Whether you were impaired or sober, being pulled over and arrested on suspicion of drunk driving can have an unfavorable impact on all aspects of your life. When you are dealing with a DUI charge in Florida, it is essential to have an experienced Orlando DUI lawyer on your side who understands what you are going through and can fight for your freedom. Just because you are charged with a DUI does not mean that you are automatically convicted of the offense. An experienced criminal defense attorney can employ various strategies to help prevent a conviction or reduce your sentence. However, you must act swiftly to reach the most favorable outcome.
For over 20 years, the DUI defense lawyers at The Umansky Law Firm have helped Central Florida residents fight charges of DUI and drunk driving. As former prosecutors and public defenders on the state and local level, our Orlando DUI attorneys have a unique insight into the type of strategy that will be used against you so they can determine the best approach for your defense. This knowledge, combined with our aggressive representation and caring attitude, is a winning formula for positive results as shown by our ratings and reviews.
When the average person thinks of a DUI, the picture that often pops in their head is someone who got caught driving under the influence of alcohol. While it is true that most DUI arrests involve individuals in passenger vehicles under the influence of alcohol, there are numerous other manifestations of a DUI in Orlando. Some of these include:
Learn more information about Florida DUI charges by reading the following guides:
Defense Strategies include:
Each type of DUI has a separate set of penalties and qualifying factors. However, they all deal with an individual operating a vehicle (motor or non-motor) under the influence of drugs or alcohol. There are even instances when you can be charged with driving under the influence when you’re not driving at all.
For example, you’re driving home from the bar after having a few drinks, and you find yourself starting to doze off. Instead of risking getting pulled over or getting involved in a damaging accident, you decide to pull to the side of the road and sleep it off. You wake up to an officer tapping on your window and the next thing you know you’re being handcuffed and thrown into the back of a squad car. The officer explains that even though you weren’t driving the vehicle at the time, the keys were still left in the ignition.
Situations like these occur often and result in people who tried to do the right thing getting charged with a DUI. At The Umansky Law Firm, our Orlando lawyers are committed to helping our clients fight unfair DUI charges so they can move forward with their lives.
Getting arrested for drunk driving can be an awful experience. From spending any time at all in jail to having to get your car out of impound, you may feel exhausted, grimy, and even anxious or scared about what happens next. These feelings are completely natural. You are probably asking yourself, “What now? What are the penalties for DUI? What do I do about my license? How do I hire an Orlando DUI lawyer?”
Whether it’s school, work or basic errands, we need to drive to maintain our livelihood. Needless to say, the first step we take is getting your license back. In Florida, if you have never lost your license for a DUI, you may be eligible to obtain an immediate hardship license at the Department of Motor Vehicles (DMV), but you only have 10 days to apply from the date of your arrest.
The process to do this is called a waiver hearing as you are simply waiving your right to challenge your suspension and in return, you receive a hardship license. The hardship license allows you to get to school or work and run errands that are necessary for your daily life.
The consequences of a DUI can range from monetary fines and jail time to years of driver’s license suspension and the inability to obtain auto insurance. The severity of the consequences will depend on your situation. An Orlando DUI lawyer at The Umansky Law Firm can provide a free case assessment to help you understand the penalties you may be facing. Our drunk driving defense attorneys take the time to break down the information and educate you to ensure you fully understand your current situation and the road ahead.
We discuss information such as:
If this is the first time you’ve lost your license for an alcohol-related offense, you can apply for a hardship license and enroll in the DUI level one school sponsored by the Florida Safety Council. A hardship license provides you with restricted driving privileges in Florida, depending on the type of hardship license you receive. There are two kinds of hardship licenses you can apply for in Florida:
We will show you how to enroll and take your enrollment paperwork to the DMV and ask them to waive your hardship hearing. Our qualified DUI defense attorneys can provide you with legal guidance through each step of this process.
Have you lost your license for an alcohol-related offense in the past? Learn more about handling a DUI as a repeat offender.
The answer is that it depends when you are convicted.
A “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. Fla. Stat. 921.0021(3). “Prior record” means a conviction for a crime committed by the offender, as an adult or juvenile, prior to the time of the primary offense. Fla. Stat. 921.0021(5). Although this is under the sentencing guidelines, and for felony offenses, it’s still relevant as the Legislature used the same terms for DUI convictions.
