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DUI Defense
Orlando DUI
Defense Attorney - Lawyer, providing experienced DUI Defense
and other Criminal Defense legal Services in Orlando, Orange
County, and Central Florida areas.
 A person may be arrested and charged of a
Criminal DUI Offense if it is determined that they are under the influence of
alcoholic beverages, illegal drugs, prescription drugs or other controlled
substances which may impair ones ability to safely operate a motor vehicle.
Facing DUI charges is a serious matter as
the nature of the offense puts others lives and property
in danger. For this reason prosecutors and law
enforcement typically will exhaust all legal means to in
order to achieve a conviction.
When an individual is pulled over for
suspicion of Driving Under the Influence (DUI), they are
often asked to undergo some form of a "Field of Sobriety
Test", sometimes simply referred to as a "Sobriety
test." These tests are inherently designed to ask you to
perform actions which you would not normally perform. In
short, they are designed to make you fail, giving
probable cause to administer a breathalyzer test, or to
force you to provide blood for a blood test.
We will scrutinize the actions of law
enforcement to determine if an acceptable standard of
probable cause existed, as well as if any of your civil
rights were violated at any time leading up to, or
during the course of your arrest.
While many people believe that if you are
arrested for a DUI, it is an open and shut case, the
reality is that everyone makes mistakes during the
course of their life; a human flaw that even law
enforcement officers are not immune from.
If you have questions, concerns, or legal needs
regarding DUI defense or other criminal
defense issues, we urge you to seek the legal advice
of an experienced Orlando DUI defense attorney &
lawyer. Contact
The Law Offices of Peter A. Shapiro & Jonathan D. Wilson
at
407.420.1044
to schedule a confidential legal consultation.
Florida's DUI conviction penalties
are provided below.
DUI (Driving Under the Influence of Alcoholic Beverages,
Chemical Substances or Controlled Substances). s.
316.193, F.S.
Under Florida law, DUI is proved by impairment of normal
faculties. Unlawful blood alcohol level or breath
alcohol level of .08 or above is a presumption of
impairment.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
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First Conviction:
Not less than $500, or more than $1,000. With
Blood/Breath Alcohol Level (BAL) of .15 or higher or
minor in the vehicle: Not less than $1,000, or more
than $2,000.
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Second Conviction:
Not less than $1,000, or more than $2,000. With BAL
of .15 or higher or minor in the vehicle: Not less
than $2,000, or more than $4,000.
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Third Conviction More than 10 years from second:
Not less than $2,000, or more than $5,000. With BAL
of .15 or higher or minor in the vehicle: Not less
than $4,000.
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Fourth or Subsequent Conviction:
Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.
First Conviction:
Mandatory 50 hours of community service or additional
fine of $10 for each hour of community service required.
Probation - s. 316.193 (5)(6), F.S.
First conviction, total period of probation and
incarceration may not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
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First Conviction:
Not more than 6 months. With BAL of .15 or higher or
minor in the vehicle: Not more than 9 months.
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Second Conviction:
Not more than 9 months. With BAL of .15 or higher or
minor in the vehicle: Not more than 12 months. If
second conviction within 5 years, mandatory
imprisonment of at least 10 days. At least 48 hours
of confinement must be consecutive.
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Third Conviction:
If third conviction within 10 years, mandatory
imprisonment of at least 30 days. At least 48 hours
of confinement must be consecutive. If third
conviction more than 10 years, imprisonment for not
more than 12 months.
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Fourth or Subsequent Conviction:
Not more than 5 years.
Impoundment of Immobilization of Vehicle - s. 316.193
(6), F.S.
Unless the family of the defendant has no other
transportation: First conviction = 10 days; second
conviction within 5 years = 30 days; third conviction
within 10 years = 90 days. Impoundment or immobilization
must not occur concurrently with incarceration. The
court may dismiss the order of impoundment of any
vehicles that are owned by the defendant if they are
operated solely by the employees of the defendant or any
business owned by the defendant.
