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Florida DUI Arrest Factors: Why No Two DUI Cases Are the Same

Back To DUI-DWI Video Help Page

Back To DUI-DWI Video Help Page

In the above video, someone wants to know if they will be able to avoid consequences for their DUI arrest just like their friend did, and I give a simple answer: “It depends.” As the video emphasizes, no two Orlando DUI cases are going to be exactly the same. Your Florida DUI attorney will be defending an entirely new set of circumstances in your case – so what happened with your friend’s DUI is not necessarily going to happen in your case.

A host of factors affect whether or not someone will actually be convicted for a DUI, and a good Florida criminal attorney will tell you that your friend’s situation has absolutely nothing to do with your case.

Speak with an experienced Florida attorney at our firm today.
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Legal Consequences of DUI Charges

The following are just a few examples of how DUI charges can be fought or why one person might avoid consequences while another person does not.

The charges are spread out over many years. This matters for two reasons. One is because years ago, DUI laws were not as strict as they are today. If you had more than one arrest for driving under the influence 20 years ago and then did not get charged for DUI again until this year, those earlier DUIs might not matter much – if at all. The second reason is because DUI laws have less harsh punishments for people who, for example, are convicted of three DUIs over a 15-year period as opposed to three DUIs over a five-year period.

No probable cause. Probable cause is largely based on subjective evidence provided by the police officer. Law enforcement must have a legal reason to pull you over and start questioning you. This one is often quite hard to prove, but if you can show that the arresting officer had no foundation for probable cause, then everything else that follows will be null and void.

Breaking protocol. If law enforcement failed to follow proper protocol during any part of a DUI arrest, the charge can be dismissed. For example, in order to be considered valid, field sobriety tests must be conducted according to very specific protocols that are outlined by the National Highway Traffic Safety Administration (“NHTSA”).

In the case of breath tests, the breath test machine used to obtain the breath sample(s) must be properly calibrated and in good working order. Even with sobriety checkpoints, the law enforcement must follow very strict protocol. One break in procedure and an experienced DUI defense attorney can get the results dismissed.

With blood and urine tests, police and technicians must handle and track the sample carefully to ensure that it is not tampered with. The path that the blood or urine test takes is called the chain of custody. If there is any break in protocol – any situation where there is no documentation for where the test results were drawn, stored, or transported – then the evidence can be considered contaminated or defective and kept out of court.

DUI Arrests Involve Subjective and Quantitative Evidence

Every arrest for DUI is an individual event with a lot of unique moving parts that a good attorney can examine. Much of the evidence is subjective, such as police observations and field sobriety tests. Then there is the quantitative evidence, the scientific results of the Breathalyzer test, as well as blood and urine tests. Both forms of evidence against you can be flawed; an experienced Orlando DUI defense attorney will investigate and challenge both.

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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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Diance C
Feb. 2025
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I had the pleasure of hiring Ms.Gastell for my divorce. I was kept informed at all times of any information relating to my case. Ms. Gastell worked deligently and was always ready to listen and help with any my concerns during a very difficult time in my life. I highly recommend TK Law PA.
John M.
Oct. 2024
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My wife and I finally took the steps to start the estate planning process as we are not getting any younger and we didn't want to leave a mess for our daughter to have to clean up. We have witnessed this far too many times of the last few years, as relatives have passed away only to watch the circus play out afterward. TK Law provided a wonderful experience from start to finish. Everyone at the office that I had the pleasure of working with was extremely professional and got back to me in a timely manner with any questions that I had. My wife and I really appreciate all the hard work and are very thankful to get all our estate planning needs met. We now have the peace of mind that we have done all that we can to minimize any issues after we pass.
JD
Sept. 2024
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On August 7, 2020, I was fortunate TK Law Firm was suggested as the first option for Divorce and Family Law. I was blessed to be represented by Ms. Janelise Gastell and TK Law Firm Support Staff. Ms. Gastell has the qualities and standards of integrity, ethics and loyalty. Ms. Gastell's dedication and determination resulted in positive results. Ms. Gastell challenged me to put in the same amount of effort. The end result was the divorce being finalized on September 4, 2020. Four years later, the money spent was an outstanding investment. The financial investment was an integral part of moving forward in my life. This included my well being mentally, physically, emotionally and spiritually. If potential clients are searching for excellent Divorce and Family legal representation. My recommendation would be Attorney Janelise Gastell. Thank You.
Benjamin C.
July 2024
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TK Law is highly recommended for anyone seeking legal representation. They combine exceptional legal expertise with a client-centered approach, ensuring you receive the best possible outcome. Throughout my case, Attorney Gastell and Paralegal Kayla consistently demonstrated unparalleled expertise. They were patient, persistent and dedicated to protecting my interests to ensure a positive outcome. #onefirmforlife
Carmen D.
Mar. 2024
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I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Chris O.
Dec. 2023
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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.
Lisa L.
2023
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The divorce process is never easy, but everyone one at TK Law made it as easy as possible. Kayla Johnson, my paralegal was always available, helpful and understanding of the situation. Attorney Janelise Gastell was also extremely helpful. She made sure all decisions were made in my best interest. My divorce seemed to take much longer than the average due to the other side, but both Ms Johnson and Attorney Gastell kept things moving as quickly as possible.

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The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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