DUI Defense Attorneys in Orlando

Dedicated Orlando DUI Defense Lawyers Ready To Help You

Driving under the influence (DUI) is one of the most serious traffic offenses under Florida law, carrying penalties that can significantly impact your life. Convictions may result in fines, license suspension, community service, or even jail time.

If you’ve been arrested for drunk or drugged driving in Orange County, FL, immediate legal representation is critical. At Moses & Rooth Attorneys at Law, our experienced Orlando DUI defense attorneys in Orlando are committed to protecting your rights and achieving the best possible outcome for your case. Contact us today for a confidential consultation.

We are experienced in handling all major traffic violations and DUI charges, including:

• DUI and Manslaughter
• DUI Driver’s License Suspension
• DUI Penalties
• Field Sobriety Test
• Multiple DUI Offenses
• Orlando Traffic Ticket Lawyer
• Prescription Drug DUI Charges
• Refusal of a Breath Test

Further, we have handled these charges on “both sides” of the law — as defense lawyers and as criminal prosecutors.

Understanding Florida DUI Laws

Florida law takes DUI offenses very seriously, regardless of the circumstances. Even a first-time offense can lead to harsh penalties, including fines, probation, and license suspension. For repeat offenders, penalties escalate and may include mandatory jail time.

Some circumstances can increase the severity of a DUI charge, such as:

• Having a child in the car at the time of the offense;
• Causing an accident that results in injury or death; or
• Recording a blood alcohol concentration (BAC) significantly over the legal limit.

DUI charges in Florida are complex, and having an experienced attorney by your side is crucial to understanding the potential consequences and your options for defense.

How Our Orlando DUI Defense Lawyers Can Help Save Your License

Did you know that your driver’s license can be suspended before you have ever had your day in court?

Under Florida law, a person who has been arrested for a DUI is subject to an immediate administrative suspension of their driver’s license.

The good news is that you can typically stop this from happening.

From the date of your arrest, you have ten days to submit a request to have the administrative suspension reviewed. To save your license, please get help from an experienced Orlando DUI defense attorney.

DUI Defense Strategies

Drunk or impaired driving poses a significant risk to public health and safety. Therefore, state and federal laws allow the police to identify offenders and charge them with the crime of DUI. However, the U.S. Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense.

In Florida, various defenses are available if the State has accused, arrested, or charged you with DUI. The defenses typically involve suppressing evidence, presenting an affirmative defense, or negating an element of the offense. Understanding your rights and remedies is crucial to presenting a compelling defense and minimizing penalties and consequences. It’s always wise to consult with a DUI attorney in Orlando to discuss potential defenses.

Suppression Defense

Those accused of DUI in Florida can challenge their charge based on constitutional, legal, or administrative grounds. These challenges typically involve filing a motion to suppress evidence. A motion to suppress asks the court to exclude certain types of incriminating evidence or statements, but it will only be successful if it is based on appropriate legal grounds. Some common grounds for a DUI motion to suppress involve challenging the following:

• Traffic stop,
• Field sobriety test,
• Breath test,
• Blood test, or
• Urine test.

Most of these challenges stem from improper procedures, mistakes, or constitutional violations by law enforcement.

Negating an Element

In Florida, the State must prove every element of a DUI case to secure a conviction. This means that prosecutors must prove the following:

1. The accused was driving or in actual physical control of a vehicle;
2. While in control of the vehicle, the accused was under the influence of drugs or alcohol; and
3. This influence impaired the accused’s faculties.

An accused may craft a defense based on negating any one of the above elements. For example, a defense that negates an element may include the following:

• Asserting that the State cannot prove who was driving;
• Contending that the State cannot prove that the accused was under the influence either because the tests were improperly administered or otherwise in error, or because the symptoms observed were due to a different illness; or
• Arguing that no one could drive the car because it was inoperable.

These are just a few possible ways to negate an element of a DUI charge. The viability of these defenses hinges on the unique circumstances of the offense and the experience of a DUI attorney in Orlando.

Affirmative Defenses

Generally, DUI defenses involve discrediting or disproving the government’s case. As such, the prosecutor maintains the burden to prove all of the elements of the offense, and a defense attorney will work to prevent the government from meeting that burden. 

In contrast, an affirmative defense places the burden of proof on the person who is accused.

