Drunk driving
Lawyer Orlando
With drunk driving, the driver can face administrative and criminal penalties. In Orlando, the DUI standard of punishment applies to drunk driving. The generally accepted standard is that a DUI is confirmed by an amount of 0.08 ppm of alcohol in a person’s blood. For second or third DUI offenses, the appropriate penalty scale is applied.
What to do in case of an accident with a drunk driver
The first thing to do is to call 911 and report the incident. A police officer will arrive at the scene and make a report. There are strict criteria for a DUI in Orlando, and missing time does not count as a factor in relief. In this case, the court accepts the incident as aggravated because the driver did not comply with the DUI requirement. If you do not contact an Orlando DUI Defense Lawyer, the following penalties may apply cumulatively.
- Your driver’s license will be suspended for 180 days.
- The monetary penalties will range from $500 to $5,000. The more severe the DUI, the higher the penalty. DUI lawyer can give you more information.
- If you already have three DUIs in Orlando, a fourth DUI could earn you up to 60 months in jail.
- The judge in your first drunk driving conviction may impose probation on you.
- The Judicial Department may confiscate your vehicle for up to 10 days.
- Community service is mandatory based on the DUI criteria in Orlando.
DUI lawyers know the importance of meeting deadlines. If you have been involved in a drunk driving incident, obtaining timely help from a DUI lawyer in Orlando can minimize your penalties and fines.
What to do if you are drunk and get into an accident
Orlando has the standard DUI rule for the state of Florida. You have exactly 10 days to obtain a hearing before one of the DUI rules in Orlando goes into effect. In this case, to minimize the risks and reduce the penalty, we recommend that you contact a reliable Orlando drunk driving lawyer, who will comply with the regulations and, if necessary, help you challenge the court’s decision. If you miss the required deadline under the DUI Defense Attorney regulations, even a lawyer in Orlando will find it difficult to challenge the decision.
When the driver is considered drunk
A driver is considered drunk if he or she has a blood alcohol level of 0.08-0.15 ppm, which falls under the DUI criteria. However, factors such as lacrimation, salivation, slurred speech, stumbling, and other conditions cannot be considered signs of intoxication until a comprehensive evaluation of the driver’s body has been conducted. A DUI lawyer will give you the exact criteria for determining whether you are intoxicated. Remember, too, that such results are controversial, and DUI lawyers have often disputed them. You have exactly 10 days to challenge the results and the decision of the Orlando DUI police officer. The prompt assistance of a DUI lawyer will help minimize the risks. If you go it alone, you might not be successful because you don’t know all the intricacies involved in interacting with the traffic police regulatory authorities. Help from an Orlando DUI defense attorney has led to several cancellations of the results of the analyzers that police use.
What are the fines for a drunk driving accident?
There is a graduated system of penalties. Each case is handled individually. Your lawyer will help you meet the deadlines and reduce the penalty if possible.
- First DUI violation. Depending on your blood alcohol content, you could spend up to nine months behind bars. Penalties range from $500 to $2,000. Driver’s license suspensions range from 180-366 days. Drunk driving lawyer assistance can help you reduce the penalties from the Orlando Judicial Department.
- Second DUI offense. The penalties are more severe, including imprisonment from nine to 12 months. Depending on the blood alcohol content, the fine can be up to $4,000. There is also a long-term driver’s license forfeiture. After reviewing your case, a drunk driving attorney may order an additional evaluation, creating a chance that your punishment will be waived based on new circumstances. An important condition is that you obtain the assistance of an attorney within 10 days of when the offense report was filed.
- Third offense DUI. This is the most severe category of punishment. This offense carries up to 12 months in jail and a $5,000 fine. Typically, this offense results in the loss of your driver’s license for life. If you have a third offense, you don’t have to put off the case, and you must appeal within 10 days. A lawyer can help you review the case and order a reexamination.
How DUI affects insurance
Insurance will not cover your drunk driving. On the other hand, if your driving caused an accident that injured another party, you are required to pay cash compensation based on your insurance coverage. If your drunk driving caused serious consequences to your health, the amount of your insurance coverage will be based on the degree of fault on a modified comparative fault scale. However, if the degree of fault is higher than 50% on your part, you will receive no compensation. If you have other insurance, you can get compensation for the accident. DUI lawyers can give you more information.
How many DUIs are happening in Orlando?
According to statistics from the Florida Department of Transportation, one in 65 driver’s licenses is revoked because of drunk driving. Until recently, state authorities had revoked 45-50 drivers’ licenses. Due to careful oversight, it has been possible to reduce the number of DUI offenses in Orlando. However, despite the decrease in offenses, the number of accidents related to drunk driving is increasing. Contact a personal drunk driving lawyer and get a free consultation on how to handle accident compensation payments in drunk driving accident cases. A DUI lawyer will work to minimize the risks of having your driver’s license revoked.
What will happen if this DUI is not the first one?
