DUI Defense Lawyers in Orange County, Florida
Laws, Charges, Punishments, and Legal Defenses for Orange County Driving Under Influence (DUI) of Alcohol or Drugs
Driving under the influence (DUI) crimes in Orange County, Florida, are on an overall downward trend given the significant number of ride-share vehicles (such as Uber and Lyft) available throughout the county. However, with a population of nearly 1.4 million, DUIs are still routinely charged crimes in Orange County. DUIs are generally not considered very serious when they do not involve any aggravating factors. Additionally, a significant number of DUIs charged in Orange County are for first or second offenses, which are misdemeanors. Moreover, many individuals facing DUI charges in Orange County are otherwise law-abiding citizens with no criminal record. As such, even though DUIs are not crimes that typically land a person in jail, they do result in numerous negative and long-lasting consequences.
The Orange County DUI Defense Lawyers of Musca Law have helped many clients avoid DUI convictions and jail time. When DUI cases cannot be dismissed, our lawyers seek to reduce charges to an offense that does not have as harsh an impact as a DUI conviction. With more than 150 years of combined professional experience, the Orange County DUI Defense Lawyers of Musca Law excel at providing superior legal representation to clients. Our lawyers also have good relationships with Orange County prosecutors and judges, which helps when trying to dismiss or negotiate DUI charges. To speak with one of our Orange County DUI Defense Lawyers, contact Musca Law today by calling (888) 484-5057.
DUI Laws and Penalties in Orange County, Florida
Any person charged with DUI in Orange County faces potential jail time and fines. Although jail time and fines are not the common outcomes to a first or second DUI offense, anyone facing DUI charges should proceed as if jail time and fines are the potential outcomes. A qualified Orange County DUI Defense Lawyer will use good negotiation skills to help a client avoid harsh penalties. Depending on the unique facts of a DUI case, an Orange County DUI Defense Lawyer may be successful in dismissing DUI charges if the prosecution cannot meet its burden of proof.
Per Florida Statute Section 316.193(1), Orange County prosecutors must prove the following to convict a person of driving under the influence:
- The driver was driving and/or had actual physical control of the vehicle at issue in the alleged DUI offense; AND
- The driver’s normal faculties were impaired by being under the influence of alcohol or drugs; OR
- The driver’s blood-alcohol level was .08 or more grams of alcohol per 100 milliliters of breath; OR
- The driver’s breath-alcohol level was .08 or more grams of alcohol per 210 liters of breath.
Most DUI offenses involve the alleged use of alcohol. However, many different scenarios, aside from having a BAC of .08 or more, can give rise to a DUI charge in Orange County. Before determining whether a person was under the influence of alcohol or drugs while driving, prosecutors must first prove that the accused person was actually driving and/or in actual physical control of the vehicle. If the person was a passenger who was wrongly accused of driving or being in actual physical control of the vehicle, an Orange County DUI Defense Lawyer may seek dismissal of DUI charges.
If prosecutors establish that a person was driving and/or in actual physical control of the vehicle, they then must prove one of three elements to convict a person of DUI. However, the first of the three elements – whether a person’s normal faculties were impaired because of the use of alcohol or drugs – is one that is disputable, especially when BAC results are below .08. As such, a quality Orange County DUI Defense Lawyer will question the evidence used to prove a person was impaired. A police officer has the discretion to make such a determination when arresting a person on suspicion of DUI.
If a prosecution’s case is indisputable, an Orange County DUI Defense Lawyer will seek to lessen the consequences as much as possible for the accused person. One option may be to plead guilty to a less serious charge, such as a moving violation. However, only a lawyer with superior negotiation skills can reach the most favorable result for clients who otherwise would be facing DUI convictions in Orange County.
