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In Orlando Arrested for DUI – What Can You Do? Attorneys Answer Our Clients’ Top Questions.

Anyone in Orlando arrested for DUI needs accurate legal information. Specifically they should seek the counsel of an experienced DUI attorney. When someone is arrested for driving under the influence (DUI), many important questions need answers. Florida DUI laws are complex and confusing, and most people have not explored the Florida statutes that apply to DUI offenses.

We address many of these questions here in a general manner. Each DUI case is different and based on significant, unique details. If you have been arrested for DUI in Orlando and need help with your specific case, please reach us quickly online. We offer a free initial consultation.

It is important to remember that the best way to avoid a DUI is to not drink and drive, no matter how conscious a driver believes he or she might be.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Why would a vehicle be stopped for DUI?

The most critical part of a DUI case is the basis for the initial traffic stop. Law enforcement officers may stop a motorist when there is reasonable suspicion that a driver has broken the law.

Law enforcement may stop you for a traffic infraction (running a red light or stop sign, illegal passing, speeding, etc.) as well as defective equipment on the vehicle (such as a flat tire or faulty tail light or headlight). A routine traffic stop may lead to officers determining that the driver is under the influence of alcohol.

An officer may also stop you on suspicion of driving under the influence. Factors supporting suspicion of DUI include speeding up and slowing down for no reason, weaving within a lane, straddling a lane line, drifting across a lane, and other behaviors that allow law enforcement to question your ability to drive.

Police may also stop you at a DUI checkpoint regardless of whether a driver is suspected of breaking any law.

Once an officer stops a motorist, many factors come into play as to whether he or she can begin a DUI investigation, and how that process is enforced. The services of an experienced DUI attorney are invaluable to a motorist charged with DUI in these circumstances.

A TK Law attorney will determine whether the officer lawfully performed the initial traffic stop or if the officer followed proper legal procedure during the stop. We thoroughly review each case given the evidence against our client in order to build a strong DUI defense.

Why would someone be charged for DUI?

In Florida, a person is charged with DUI if his or her blood alcohol content (BAC) is at or above the legal limit of .08. A Florida officer may also arrest a person for driving under the influence of marijuana and prescription drugs. An officer may use multiple tests to determine a driver’s BAC, including a field sobriety test, breath test, blood test, or urine test.

A driver under age 21 can be charged with DUI if his or her BAC is at or above .02. And a commercial driver can be charged if his or her BAC is at or above .04.

A person may also be arrested for DUI in Florida if his or her “normal faculties” are impaired. “Normal faculties” include, but are not limited to: a driver’s ability to see, hear, walk, talk, make judgments in relation to distances, drive a vehicle, react in emergencies, or perform multiple mental and physical acts of normal daily life.

Does a person have to be the actual driver to be arrested for DUI?

A prosecutor must prove a driver was in “actual physical control” of the automobile at the time of the arrest in order for a driver to be convicted of DUI. However, in Florida, a driver can be arrested for DUI even if he or she is not actually seen driving the vehicle. A common example is when a person suspected of DUI is sitting in his or her parked car with the keys in the vehicle’s ignition.

How much alcohol or drugs must a person consume to be arrested?

There is no “chart” or magic formula to determine how many drinks or controlled substances a person must consume in order to reach the legal BAC in Florida. A breath test measures grams of alcohol per 210 liters of breath, while a blood test measures alcohol per 100 milliliters of blood.

Moreover, what it takes to push one person over the legal limit can differ significantly for another person. The amount of alcohol in a drink, the person’s size and gender, the period of time in which a person was drinking, and the rate of alcohol absorption into a person’s blood are all unpredictable variables.

Is DUI a misdemeanor or a felony?

A DUI can be either a misdemeanor or a felony in Florida depending on the circumstances surrounding the arrest. Factors that affect the degree of the crime include if the DUI arrest occurs within a certain time period of a previous DUI conviction or if DUI with injury or death is involved.

Generally a first time DUI or second DUI can be a misdemeanor.

A third DUI may be charged as a misdemeanor if the offense is not further complicated by injuries or a previous DUI conviction within the past 10 years. A third DUI charge that involves serious injury or fatality, or a fourth DUI, are felony crimes. Please see detailed information on multiple DUI arrests and penalties.

What happens to someone convicted of DUI?

There are irreversible criminal ramifications for drivers convicted of DUI in Florida. While some criminal charges can be sealed or expunged from a criminal record, a DUI record can never be sealed or expunged.

This means that a DUI conviction may affect present and future employment, admission to colleges or professional schools, military options, and insurance rates. And, of course, drivers convicted of DUI face other penalties that include jail time and fines. For these reasons, it is imperative that anyone in Orlando arrested for DUI should seek immediate advice from an experienced DUI attorney.

Should I speak to the officer who arrests me?

Comments made to law enforcement at the scene of a DUI arrest can be extremely incriminating. TK Law suggests that a person suspected of DUI make absolutely no statements to law enforcement except for providing identifying information or information regarding a pending emergency. It is particularly important not to admit any guilt or to try to explain what happened. Leave your explanation for an experienced DUI defense attorney.

In cases where a driver has already spoken to law enforcement, TK Law can investigate whether the driver was read his or her Miranda rights. This could be an evidentiary issue that a skilled defense attorney could use to have the charge reduced or the case dismissed entirely.

