Have you been arrested for drunk driving in Orlando or the Central Florida area? A DUI conviction can change your life forever, which makes it imperative to fight back. Set yourself up for the best possible outcome by contacting the experienced drunk driving lawyers in Orlando at the O’Mara Law Group.
Under Florida state law, it’s illegal to operate a motor vehicle if you’re under the influence of drugs or alcohol. There are two ways you can be considered “under the influence”. Those ways include:
So, you don’t technically have to blow a .08 on a breathalyzer to be arrested, charged, or convicted for a DUI. Police can use evidence of an elevated BAC along with circumstantial evidence to make a DUI case against you. Evidence of impairment might include:
These things, considered together, may be sufficient for the state to prove that you were impaired while operating a motor vehicle in Orlando. Note that Florida has a separate statute for boating under the influence (BUI).
The penalties for a DUI will ultimately depend on how many convictions you’ve had and if there are any aggravating circumstances present (e.g., BAC at or above .15 percent or whether you had a child passenger in the vehicle).
A first DUI offense is a misdemeanor, punishable by:
If your BAC was .15 percent or higher, then you may also be required to have an Ignition Interlock Device (IID) installed on your vehicle for up to 6 months.
A second DUI is a misdemeanor. The penalties will depend on whether your charge occurs within 5 years of a prior. Within 5 years of a prior, a second DUI carries:
When not within 5 years of a prior, a second DUI carries:
You may also be required to complete a substance abuse evaluation and complete a treatment program.
If you have two prior DUI convictions, you can face a third-degree felony charge. Your third offense must have occurred within 10 years to be considered a DUI felony. When it’s considered a felony, a third DUI charge in Orlando is punishable by:
You’ll also be required to complete probation and community service.
Fourth offense DUIs and subsequent charges are typically third-degree felonies in the state of Florida. A felony DUI is punishable by:
A DUI conviction – whether a misdemeanor or a felony – will remain on your criminal record for 75 years. The penalties you face can change the course of your life forever. Hiring an experienced DUI defense attorney in Orlando is the best way to protect your future and limit the consequences you may experience.
At the O’Mara Law Group, we’ll carefully evaluate your DUI case and identify any potential defenses to the charges against you. We may be able to implement any one of the following strategies in your defense:
Our DUI defense lawyers in Orlando will attack the state’s case at every turn, working to identify problems with your arrest and any evidence that may have been obtained. If we can get evidence dismissed or prove that the government infringed on your rights in any way, a judge may have no choice but to dismiss your case. If prosecutors doubt their ability to win at trial, they might come to you with a favorable plea deal.
Being charged with a DUI in Florida can be stressful and carry serious consequences, and having an experienced legal team on your side is essential. At O'Mara Law Group, our drunk driving attorneys in Orlando have decades of combined experience representing clients in DUI cases and other serious criminal matters. We have built a reputation for excellence, integrity, and results, making us a trusted choice for individuals facing DUI charges throughout the area. Our knowledge of Florida’s DUI laws, courtroom experience, and proven track record allow us to provide the defense that these cases demand.
If you or a loved one has been charged with a DUI, contact O'Mara Law Group today to schedule a confidential consultation and ensure you have an experienced legal team protecting your rights and your future.
A DUI conviction can affect your employment in Florida, depending on your industry, employer, and job responsibilities. Some employers conduct criminal background checks, and certain professions may have licensing or reporting requirements. A conviction could also create challenges if your job requires driving.
You have the right to represent yourself in a Florida DUI case, but doing so can be risky. DUI cases can involve complex issues related to traffic stops, breath testing, field sobriety exercises, police procedures, and Florida DUI laws. Our experienced team at O’Mara Law Group can identify potential weaknesses in the prosecution’s case and advocate for your interests in court.
Our drunk driving attorneys may examine a wide range of evidence, including police reports, dashcam or body-camera footage, witness statements, field sobriety exercise results, breath or blood test results, and evidence related to the initial traffic stop. We may also investigate whether proper procedures were followed during your arrest and testing.
If a Florida police officer failed to properly advise you of your Miranda rights, it does not automatically mean that your DUI charge will be dismissed. Miranda protections generally concern custodial interrogation, so the specific circumstances of your arrest and what you were asked or told can matter.
A DUI conviction can potentially create complications when traveling internationally, although the impact depends on the country you are entering, your specific conviction, and other circumstances. Some countries have their own rules regarding travelers with criminal convictions, and certain immigration or entry applications may require you to disclose a DUI. If you have an upcoming international travel, our team can help you understand the potential legal consequences of your Florida DUI conviction and when you may need additional immigration or international travel advice.
Yes. In Florida, a BAC of 0.08% or higher can establish a presumption of impairment under the law, but a person may still face a DUI charge when their BAC is below that level if there is other evidence that their normal faculties were impaired. This could include an officer’s observations, driving behavior, field sobriety exercises, or other evidence gathered during the traffic stop.
Seeing a police car’s flashing lights and hearing the siren behind you is a very unsettling experience for anyone on the road. You may not realize right away that you are being pulled over for a suspected DUI, but you should always know what steps to take in the event that is the reason for the stop.
Read more about What to Expect During a DUI Stop
You lose your license the minute you are placed under arrest. However, you are able to apply for a DMV hearing and challenge the suspension, but you must do so very quickly.
Read more about Why Request a DMV Hearing After a DUI Arrest?
