Orange County DUI Lawyer, Florida DUI & DMV Defense

DUI is a serious criminal offense under Florida law. Even a first time DUI conviction results in a mandatory driver’s license revocation, expensive high-risk car insurance and a permanent criminal record. Hiring an experienced DUI lawyer is essential. I have defended all types of DUI cases. My goal is to do whatever is necessary to avoid a DUI conviction. Once hired, I will:

1. Help you immediately reinstate your driver’s license;
2. Collect and review all police reports, witness statements & video evidence;
3. Find flaws in the police officer’s investigation;
4. Identify any possible defenses, and
5. Do whatever is necessary to avoid a DUI conviction.

Why Hiring a Local DUI Defense Attorney is Important

Hiring an experienced DUI lawyer early in your DUI case is crucial to protecting your driver’s license and increasing your chances of avoiding a DUI conviction. I take a full-service approach to defending each aspect of your DUI case including helping you immediately reinstate your driver’s license, appearing for you at your first court date called an “arraignment,” defending all companion citations that were issued along with your DUI ticket, attending all pretrial hearings and conducting pretrial negotiations with the prosecutor from the State Attorney’s Office in attempt to resolve your case with either a DUI pretrial diversion program or a lesser charge like reckless driving and if necessary defending you at jury trial to fight for a not guilty verdict.

Personal Attention to Your DUI Case

I will personally handle all aspects of your case. You will be able to reach me by phone, text or email with questions about your case. Your case will never be handed to a less experienced attorney. I am the only attorney that will meet with you, return your phone calls or attend court with you throughout your entire case. Your DUI will get my full attention.

You Only Have 10 Days to Reinstate Your Driver’s License After a DUI Arrest

If you have been arrested for DUI, you have 10 days to preserve your driving privileges. You must act quickly or face mandatory “hard-time” (no driving whatsoever). If this is your first DUI arrest, then you may benefit from a new law that will allow you to immediately reinstate your driving privileges to business purposes only status. You must (1) sign up for DUI school, (2) not hold a commercial driver’s license and (3) File a Request for Eligibility Review at the any local Bureau of Administrative Review (BAR) office listed on the back of your DUI ticket, all within 10 days following the date of your arrest. This will enable you to immediately reinstate your driver’s license. Call my DUI law firm and let us guide you through this process.

Defending your DUI in Criminal Court

Your first court appearance is called an arraignment. This is when you will formally enter a plea to your DUI charge. If you retain me prior to your arraignment then I will enter a plea of ‘Not Guilty’ on your behalf and excuse you from appearing at your arraignment. I will collect all evidence in your case including police reports, witness lists, witness statements and all video evidence. I will thoroughly examine all reports and video evidence to uncover flaws in the State’s case. This includes challenging the reason that you were stopped, searched and arrested as well as the police officer’s observations, administration of field sobriety exercises and breath test. My goal is to do whatever necessary to avoid a DUI conviction.

Filing Pretrial DUI Motions

The police must be able to demonstrate a lawful basis to stop and detain you to conduct a DUI investigation. The United States Constitution guarantees that people be free from illegal police conduct. This includes illegal traffic stops, searches and interrogation. We can file a ‘Motion to Suppress’ to exclude any illegally collected evidence including police officer observations, field sobriety exercises and breath test results. Important questions that should be answered in any DUI case to determine if the police acted lawfully are:

• Is there any video evidence of this incident?
• Were you stopped and detained for a lawful reason?
• Did the police officer have the right to conduct a DUI investigation?
• Were there witnesses to this incident?
• Is there a lack of evidence or a conflict in the evidence?
• Were you read your Miranda rights?
• Were any of your statements illegally obtained?

Avoiding the Mandatory Florida DUI Penalties

Florida Statute 316.193 sets forth the DUI penalties which include:

• Mandatory driver’s license revocation
• FR-44 high-risk car insurance
• the interlock device
• community service
• vehicle immobilization
• DUI fines, court costs, costs of prosecution and costs of investigation
• A permanent criminal record

Aggravating factors that can increase penalties:

• Breath test reading over .15
• Property damage
• Personal injury
• The presence of a minor in the vehicle

Total costs can far exceed $10,000 when higher insurance premiums are calculated and subsequent offenders face increased jail time, a longer driver’s license revocation, a mandatory interlock device and a DUI fine of up to $5,000.

DUI CASE LAW

STATE OF FLORIDA, v. KEVIN DAUGHTRY 2804DAUG (Fla 4th DCA 2020) where defendant, who was lawfully stopped and detained, was never asked if he would consent to field sobriety exercises, but merely submitted to trooper’s show of apparent authority that would lead reasonable person to conclude that he was not free to leave or refuse, motion to suppress exercises is granted — Post-arrest evidence is also suppressed where there was no probable cause for arrest without evidence of exercises.

Call Me Today

My goal is to help you avoid a DUI conviction on your permanent criminal record. Contact me for a free consultation.  In addition to keeping normal business hours, my office is open every Saturday. Call 407-740-7275 to speak directly with an aggressive and experienced DUI attorney and former DUI prosecutor in Orange County, Florida.