Being arrested for DUI (Driving Under the Influence) in Orlando, Florida, is a serious matter that requires immediate and informed action. Knowing what steps to take following your arrest can make a significant difference in the outcome of your case. This guide will help you understand the necessary steps, relevant statutes, legal definitions, potential penalties, and why it is essential to have an experienced Florida DUI lawyer by your side.
When you are pulled over and suspected of DUI, it is crucial to remain calm and comply with law enforcement officers. Aggressive behavior or resistance can lead to additional charges. Provide your identification, but avoid making any statements regarding your alcohol or drug consumption.
You have the constitutional right to remain silent. Politely inform the officers that you wish to exercise this right and request to speak with an attorney. Do not answer any questions about your activities, where you have been, or what you have consumed.
Immediately after your arrest, contact a skilled DUI lawyer who is familiar with Florida DUI laws. An experienced attorney can guide you through the legal process, protect your rights, and build a strong defense on your behalf.
While the details are still fresh in your mind, document everything you remember about the traffic stop and arrest. Note the time, location, reason given by the officer for the stop, and any field sobriety tests performed. This information can be crucial for your defense.
Florida DUI Statutes
Understanding the laws related to DUI in Florida is essential to grasp the severity of the charges and potential penalties.
Florida Statutes § 316.193 defines DUI and outlines the legal framework for offenses. A person is guilty of DUI if they are driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that their normal faculties are impaired, or if they have a blood-alcohol level (BAL) of 0.08% or more.
Florida Statutes § 322.2616 deals with the administrative suspension of driving privileges for individuals under the age of 21 who are found to have a BAL of 0.02% or more. Known as the "Zero Tolerance" law, it aims to deter underage drinking and driving.
Florida Statutes § 316.1934 establishes presumptions regarding impairment. For example, a BAL of 0.08% or higher is considered prima facie evidence that a person is under the influence of alcohol.
Florida DUI Legal Definitions
To fully understand a DUI charge, it is crucial to comprehend the legal definitions associated with DUI offenses.
Driving Under the Influence (DUI)
DUI refers to operating a vehicle while impaired by alcohol, drugs, or other substances that affect the driver’s ability to operate the vehicle safely. Impairment can be shown through physical or mental symptoms or by having a BAL above the legal limit.
Blood Alcohol Level (BAL)
BAL, also known as Blood Alcohol Concentration (BAC), measures the amount of alcohol in a person's bloodstream. Expressed as a percentage, a BAL of 0.08% or higher is considered legally impaired for drivers over 21. For drivers under 21, the threshold is 0.02%.
Actual Physical Control
Actual physical control means having the capability to operate the vehicle, even if it is not in motion. This includes situations where the driver is seated in the driver’s seat with the keys in the ignition, even if the engine is off.
Potential Fines, Jail Time, Probation, and Other Potential Consequences if Convicted
The penalties for a DUI conviction in Florida are severe and can have long-lasting effects on your life. They vary based on the circumstances of the offense and any prior DUI convictions.
Fines
- First Offense: Fines range from $500 to $1,000. If the BAL is 0.15% or higher, or if a minor is in the vehicle, fines increase to $1,000 to $2,000.
- Second Offense: Fines range from $1,000 to $2,000. If the BAL is 0.15% or higher, or if a minor is in the vehicle, fines increase to $2,000 to $4,000.
- Third Offense (within 10 years): Fines range from $2,000 to $5,000. If the BAL is 0.15% or higher, or if a minor is in the vehicle, fines are not less than $4,000.
Jail Time
- First Offense: Up to 6 months in jail. If the BAL is 0.15% or higher, or if a minor is in the vehicle, up to 9 months.
- Second Offense: Up to 9 months in jail. If the BAL is 0.15% or higher, or if a minor is in the vehicle, up to 12 months.
- Third Offense (within 10 years): Mandatory minimum of 30 days in jail, with a maximum of 5 years if classified as a third-degree felony.
Probation
Probation is commonly imposed for DUI convictions, including conditions such as community service, DUI school, and substance abuse treatment. The probation period cannot exceed one year for a first or second offense.
Other Potential Punishments
Other consequences include mandatory installation of an ignition interlock device, vehicle impoundment, and mandatory community service. Convictions also result in a permanent criminal record, affecting future employment opportunities and professional licenses.
Why People Get Pulled Over Leading to a DUI in Florida
Understanding the common reasons for traffic stops that lead to DUI arrests can help you be more aware and cautious while driving.
Erratic Driving
Erratic driving behaviors, such as swerving, speeding, or driving too slowly, often prompt police officers to initiate a traffic stop. These behaviors suggest that the driver may be impaired.
Traffic Violations
Routine traffic violations, such as running a red light, failing to use a turn signal, or not stopping at a stop sign, can lead to a traffic stop. During the stop, if the officer suspects impairment, it may escalate to a DUI investigation.
Accidents
Police officers frequently respond to traffic accidents. If there is suspicion that one of the drivers is impaired, the investigation may lead to a DUI arrest.
Checkpoints
DUI checkpoints, also known as sobriety checkpoints, are legal in Florida. Police officers set up these checkpoints to randomly stop vehicles and check for signs of impairment. If the officer suspects a driver is impaired, they may conduct further tests and make an arrest.
Signs of Impairment Police Look For During a Traffic Stop
During a traffic stop, officers look for specific signs of impairment to determine if a DUI investigation is warranted.
Physical Appearance
Officers observe the driver's physical appearance, looking for signs such as bloodshot eyes, flushed face, or disheveled clothing, which may indicate impairment.
