for legal representation.