Affirmative defenses are available in Florida DUI cases. However, this strategy can be risky and involves a comprehensive understanding of complex legal concepts. If your lawyer wants to use an affirmative defense, that means that you admit you were driving under the influence, but circumstances excuse or justify your behavior. Let’s look at some affirmative defenses for a Florida DUI case:

• Necessity. Necessity involves admitting to DUI but arguing that some emergency created no other option. Necessity is not a common defense to DUI charges in Florida because the threshold for what amounts to an emergency is high.
• Duress. Duress involves admitting to DUI but arguing that you had no choice because someone made you commit the crime through force, coercion, or duress.
• Entrapment. You may assert an entrapment defense if you can successfully argue that law enforcement caused you to commit a crime you would not otherwise commit. While this defense can work in some cases, it is not as likely to work for a DUI.
• Involuntary Intoxication. Involuntary intoxication may be a viable defense if you can prove you did not consume the drugs or alcohol of your own free will.

Affirmative defenses are case-specific. You should work with an Orlando DUI lawyer to ensure the defense does not compromise your rights.

Overview of DUI Penalties in Florida

The penalties you face will depend on whether this is your first offense or if you have been convicted of DUI within the last 10 years.

For your first DUI offense, you may face the following penalties:

• Fines—$500- $1,000;
• Jail—up to six months in the county jail;
• Vehicle impoundment—mandatory 10 days of vehicle impoundment;
• Probation—up to one year of supervised probation;
• Driver’s license suspension—can range from six months to a year suspension;
• Ignition interlock—up to six months;
• Community service—a minimum of 50 hours of community service;
• DUI Counterattack school—must attend an approved DUI Counterattack school;
• Evaluation and treatment—have a substance abuse evaluation and follow through with recommended treatment; and
• Victim awareness—must attend a victim awareness course.

If you have a second offense for DUI within five years of a first DUI conviction, you may face the following repercussions:

• Fines—$500-$2,000;
• Jail—must serve a minimum of 10 days in the county jail, and the maximum amount of jail time is nine months;
• Vehicle impoundment—mandatory 10 days of vehicle impoundment;
• Probation—up to one year of supervised probation;
• Driver’s license suspension—five years;
• Ignition interlock—a minimum of 12 months;
• DUI Counterattack school—must attend an approved DUI Counterattack school;
• Evaluation and treatment—have a substance abuse evaluation, and follow through with recommended treatment; and
• Victim awareness—must attend a victim awareness course.

If you have a second offense for DUI outside of five years of your first DUI conviction, you may face the following consequences: 

• Fines—$500- $2,000;
• Jail—up to nine months in the county jail;
• Vehicle impoundment—mandatory 10 days of vehicle impoundment;
• Probation—up to one year of supervised probation;
• Driver’s license suspension—between six months and one year;
• Ignition interlock—a minimum of 12 months;
• DUI Counterattack school—must attend an approved DUI Counterattack school;
• Evaluation and treatment—have a substance abuse evaluation, and follow through with recommended treatment; and
• Victim awareness—must attend a victim awareness course.

If you have a third offense for DUI within ten years of your first DUI conviction, you may have the following penalties:

• Fines—$1000- $5000;
• Jail—Must serve a minimum of 30 days in the county jail.The maximum amount of jail time is twelve months;
• Vehicle impoundment—mandatory 10 days of vehicle impoundment;
• Probation—up to one year of supervised probation;
• Driver’s license suspension—10 years;
• Ignition interlock—a minimum of 24 months;
• DUI Counterattack school—must attend an approved DUI Counterattack school;
• Evaluation and treatment—have a substance abuse evaluation, and follow through with recommended treatment; and
• Victim awareness—must attend a victim awareness course.

If you have four or more DUI felony offenses, you may encounter the following punishments:

• Fines—$1,000- $5,000;
• Jail—The maximum amount of jail time is five years;
• Vehicle impoundment—mandatory 10 days of vehicle impoundment;
• Probation—up to five years of supervised probation;
• Driver’s license suspension—permanent revocation;
• Ignition interlock—a minimum of 24 months;
• DUI Counterattack school—must attend an approved DUI Counterattack school;
• Evaluation and treatment—have a substance abuse evaluation, and follow through with recommended treatment; and
• Victim awareness—must attend a victim awareness course.

At first glance, many of these penalties may seem similar regardless of the number of offenses, but it’s important to remember that with each conviction, license suspensions become longer, jail time increases, and fines escalate.