Odor of Alcohol
The smell of alcohol on the driver's breath or emanating from the vehicle is a strong indicator that the driver may be under the influence.
Slurred Speech
Slurred or incoherent speech is a common sign of alcohol impairment. Officers will listen for speech abnormalities when the driver speaks.
Unsteady Movement
Officers will observe the driver's movements, looking for signs of unsteadiness or lack of coordination, such as fumbling with their driver's license or swaying while standing.
Field Sobriety and Roadside Chemical Testing
If an officer suspects a driver is impaired, they may conduct field sobriety tests and roadside chemical testing to gather evidence.
Field Sobriety Tests
Field sobriety tests (FSTs) are physical and cognitive tasks designed to assess a driver's impairment. Common FSTs include:
- Horizontal Gaze Nystagmus (HGN): The officer observes the driver's eye movements as they follow a moving object, looking for involuntary jerking.
- Walk-and-Turn: The driver is instructed to walk a straight line, heel-to-toe, turn around, and walk back, observing balance and coordination.
- One-Leg Stand: The driver must stand on one leg while counting aloud, testing their balance and ability to follow instructions.
Roadside Chemical Testing
Roadside chemical tests typically involve a breathalyzer, which measures the driver's BAL. If the breathalyzer indicates a BAL above the legal limit, the driver may be arrested for DUI. Refusal to take the test can result in immediate license suspension under Florida's implied consent law.
The DUI Arrest Process in Florida
Understanding the DUI arrest process can help you navigate the situation more effectively if you find yourself in this position.
Arrest
If the officer determines there is probable cause to believe you are driving under the influence, you will be placed under arrest. The officer will read you your Miranda rights, which include the right to remain silent and the right to an attorney.
Transportation to Jail
After the arrest, you will be transported to a local jail or detention facility for booking. During this time, your personal belongings will be taken, and you will be photographed and fingerprinted.
Booking
Booking is the administrative process of recording your arrest. It involves documenting your personal information, the charges against you, and your fingerprints and photograph. You will be held in custody until your initial appearance before a judge.
The Criminal Justice Case Process in Florida for DUI
The criminal justice process for a DUI charge involves several stages, each critical to the outcome of your case.
Initial Appearance
At the initial appearance, also known as the first appearance, you will go before a judge who will inform you of the charges, explain your rights, and set bail. This hearing typically occurs within 24 hours of your arrest.
Arraignment
During the arraignment, you will enter a plea of guilty, not guilty, or no contest to the DUI charge. This is a crucial stage where legal representation is essential to advise you on the best course of action.
Pre-Trial Motions and Discovery
The pre-trial phase involves filing motions to address legal issues, such as the admissibility of evidence or the legality of the traffic stop. Both the prosecution and defense will exchange evidence and information through the discovery process.
Plea Bargaining
Many DUI cases are resolved through plea bargaining, where the defense and prosecution negotiate a deal. This could involve pleading guilty to a lesser charge in exchange for reduced penalties. An experienced attorney can negotiate favorable terms on your behalf.
Trial
If a plea agreement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and arguments before a judge or jury. The prosecution must prove your guilt beyond a reasonable doubt, while the defense challenges the evidence and presents its case.
Sentencing
If convicted, the case moves to the sentencing phase. The judge considers various factors, including the severity of the offense, your criminal history, and any mitigating circumstances. Sentencing may include fines, jail time, probation, community service, and mandatory DUI programs.
Common Defenses Against DUI Charges
Defending against DUI charges requires a thorough understanding of the law and effective legal strategies.
Challenging the Traffic Stop
One common defense is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion or probable cause to stop your vehicle, any evidence obtained during the stop may be inadmissible in court.
Questioning Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by various factors, such as medical conditions, fatigue, or nervousness. An experienced attorney can challenge the accuracy and reliability of these tests.
Contesting Chemical Test Results
Chemical tests, such as breathalyzers, are not infallible. Factors like improper calibration, device malfunction, or improper administration can lead to inaccurate results. An attorney can question the validity of the test results and the procedures followed.
Lack of Probable Cause for Arrest
If the officer lacked probable cause to arrest you for DUI, any evidence obtained after the arrest may be suppressed. This could include chemical test results and statements made during the arrest.
Medical Conditions
Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can produce symptoms that mimic impairment or affect chemical test results. Presenting medical evidence can be an effective defense strategy.
Why Defendants for This Crime Need an Attorney and Why They Should Choose Musca Law, P.A.
Facing a DUI charge is a serious matter that requires expert legal representation. Here are several reasons why defendants need an attorney and why Musca Law, P.A. is the right choice:
Expertise in DUI Law
An experienced attorney understands the complexities of DUI cases and the specific challenges associated with them. They can provide invaluable guidance, build a strong defense, and advocate for the defendant's rights throughout the legal process.
Strategic Defense Planning
An attorney can develop a comprehensive defense strategy tailored to the specifics of the case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court.
Negotiation Skills
Many DUI cases are resolved through plea bargaining. An experienced attorney can negotiate with the prosecution to secure favorable outcomes, such as reduced charges or lighter sentences. Effective negotiation can significantly impact the case's outcome.
Protecting Constitutional Rights
An attorney ensures that the defendant's constitutional rights are protected throughout the criminal justice process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.
Proven Track Record
Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. Their extensive experience and dedication to their clients have resulted in favorable outcomes for many individuals facing similar charges.
Comprehensive Legal Support
Musca Law, P.A. provides comprehensive legal support, including representation at all stages of the criminal justice process. They are committed to achieving the best possible outcome for their clients and are available 24/7 to address any legal concerns.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing DUI charges in Orlando, Florida, it is crucial to act quickly and seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.