DUI Traffic Offenses
Criminal traffic violations can lead to serious legal consequences.
Depending on the criminal charge, a conviction can lead to penalties ranging from points on your license to fines to driver’s license suspension, fines and a prison sentence.
One of the traffic violations that is taken most seriously by Florida law enforcement agencies and state prosecutors is intoxicated driving.
If you have been arrested for drunk driving in Orange County, FL, it is imperative that you seek immediate legal help. The case against you can move very quickly.
At Moses & Rooth Attorneys at Law, our Orlando DUI defense attorneys are strong advocates for our clients.
We have the skills and experience needed to provide you with the top-quality legal defense that you deserve.
If you or your family member has been arrested for drunk driving or drugged driving in Orlando, please do not hesitate to contact our law firm today for a fully confidential consultation.
We are a Full-Service Orlando DUI Defense Law Firm
If you have been charged with a criminal traffic offense, it’s important that you work with an experienced criminal defense attorney who can work to protect your rights.
At the Orlando, Florida, law firm of Moses and Rooth Attorneys at Law, we are experienced in handling all major traffic charges, including:
- DUI and Manslaughter
- DUI Defense
- DUI Driver’s License Suspension
- DUI Penalties
- DUI and Personal Injury Enhancements
- Field Sobriety Test
- Multiple DUI Offenses
- Orlando Traffic Ticket Lawyer
- Prescription Drug DUI Charges
- Refusal of a Breath Test
- CDL Suspension
- Driver’s License Suspension
- Driving on a Suspended License in Florida
- Fleeing a Police Officer Charges
- Florida Toll Violations
- Leaving the Scene of an Accident & Hit and Run Charges
- Orlando Habitual Traffic Offender Lawyer
- Reckless Driving Defense
- Street Racing Defense
- Traffic Tickets
- Traffic Violations
Further, we have handled these charges on “both sides” of the law — as criminal defense lawyers and as criminal prosecutors.
Understanding DUI Law in Florida
No matter the specific circumstances, a DUI is a serious offense in Florida. The potential penalties for a DUI can be severe.
The penalties in your case will depend on the nature of your arrest as well as your history of conduct. Still, even if you have no prior offenses on your record and you were only alleged to have been slightly over the legal limit, you still need to seek guidance from an experienced Orlando DUI lawyer.
There is no such thing as a minor DUI.
The Florida DUI guidelines are as follows;
- 1st offense—A fine of up to $500, a license suspension for up to 6 months, up to 6 months of jail time, and up to 50 hours of community service.
- 2nd offense—A fine of up to $1,000, a license suspension for up to 12 months, up to 9 months of jail time, and up to 50 hours of community service.
- 3rd offense—A fine of up to $2,500, a license suspension for up to 5 years, up to 12 months of jail time, and up to 50 hours of community service.
Notably, for repeat DUI offenders, the second conviction can come with mandatory jail time.
For example, a second DUI conviction in the same five-year period comes with a mandatory minimum ten-day prison sentence under Florida law.
Other aggravating factors can potentially turn a DUI into a felony charge.
For example, if the drunk driver was involved in a major accident, and that resulted in injuries, they may be charged with a felony. Similarly, if there was a child in the car at the time of the arrest, the defendant may face a felony charge.
How Our Orlando DUI 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 review. To save your license, please get help from an experienced Orlando DUI defense attorney.
Orlando DUI FAQs
What Should I Do After Being Pulled Over for a Suspected DUI?
In the event that you are stopped on the suspicion of drunk driving, you have a duty to bring your vehicle to a stop as quickly as it is safely possible to do so. Do not make any sudden or suspicious movements.
You should always be polite and you should treat the police officer with respect. That being said, you are not required to answer any incriminating questions.
Should I Make a Statement to the Police?
The Fifth Amendment to the United States Constitution protects an individual’s right to remain silent. If you were pulled over for a possible DUI, it is crucial that you exercise this right. It is not advisable to make any statements to the police. Do not try to talk your way out of a DUI arrest.
Remember, police officers are investigators — their job is to look for information that can be used against you in court. You should always ask to speak to an Orlando DUI defense lawyer before making any statements.
Am I Required to Take a Breathalyzer Test in Florida?
Florida has an ‘implied consent’ law. Under this law, all drivers are required to submit to a breathalyzer test when asked to do so at a DUI stop. You consented to this when you obtained your license.
If you refuse to do so, you will face the automatic suspension of your driver’s license. You should contact a DUI refusal lawyer immediately. Action can still be taken to protect your rights.
Do I Have to Take Other Types of Field Sobriety Tests in Florida?
Beyond a breath test, you may also be asked to take other types of field sobriety tests (FSTs) at a traffic stop.
For example, you may be asked to take the horizontal gaze nystagmus, where the officer will move their finger back and forth and watch your eye movement.
Alternatively, you may be asked to do the one-legged stand. These tests are far more challenging than many people realize. In Florida, you are not required to participate in these types of field sobriety tests. There are serious questions about their reliability.
Will I Lose My License If Arrested for Drunk Driving?
If you are arrested for intoxicated driving in Florida, your license will be automatically suspended. Indeed, you will face the administrative suspension of your license well before you get your day in court.
Do not accept this fate.
You have ten days to challenge the administrative suspension. By doing so, you can preserve your license. As ten days is a very short period of time, defendants should not wait to contact a DUI defense attorney.
Can You Go to Jail for a First-Time DUI in Florida?
Yes. A first-time DUI conviction in Florida could result in as much as six months in jail.
That may come on top of other penalties as well — potentially including the suspension of a driver’s license, significant fines, and increased insurance costs. Of course, not every defendant goes to jail following a first-time DUI arrest.
While this is a very serious criminal charge, you still have options available. It is crucial that you seek professional legal guidance as soon as possible. Contact an Orlando DUI defense lawyer who can help protect your rights and your freedom.
Contact Our Orlando DUI Attorneys 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 and 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 attorney, call our Orlando office at (407) 377-0150.