Understanding Florida’s Implied Consent Law

Florida’s implied consent law requires drivers to submit to a breath, blood, or urine test if law enforcement has probable cause to suspect impairment. By obtaining a driver’s license, you have already agreed to this condition. While you can still elect to refuse the test, there can be serious consequences for doing so.

• Refusal consequences. Refusing a breathalyzer or chemical test results in an automatic administrative suspension of your driver’s license for up to one year for the first refusal and 18 months for subsequent refusals. Additionally, refusing a test may be used against you in court as evidence of guilt.
• Challenging refusal penalties. Even if you refused a test, you have options. An experienced DUI defense lawyer in Orlando can review your case and may argue that the refusal was not willful or that the officer lacked probable cause for the test. 

These challenges may help you retain your license and mitigate penalties.

Sentencing and Post-Conviction Considerations in Orlando

Florida maintains a set of mandatory penalties for those convicted of DUI. Accordingly, judges do not have discretion and must impose certain restrictions. These repercussions include:

• Probation,
• Driver’s license suspension,
• Vehicle impoundment,
• Fines, and
• DUI School.

Judges have the discretion to impose additional punishments. However, a DUI defense attorney can help you secure less severe punishments.

Sentencing Options for Those Convicted of DUI in Orlando

Under Florida law, judges can order alternative sentences as credit toward jail time. However, these alternatives are typically only available for first-time offenders with misdemeanor DUI convictions. DUI offenders in Florida may be eligible for electronic monitoring, work release, and residential treatment programs. Further, an attorney may help facilitate DUI courses and community service options and assist with license revocation issues.

Appealing a DUI Conviction

Those convicted of DUI in Florida may challenge their conviction or sentence. Appeals are much more complicated than initial trials and require a comprehensive understanding of complex appellate procedures and substantive laws. However, a successful appeal can lead to a reversal, a new trial, or a new sentencing hearing. 

Expungement of a DUI conviction

Florida has some of the strictest expungement laws in the nation. As a result, Florida DUI convictions cannot be expunged or sealed. However, those whose DUI charges were dismissed, dropped, or reduced may be eligible to have their records sealed or expunged.

Impact of a DUI Conviction on Employment and Insurance

A DUI conviction in Florida doesn’t just result in immediate legal penalties—it can have long-lasting consequences that affect your employment and finances.

Employment Consequences

A DUI conviction will appear on your criminal record, which can show up in background checks. Certain professions—such as those requiring a commercial driver’s license (CDL) or positions of trust—may deny employment due to a DUI record. Additionally, professional licenses in fields like healthcare or law could be at risk.

Insurance Impacts

After a DUI conviction, your car insurance premiums are likely to increase significantly. In some cases, insurers may label you as a “high-risk driver,” making it difficult to obtain coverage. Florida may also require you to carry SR-22 insurance, a high-cost policy for drivers with serious offenses.

The Role of a DUI Defense Attorney Beyond the Courtroom

A DUI arrest doesn’t just lead to legal complications—it often impacts every aspect of your life, from finances to emotional well-being. While a DUI defense attorney’s primary goal is to fight your case, their role often extends beyond the courtroom.

• Administrative representation. Your attorney can guide you through the administrative hearing process to challenge the suspension of your driver’s license, helping to protect your driving privileges.
• Mitigating long-term impacts. DUI convictions can affect employment, insurance rates, and personal relationships. DUI defense attorneys in Orlando offer solutions to minimize these consequences, such as negotiating plea deals or working toward record sealing if the charges are reduced or dismissed.
• Providing emotional support. Facing a DUI charge is stressful. Your attorney can offer reassurance, answer your questions, and ensure you feel empowered throughout the process.

A skilled DUI defense attorney does more than fight charges—they provide guidance, support, and strategies to help you navigate the complexities of a DUI case and move forward with your life.

Contact Our DUI Defense Attorneys in Orlando Today

Whether you are a Florida resident or a tourist from another state, Florida traffic violations can affect your driving privileges, finances and your freedom. Make sure you understand your rights. At Moses & Rooth, Attorneys at Law, we have provided diligent criminal defense legal services to numerous clients facing criminal traffic charges. To schedule a confidential consultation with an experienced Orlando DUI defense lawyer, call our Orlando office.