A DUI in Orlando has a graduated scale of penalties. There are three main categories of penalties for drunk driving. The most severe options are for third and fourth offenses, and all conditions must be met at the same time. If three consecutive violations occur within 10 years, and the next one occurs 10 years later, the count starts all over again. If a fourth offense occurs within 10 years, the drunk driver faces severe criminal penalties. The court penalties are the same as they are for a third offense, with a judge being able to take away your driver’s license for 10 years or life. After the 10-year term expires, you will have the right to get your license for only two years. Check with a DUI lawyer for more information about the penalties.
If drunk driving results in manslaughter, the court will impose criminal penalties ranging from four to 15 years, depending on how much alcohol was in your bloodstream. By contacting a attorney, you can obtain an objective and independent assessment of your guilty plea if you were driving under the influence of alcohol. The State of Florida, including Orlando County, has a “zero tolerance” standard for drivers who are under 21 and have been seen driving drunk. The service of a good Orlando DUI defense lawyer can help prevent penalties for those who are under 21 and who have not had an aggravated driving record.
FAQs
What should you do if you are caught drunk driving? Each case is different and requires careful consideration. A drunk driving attorney consultation can mitigate the risks of criminal and administrative penalties. Call a DUI attorney, who will explain your next steps. A free initial DUI attorney consultation is available to all clients.
How long will the proceedings take?
If you do not appeal within 10 days of the event, the decision comes into force on the 11th day and cannot be appealed. Experience has shown that it takes up to two months for a case to be heard. If aggravating circumstances resulted in a death or accident, the Orlando DUI defense lawyer’s litigation practice has provided for a three- to six-month trial. In some cases, due to circumstances beyond the control of both parties, the case may be tried for up to one calendar year. In addition, based on DUI lawyer’s practice, the first offense is tried within one month, while the second and third offenses are tried within two to three months. For the fourth aggravating circumstance, court cases were tried within a minimum of six months, based on Orlando drunk driving lawyer’s practice. Each case has unique characteristics. Your personal DUI defense lawyer can give you more precise information about how long a case will take.
Can I get jailed for drunk driving?
- First offense – up to 9 months;
- Second offense – 9 to 12 months;
- Third offense – 12 months.
Can I refuse to take an alcohol test?
Some people refuse to take a blood alcohol test. However, if you are caught drunk and refuse to take the test, you must voluntarily take the test yourself within three to five hours. The drunk driving attorney recommends that you take the test because there is an objective reason to do so.
- The police officer will offer to give you a free breath sample and blood test right at the place where the vehicle was stopped;
- You can refuse the test, except for the breath sample, but then you will have to go to the technician, pay him or her for the service, and provide proof of your body condition at the time of stopping the car;
- All tests must be taken no longer than 5.5 hours from the time when the car was stopped;
- The technician must have a permit to perform tests according to DUI regulations in Orlando.
If you refuse the test, it will be harder to prove your case to a drunk driving attorney. If you don’t know whether you should be tested, ask an accident attorney for advice.
What if the other driver didn't want to take a blood alcohol test right away?
DUI defense attorneys have seen many cases in which the other driver refused to take a blood alcohol test. Because of the 10-day driver’s license suspension rule, the other driver must obtain their own blood alcohol test from an independent technician. However, another Orlando drunk driving lawyer may question the results if the time frame for the tests was not met. There is now an electronic database of tests that allows all parties, including the DUI defense attorney, to keep track of the test results in the public domain.
Will the passengers receive some kind of payment after the accident, or only the driver?
In this case, you must consider the circumstances of the accident in which the drunk driver was driving, including where the passenger was injured, and the passenger’s suffering as a result of the accident. An Orlando drunk driving lawyer examines the circumstances of the case and determines the likelihood of receiving compensation payments. Passengers, just like the driver, may receive compensation from the insurance coverage calculation if each driver’s modified fault levels are recognized. Ask the DUI attorney for the exact calculation rules. For example, let’s say the parties expect to receive $165,000 in compensation. One driver is 35% at fault and the other driver is 65% at fault. In this case, the amount of compensation for the first driver would be $107,250, while the amount for the second driver would be $0. In the latter case, this is due to a feature of Orlando law, i.e., if one’s fault is greater than 50%, the compensation payment is $0. Sometimes, DUI attorney practices have seen situations in which the accident involved a pedestrian or cyclist, but the driver was intoxicated. In this case, you need a DUI lawyer to conduct a detailed examination of the accident’s issues and circumstances.
When should you contact a lawyer?
If you were involved in an accident, DUI defense lawyer recommends that you contact an attorney within 10 days of the accident report. During this time, the Orlando DUI defense lawyer will file a petition for review of the case and request a review of your blood and breath tests. The technician or police officer likely made a mistake that will result in the invalidation of the test results. Next, the Orlando DUI defense attorney will ask for a re-investigation of the case, with interviews of everyone involved in the circumstances surrounding the drunk driver’s arrest. If you miss the 10-day deadline to appeal, it will be impossible to cancel the orders and other documents of the police officer and technician. At that point, only the prosecutor can cancel said documents. Your Orlando DUI lawyer must have a good reason to file a petition. Otherwise, your DUI lawyer will receive a reasonable denial.
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THE NUNEZ LAW FIRM ORLANDO LOCATION
(407) 264-8773
TheNunezLawFirm@gmail.comWe are open Monday-Friday 9am-5pm.