Orlando has one of the highest rates of DUI arrests in Central Florida. That is primarily because of how much traffic exists and the sheer amount of people who live here. Unfortunately, because of the amount of traffic we have, there are also a lot of accidents, and many of them will turn into a DUI investigation and arrests.
Orlando, in particular, is a little different since Orange County does offer a diversion program by which a first-time offender can get their charges dismissed if they qualify. That still does not change the fact that the laws are enforced, but it may be easier for the person to resolve their case.
Please talk to our trusted DUI attorneys if you have been arrested and need help navigating DUIs in Orlando.
All the DUIs that are prosecuted in Orlando are governed by the Florida DUI statute, Section 316.193, which outlines how the state must prove a DUI. The state can prove a DUI one of two ways. First, they can prepare and present evidence that proves beyond a reasonable doubt someone was operating a vehicle with a blood alcohol content (BAC) level over a 0.08, via a breathalyzer test.
If someone refuses to blow the breathalyzer test or they could not get a BAC test for whatever reason, the state can prove a DUI by showing their normal faculties were impaired by alcohol or illegal drugs using other tests. Normal faculties include a person’s ability to walk, talk, see, hear, judge distances, and essentially perform the mental and physical acts of everyday life.
In addition to a BAC test, they can present evidence as to how the person was behaving and driving at the time of the traffic stop.
Once someone is arrested for DUI, they end up being subjected to penalties by not only the court system, but also the DMV. In Orlando, specifically, once someone is arrested, if they refuse to blow a breathalyzer or they blow over the legal limit, then they will automatically lose their license for a period of six to 12 months on a first-time DUI, even before being prosecuted in court. Once they bond out of jail the next day, they are not only struggling to find representation in criminal court, but will also have trouble getting back on the road.
As far as in criminal court, you will be set for a series of court dates, where the state starts to build their case, which often includes video evidence and the BAC result, in addition to police reports about the officer’s observations. As that evidence is delivered to the defense attorney, we will try to work out the best possible plea deal for that particular case, keeping in mind the mandatory minimums.
DUIs are the most complicated misdemeanor charges that someone can face, and may be more complicated in court than some low-level felony charges. The reason for that is the Florida statute requires certain mandatory minimum sentences if someone is convicted even of a first-time DUI. This means, as criminal defense attorneys, we are limited as to the type of plea deal or sentence we can achieve for you.
The DUI statute does not allow someone who has been convicted to just to do a couple of days in jail and pay a fine. It requires mandatory classes, community service, license suspension, vehicle immobilization, in addition to any fines. DUIs are taken very seriously, not only by law enforcement officers, but by the prosecutors and the judges because of how the law is written.
The most intimidating part of being charged with DUI is not knowing what will happen to your driver’s license, whether you will end up being convicted, not remembering how you were behaving the night of the arrest and knowing it is most likely caught on video.
The penalties are harsh in relation to other misdemeanor offenses. A DUI conviction goes on your record for the rest of your life and is not eligible for expungement. For a lot of people who work in a professional capacity, knowing that their employer has access to their prior DUI arrest information is detrimental because it looks unprofessional. Once their drinking habit leaves them to be arrested for a crime, that stigma can really hurt their career, including for recent graduates trying to enter the workforce.
Reach out to The Umansky Law Firm for legal assistance in navigating DUIs in Orlando.
The Umansky Law Firm Criminal Defense & Injury Attorneys