Jail Time and Fines for DUI Convictions in Orange County
Under Florida law, there are numerous levels of DUI offenses that range from unclassified misdemeanors to first-degree felonies. Of course, the specific facts of a person’s case will determine the level of the crime, and therefore, the extent of the punishment. Florida classifies the various DUI offenses as follows:
|
Offense |
Classification |
Maximum Jail Time |
Maximum Fine |
|
First DUI |
Unclassified Misdemeanor |
Six Months |
$1,000 |
|
First DUI with Minor Under 18 in Vehicle |
Unclassified Misdemeanor |
Nine Months |
$2,000 |
|
First DUI |
Unclassified Misdemeanor |
Nine Months |
$2,000 |
|
Second DUI |
Unclassified Misdemeanor |
Nine Months |
$2,000 |
|
DUI Involving Damage to Property |
First-Degree Misdemeanor |
One Year |
$1,000 |
|
Second DUI |
Unclassified Misdemeanor |
One Year |
$4,000 |
|
Third DUI (More than 10 Years Later) |
Unclassified Misdemeanor |
One Year |
$5,000 |
|
Third DUI |
Third-Degree Felony |
Five Years |
$5,000 |
|
Fourth DUI |
Third-Degree Felony |
Five Years |
$5,000 |
|
DUI Involving Bodily Injury |
Third-Degree Felony |
Five Years |
$5,000 |
|
DUI Manslaughter (Death of Another Person or Unborn Child) |
Second-Degree Felony |
Fifteen Years |
$10,000 |
|
DUI Manslaughter with Failure to Render Aid |
First-Degree Felony |
Thirty Years |
$10,000 |
While most first and second DUI offenses are misdemeanors, and therefore, the potential jail time associated with these DUI offenses is typically one year or less, the monetary fines associated with these lower-level DUI offenses are quite substantial. As such, it is well worth a person’s time to find an Orange County DUI Defense Lawyer who can help to minimize the severe impact a DUI conviction can have on a person’s life.
Additional Penalties for DUI Convictions in Orange County
Avoiding jail time and thousands in fines is certainly a favorable outcome to any Orange County DUI case. However, DUI cases involve additional consequences that a convicted person should expect to face, including, among others, the following:
- Probation, which may exceed one year;
- The requirement to attend alcohol and drug counseling;
- The requirement to submit to random alcohol and drug testing;
- The requirement to install an ignition interlock device in every vehicle driven by the accused person;
- Suspension or revocation of the accused person’s driver’s license, which may be temporary or permanent, depending on the facts of the DUI case; and
- The stigma of having a criminal conviction on one’s record.
Consequences of DUI convictions in Orange County can become a significant burden that affects a person’s daily life for months, if not years. Moreover, the consequences identified above may be imposed in cases where a DUI charge is lowered to a less-serious moving violation. In such cases, an accused person may have to agree to certain terms in exchange for (1) avoiding a DUI conviction in Orange County, and (2) avoiding jail time and fines associated with a DUI conviction in Orange County.
Steps to Dismissing DUI Charges in Orange County
Orange County prosecutors are strong advocates that often seek the maximum penalty when pressing DUI charges (or any other criminal charges). As such, individuals facing Orange County DUI charges should have an even stronger advocate on their side. The right Orange County DUI Defense Lawyer will investigate all ways in which a DUI charge could be dismissed. Dismissal is, without question, the best outcome for anyone facing DUI charges. However, to reach this result, an Orange County DUI Defense Lawyer must demonstrate that prosecutors have insufficient evidence to convict an accused person at trial. Also, when evidence in a DUI case has been illegally obtained, an Orange County DUI Defense Lawyer will seek to dismiss charges on technical grounds, as illegally-obtained evidence cannot be used to convict a person at trial.
To determine whether evidence is insufficient and/or illegally-obtained (and therefore, inadmissible at trial), an Orange County DUI Defense Lawyer will thoroughly evaluate the case to identify the prosecutions’ weaknesses and exploit those weaknesses. For example, if a DUI charge in Orange County rests on a law enforcement officer’s conclusion that a driver’s normal faculties were impaired rather than on scientific evidence – such as a BAC reading of .08 or more – a lawyer may have a strong argument to seek dismissal of DUI charges.
Additionally, if the evidence suggests that law enforcement officials violated a person’s constitutional rights at any point between the time the person is pulled over by police to the time the person is questioned after being taken into custody, grounds may exist to seek dismissal of DUI charges. For instance, a failure to read an arrested person his/her Miranda rights is a big mistake that some law enforcement officers make. Failing to inform a person of his/her right to remain silent may lead to the disclosure of incriminating information that, if true, could land a person in jail. However, such incriminating information cannot be used to secure a conviction at trial if it was illegally obtained, and any DUI case that rests upon such evidence or information should be dismissed.