Can I still drive after a DUI arrest?

The fine print of the DUI citation says a person can drive for up to 10 days after the date of the citation. This means that drivers only have 10 days to have an attorney request an administrative review hearing to challenge the license suspension.

If a driver does not request a review hearing or if a driver loses at a review hearing, then the driver’s license will be suspended for a period between six months and one year. Only after 30 to 90 days of the suspension can a driver apply for a “hardship license.”

What is a hardship license?

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) may issue a hardship license to an eligible driver whose license is suspended so that he or she can still drive under specific circumstances. Florida courts use certain eligibility requirements to determine whether a driver can receive a hardship license. The license is typically issued after a driver has completed “Florida DUI School.”

There are two types of hardship licenses in Florida. A driver can receive a Business Purpose Only (BPO) license for four or five weeks that restricts him or her to driving only to and from work, during work, for educational purposes, to and from church, or for medical purposes.

A driver can receive an Employment Purpose Only (EPO) license, which restricts a person to only driving to, during, and from work.

TK Law can give you more insight on your specific case as to whether you are eligible for a hardship license if you contact us.

What is DUI School?

Florida DUI School and other substance abuse courses generally involve between 12 and 21 hours of instruction in a classroom or online depending on the court’s specific requirements. Generally you must complete DUI School before the DHSMV issues any hardship license.

What should I do immediately after my arrest?

Contact an attorney as soon as legally possible after your arrest. Not just any attorney can successfully defend a DUI case. TK Law has a proven record of successful resolutions and can talk to you about the legal possibilities in your specific case.

If someone dies, will I be charged with murder?

A driver involved in a DUI-related accident that leads to injury or death are rarely charged with murder. However, DUI manslaughter and possibly a related charge of vehicular homicide are the common charges. If charged with manslaughter and convicted, then a driver loses his or her driver’s license for life and faces a mandatory minimum prison sentence of 4 years.

There are other charges that could also be added as a result of DUI. It is critical for any person charged with a DUI crime involving injury or death to consult with an experienced defense attorney.

Will my automobile insurance be affected?

Yes, a DUI conviction will affect your automobile insurance. A DUI-related accident could result in the loss of auto insurance coverage or higher premiums for that coverage. In Florida, drivers convicted of DUI must file what is known as an FR44 to the State of Florida in order to guarantee that the driver carries higher bodily injury limits on their auto insurance policy.

For example, a driver seeking to have his or her license reinstated after a 1st time DUI must provide proof of bodily injury liability insurance in the amount of $100,000 per person, $300,000 per occurrence, and $50,000 property damage liability on the arrest date or proof of liability coverage.

Can I be sued?

Should an accident or death occur, a person convicted of DUI may also be sued by any injured victims or their families in a civil liability case. A lawsuit occurs in the form of a personal injury lawsuit filed by the injured victim, or in the case of a fatality, filed by the immediate family of the deceased. Civil lawsuits are in addition to and separate from criminal penalties for DUI with injury.

When can I get my license back?

A first-time DUI offender can get his or her license back between 180 days and a year after the conviction date. An offender can apply for a hardship license within that time period if he or she is eligible.

The amount of time a driver’s license is suspended can increase with each subsequent offense. Your TK Law attorney will provide complete information on the process and the amount of time involved in reinstating your license.

Should I plead guilty?

It is important to remember that a DUI charge is not a conviction. Despite what the evidence appears to show, there could be something as simple as the arresting officer’s human error or an unreliable test result that could affect whether evidence against you may be allowed or dismissed. A thorough attorney will know exactly which motions to file to suppress unreasonable evidence and which issues to investigate to determine if a client should have been charged with DUI in the first place.

A DUI should not be taken lightly and we recommend that our clients never plead guilty to a crime without direct consultation with an experienced attorney at TK Law.

What happens if I refuse a field sobriety test?

Florida law does not say that your license will be suspended if you refuse to take a field sobriety test. This means that you have the right to refuse without consequence. However, refusing this test will not deter an officer from arresting you for DUI and your refusal may be used against you at trial.

Should I refuse a chemical test?

Florida is an implied consent state, which means that all drivers who hold a valid Florida driver’s license have already agreed to submit to a chemical test when they are suspected of DUI. Chemical tests include a breath, blood, or urine test.

Refusal to submit to a chemical test can carry serious consequences and can be used as evidence against you in a DUI criminal proceeding. However, refusing a chemical test could also make it harder for the prosecution to prove that a driver is guilty of DUI.

A TK Law DUI attorney can provide experienced knowledge on how to legally proceed after not consenting to a chemical test.

I am a commercial driver. When can I get my license back?

Florida law does not allow a commercial driver to apply for a hardship license during while his or her license is suspended. The length of the suspension generally depends on whether the commercial driver refused a physical test or whether he or she was transporting hazardous materials at the time of arrest.

However, if a commercial driver is charged with DUI, it is important to remember that there are motions that an attorney can file to reduce the charges or even eliminate a DUI conviction.

Arrested for DUI in Orlando?

Act immediately. Call TK Law today at 855-Kramer-Now (855-572-6376) so we can raise the most appropriate defense for your case.

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All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

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Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



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