New Smyrna DUI Lawyer


Drinking is a casual experience enjoyed by adults old and young nationwide. For some, it is an easy way to unwind after a long day at work while it helps others better enjoy a night on the town. Consuming alcohol is completely legal throughout the country for those 21 and over, but restrictions are set in place regarding what actions are legal while under the influence of alcohol. Florida criminalizes public intoxication, driving with an open container in the vehicle, and driving under the influence of alcohol. The latter is the most severe charge to face due to the potential harm it presents to fellow commuters and pedestrians.

If you or someone you know is facing any alcohol-related charge, act swiftly and reach out to a local defense attorney. The New Smyrna DUI lawyers at The Umansky Law Firm have an extensive history of mitigating DUI cases. With over 100 years of combined experience shared among a team of former prosecutors on the state and local level, we can use our insight to have charges lessened or even dismissed in specific instances.

What is a DUI in Florida?

Florida’s penalty structure for DUI offenses may be one of the most strict in the south, but the legal blood alcohol concentration (BAC) levels are the same nationwide. Individuals caught with a BAC level over any of the following legal limits — as it pertains to them — face grave legal repercussions. You can be charged with a DUI if caught driving with a BAC level higher than:

  • 0.08% and you’re 21 years or older
  • 0.04% and you’re 21 years or older and operating a commercial vehicle
  • 0.02% and you’re under 21 years old

Although the terminology explicitly uses the term “driving,” an individual may be arrested and charged with a DUI even if the car isn’t in motion or the engine is turned off. The former refers to instances when an individual falls asleep at an intersection or even in a drive-thru. Although the vehicle is stopped and the officer may not have witnessed the individual driving, they can assume that alcohol or illegal drugs are to blame.

Some people also realize that they’re inebriated and choose to pull over and go to sleep rather than risk getting in an accident. As responsible as this action may seem, an officer can still charge you with a DUI depending on your relative ability to control the vehicle. This takes into account the placement of your keys and how you are positioned in the vehicle. Falling asleep in the backseat with the keys on the floor would likely garner a more favorable jury decision than falling asleep in the driver’s seat with the keys in the ignition.

Work with Seasoned New Smyrna DUI Attorneys

No matter the origins of your DUI charges, you can rest assured knowing that you have seasoned attorneys working to ensure that you face the least severe penalties for your charge. The New Smyrna DUI lawyers at The Umansky Law Firm can sit down with you and discuss the facts of your case. We can then begin to formulate a defense to all charges and even use our mock courtroom to prepare you for trial if necessary. Everyone deserves a second chance. Get yours by calling us for a free case evaluation.

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    New Smyrna DUI Lawyer