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Criminal Defense Lawyer in Orlando, FL

DUI Attorney

In Florida, law enforcement officers, prosecutors, and judges consider driving under the influence cases as a significant public safety concern. They understand that a driver's impaired judgment and physical abilities can pose a significant danger to others on the road. Given the severe penalties associated with a DUI conviction, it is crucial to seek the advice of an experienced DUI defense attorney. The legal team at Hanlon Law has extensive experience in navigating the criminal justice system, and we provide our clients with aggressive representation to fight against DUI charges, with the ultimate goal of getting them dismissed or reduced.


Definition of DUI Charges in Florida 



Florida law, specifically Statute 316, prohibits the operation of a motor vehicle while under the influence of alcohol or drugs. This offense, commonly known as a DUI or DWI, is a serious crime that carries severe consequences. Law enforcement officers often use chemical, blood, breath, or urine tests to measure a driver's level of impairment. The following factors can lead to a DUI conviction:


  • A blood alcohol level (BAL) of .08% or higher for those over 21
  • A BAL of .02% or higher for those under 21
  • A chemical or controlled substance 


If law enforcement officers have enough evidence to demonstrate that a person was driving under the influence, they can charge that person with a DUI, even if no chemical test was conducted.


DUI Penalties 


DUI penalties in Florida are determined by various factors such as the number and timing of previous DUIs, presence of a minor in the vehicle during the offense, blood alcohol level (BAL) of 0.15 or higher, and causing injury or death while driving under the influence. The severity of the penalty is dependent on these factors and can result in consequences such as:


  • Expensive fines.
  • Community service.
  • Time in prison from 6 months up.
  • Long probationary periods.
  • Attending DUI school.
  • Having your vehicle impounded for 10 days or longer.
  • Having your driver's license revoked.
  • An ignition interlock device is placed on your car. 


Florida requires drivers convicted of DUI to use an ignition interlock device, which periodically measures their blood alcohol level by requiring them to breathe into it and transmits the data to the Department of Motor Vehicles. For a first DUI conviction, the judge has discretion to decide whether to impose this requirement, but for a second DUI, it is mandatory. While most DUIs in Florida are considered misdemeanors, causing injury or death while driving under the influence can elevate the charge to a first-degree felony. In such cases, penalties may include up to 30 years in prison if the crime fits the definition of Manslaughter or Vehicular Homicide and the driver leaves the scene.


Defenses to DUI Charges 


If you are facing DUI charges in Florida, you have several possible defenses available to you under the law. A key defense strategy may involve challenging the validity of two fundamental elements of a DUI charge: whether you were actually in control of the vehicle and whether you were actually impaired at the time of your arrest. In addition, your lawyer may challenge the accuracy of the breathalyzer, the experience of the officer who administered the test, and the reliability of the lab that performed any blood tests.


It is important to note that you have the right to refuse a breathalyzer or other chemical test, but Florida's implied consent law permits the use of your refusal as evidence against you, and your driver's license will be automatically suspended for one year.


Protect Your Future Against a DUI Conviction 


DUI convictions come with severe penalties, and it is crucial to seek the assistance of a criminal defense lawyer to fight against them. Time is of the essence, as your license will be automatically suspended, effective immediately. You have only ten days to request an administrative review of your license suspension after your arrest. At the hearing, your DUI attorney can present defenses to extend your driving privileges while awaiting the final verdict. The outcome of this hearing significantly impacts your case. Hanlon Law's lawyers are well-versed in combating DUI charges and fighting for your rights.


If you are in need of a DUI lawyer in Kissimmee, FL, contact the criminal defense attorneys at Hanlon Law today.

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