DUI Misdemeanor Conviction: (Accident Involving Property
Damage or Personal Injury)-s. 316.193 (3), F.S.
Any person who causes property damage or personal injury
to another while driving under the influence is guilty
of a First Degree Misdemeanor (not more than $1,000 fine
or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents
Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
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Any person convicted of a third DUI within 10 years
or a fourth or subsequent DUI commits a Third Degree
Felony (not more than $5,000 fine and/or 5 years
imprisonment).
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Any person who causes serious bodily injury while
driving under the influence is guilty of a Third
Degree Felony (not more than $5,000 fine and/or 5
years imprisonment) or if habitual/violent felony
offender as provided in s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
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DUI/Manslaughter:
Second Degree Felony (not more than $10,000 fine
and/or 15 years imprisonment).
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DUI Manslaughter/Leaving the Scene:
A driver convicted of DUI Manslaughter who
knew/should have known accident occurred; and failed
to give information or render aid is guilty of a
First Degree Felony (not more than $10,000 fine
and/or 30 years imprisonment).
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Vehicular Homicide:
Second Degree Felony (not more than $10,000 fine
and/or 15 years imprisonment).
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Vehicular Homicide/Leaving the Scene:
A driver convicted of vehicular homicide who left
the scene of an accident is guilty of a First Degree
Felony (nor more than $10,000 fine and/or 30 years
imprisonment).
Driver License Revocation Periods for DUI-s. 322.271,
F.S. and s. 322.28,F.S.
A.
First Conviction:
Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5
years revocation. May be eligible for hardship
reinstatement after 1 year. Other 2nd offenders same as
"A" above.
C. Third Conviction Within 10 Years: Minimum 10
years revocation. May be eligible for hardship
reinstatement after 2 years. Other 3rd offenders same as
"A" above; one conviction more than 10 years prior and
one within 5 years, same as "B" above.
D. Fourth Conviction: No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent
revocation. If no prior DUI related convictions, may be
eligible for hardship reinstatement after 5 years.
F. Manslaughter, DUI Serious Bodily Injury, or
Vehicular Homicide Convictions: Minimum 3-year
revocation. DUI Serious Bodily Injury having prior DUI
conviction is same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related
Convictions/Disqualifications-s. 322.61, F.S.
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Persons convicted of driving a commercial motor
vehicle with a blood alcohol level of .04 or above:
driving a motor vehicle while he or she is under the
influence of alcohol or a controlled substance or
refusing to submit to a test to determine the
alcohol concentration while driving a commercial
motor vehicle, driving a commercial motor vehicle
while under the influence of alcohol or controlled
substance, or driving a commercial motor vehicle
while in possession of a controlled substance shall
be disqualified from operating a commercial motor
vehicle for a period of 1 year. This is in addition
to any provisions of s. 316.193 for DUI convictions.
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Second or subsequent conviction of any of the above
offenses arising out of separate incidents will
result in a permanent disqualification from
operating a commercial motor vehicle.
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There are no provisions for persons disqualified
from operating a commercial motor vehicle to obtain
a hardship (business or employment) license to
operate a commercial motor vehicle.
If you require professional legal services regarding
DUI defense or other criminal defense issues,
be proactive in protecting your legal rights by seeking
the legal advice of an experienced Orlando DUI
defense attorney & lawyer. Contact
The Law Offices of Peter A.
Shapiro & Jonathan D. Wilson by calling
407.420.1044.
Orlando DUI
Defense Attorney - Lawyer, providing experienced DUI Defense
and other Criminal Defense legal Services in Orlando, Orange
County, and Central Florida areas.
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DUI
Defense
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Administrative Suspensions
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Driving - License
Suspension
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DUI Appeals
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DUI School Requirements
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Florida DUI Penalties
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Hardship License
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Sobriety Tests
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Vehicle Forfeiture
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Violation of Probation
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