Fla. Stat. 316.193(2)(a)b. talks about a “second conviction.” However, section (2)(b)1. Says… “Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction…”
What that means is that if you enter a plea to a second in time DUI before you enter a plea to the first in time DUI, then BOTH cases are “first time DUIs” because the second in time case is the “first conviction” (as he’s not yet been convicted of the first one) whereas the first-in-time DUI wasn’t an offense that occurred within 10 years after a prior conviction (because the second DUI hadn’t happened yet when the first DUI occurred). So the order in which you plea your cases out can make a difference.
Turning to the actual language of 316.193(6)(b): “For a second conviction for an offense that occurs within a period of five years after the date of the prior conviction for violation of this section… imprisonment for not less than 10 days.”
This section doesn’t apply in the above scenario because you entered a plea to the second in time DUI before the first in time DUI. So your “conviction” on the second DUI was not within five years of the first DUI because you have not pled or were convicted of that first in time DUI yet. Therefore you may be able to avoid jail or incarceration.
Compare this to the language of 322.34(2), which requires a ten day jail sentence “for a third of subsequent conviction” of Driving While License Suspended. It doesn’t require the second conviction to occur “after the date of the prior conviction” which is completely different than the language above in the DUI statute. The Legislature could have used the same language but didn’t. Obviously this is a complicated issue and hiring the right DUI lawyer can be critical if you are trying to avoid mandatory jail or prison time in Orlando.
We pride ourselves on staying on the cutting edge of technology. We understand the latest developments in field sobriety testing, breathalyzers, ignition interlock devices, and other new technologies and techniques that can affect your case. Learn more about our DUI Defense Strategies.
We do more than offer a free consultation. We can review your facts, determine a strategy of defense and go over your alternatives instead of just walking in and pleading guilty to a DUI.
If you have never been charged or arrested for DUI before, you may be eligible to get your charge dropped in a DUI diversion program. In many cases, we may be able to reduce your charge to Reckless Driving and in some cases even Careless Driving, a civil citation. You will also receive a free guide to dealing with your arrest which provides helpful tips and information about the process.
Case Result
Client was charged with DUI in Orange County after allegedly running a red light. Attorney filed a Motion to Suppress the Stop, which was denied, but during the officer’s testimony it was discovered he “lost” the video of her running the red light. Attorney filed a second Motion to Suppress the DUI investigation. At the hearing on 12/9/2020, Attorney allowed the officer to answer all of the State’s questions without objection and then introduced a dash camera video the officer didn’t know was recording his conversation with his superior admitting there was no reasonable suspicion to do a criminal investigation. This completely contradicted his in-court testimony. The judge found no credibility in the officer’s testimony, granted the second Motion to Suppress, and the State announced a dismissal of the charges that same day. This arrest happened at the peak of Covid and client was not provided a mask during transport to the jail or upon entering the jail. The lack of Covid precautions, coupled with them asking her to put her mouth on the breath machine, made her arrest even more traumatic. Client challenged the officer’s credibility from day one and was thrilled to learn there was a 4 minute portion of video evidence proving she was right. Had it not been for that recording, she would likely have to endure a full jury trial where the officer is assumed to be a truthful witness.
Whether you are a Florida resident, tourist, or truck driver, our DUI lawyers can help you fight for justice. At The Umansky Law Firm, we have over 100 years of combined experience and will do everything needed to vigorously defend your case. Speak with an experienced team of Orlando DUI defense lawyers about your situation and contact us today to schedule your free case evaluation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
Wonderful Team with Great Advising
By: James G.
213 S Dillard St Suite 220 G The Unmansky Law Firm is a great firm to help the people of Lake County that has been in such crime like my DUI case. Rachel Mattie was my attorney, and she helped me decide the best decision of my life. I can't thank her enough. And Megan Edward's was Rachel's assistant that provided great communication. She always kept me updated asap. This team is a great duo. Keep up the wonferful work you provide. Thank you Unmansky Law Firm for the best help on my case inorder for me to get the bare minimum on my sentence. And thank you Rachel and Megan for teaching me my writes that I never knew I had. This is the best Law Firm in all of Lake County and I will Definitely be recommending future clients for Unmansky Law Firm Thank you for everything. Sincerely, James Gladding Jr.
Rating: ★★★★★ 5 / 5 stars