Law Enforcement’s Power to Detain Individuals Suspected of DUI in Orange County
Being arrested on suspicion of DUI in Orange County can be a frightening and stressful experience for an accused person (especially when he or she is being arrested for the first time). Many individuals arrested on suspicion of DUI do not have a good understanding of their legal rights. As such, many of these individuals unknowingly relinquish their rights by speaking with law enforcement officers without a lawyer present. One small decision to speak to law enforcement officers without a lawyer present can have a substantially negative impact on the case. Anyone facing DUI charges in Orange County should know what to expect after being arrested and should know how long they may have to spend in jail before being released.
Under Florida Statute Section 316.193(9), law enforcement officials have the power to detain individuals arrested on suspicion of DUI for a certain period of time following the arrest. Once any one of the below elements has been met, Orange County law enforcement officials must release the accused person from jail.
- The accused person’s BAC reading is less than .05;
- The accused person’s normal faculties are no longer impaired by alcohol or drugs; or
- The accused person has been in detention/jail for at least 8 hours.
Holding an accused person for longer than allowable under Florida law can weaken the prosecution’s case. However, without the assistance of a qualified Orange County DUI Defense Lawyer who can identify such a misstep, many accused persons do not challenge such clearly unlawful conduct. Ways in which legal grounds can lead to the dismissal of DUI and other criminal charges are vast, but only a highly-skilled Orange County DUI Defense Lawyer can identify every potential legal argument that may support dismissal or lowering of DUI charges.
How to Choose the Right Orange County DUI Defense Lawyer for Your Case
It is not uncommon for lawyers in Orange County to handle multiple practice areas of the law, such as, among others, traffic tickets, low-level criminal offenses, DUI defense, personal injury, and family law. Although such lawyers and firms may successfully help clients, choosing a lawyer and firm that does nothing but criminal law can help an accused individual reach a better result. By handling only criminal matters, a qualified Orange County DUI Defense Lawyer has the necessary time to dedicate to a client’s case. Multi-functional law firms may not have sufficient time or energy to fully devote themselves or their resources to defend a client in an Orange County DUI case successfully.
As such, anyone facing DUI charges in Orange County should consider looking for a lawyer or firm that exhibits the following qualities:
- Documented track record of success in Orange County DUI matters as well as other Orange County criminal matters;
- Positive client reviews;
- A good reputation with Orange County prosecutors and judges;
- A strong legal team and support staff with the necessary workforce to ensure all clients receive the best legal representation possible;
- Experience handling DUI and criminal matters beyond the confines of Orange County; and
- A well-versed understanding of DUI laws and how aggressively prosecutors will pursue DUI cases in Orange County.
An expectation of what prosecutors typically do in an Orange County DUI case is an important quality a DUI defense lawyer must possess. By anticipating what prosecutors will do in a given DUI case, an Orange County DUI Defense Lawyer can help clients achieve the best result possible given the facts of the case. While no lawyer can guarantee a favorable outcome, the odds of reaching such a favorable outcome are substantially greater when a client works with a superior Orange County DUI Defense Lawyer.
The Cost to Retain the Right Orange County DUI Defense Lawyer
The cost to hire a lawyer is not always cheap, but like most things in life, you get what you pay for. While any lawyer licensed in Florida can walk into a courtroom and take on an Orange County DUI case, that lawyer may not possess the necessary skill set to represent a client’s rights successfully. Such a lawyer may be inexpensive or even free (in the case where the lawyer is a friend of the accused person, for example). Representing a client as a favor can be dangerous territory when the lawyer has little to no experience handling DUI matters in Orange County or elsewhere in the state of Florida.
Also, while public defenders handle nothing but criminal law, they do not always have the resources to devote substantial time to a person’s case. Public defenders do not cost the accused person any money, but they may cost a person his or her freedom if they are unable to dismiss or lower DUI charges. As such, the cost of hiring the right Orange County DUI Defense Lawyer will is one that does not compare to the mental and financial cost of facing a DUI conviction. Paying to hire the best Orange County DUI Defense Lawyer for the job is well worth it when the outcome avoids a harsh criminal conviction and associated jail time.
Contact the Orange County DUI Defense Lawyers of Musca Law Today
If you have been charged with driving under the influence in Orange County, Florida, you do not have much time to act to retain an Orange County DUI Defense Lawyer in Orlando, Florida who can help you avoid jail time. The DUI Defense Attorneys of Musca Law are well-known for achieving positive results for clients throughout Orange County and the rest of the state of Florida.