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DUI (Driving Under the Influence) Questions
Criminal Law in Orlando and throughout Central Florida
Are breathalyzer readings ever disputed in court?
Breathalyzer test results may be deemed inadmissible or inaccurate in certain instances. The prosecution must show accurate proof that the defendant’s BAC (blood alcohol content) was beyond legal limits. If there is reason to believe the results of the breath test may have been compromised or altered, it can be used as part of the defense. For example, there have been instances where human error or defective equipment compromised the breath test results, making them inadmissible.
Should I plead guilty to the DUI charge?
Our Orlando DUI defense lawyers will recommend a plea of guilty, not guilty, or no contest depending on the circumstances surrounding your charge and the evidence presented. At the Umansky Law Firm, we will devise a DUI defense strategy that seeks to minimize your consequences as much as possible. Even if you plead guilty, there may be opportunities to reduce your sentence.
You may also be eligible for a reduction of charges or in some cases have the charges dropped through a first time offender program. If there is reasonable doubt that you were not driving while impaired or had a BAC above the legal limit, the prosecution may not even have a case.
For more information, please read our Challenging a DUI in Orlando page.
Will a DUI prevent me from getting auto insurance?
It is possible. However, contrary to popular belief, a DUI conviction does not automatically mean your insurer will drop you. Although some companies do not insure DUI offenders, many companies have special plans available. Also, some insurance carriers have affiliate companies that will insure you if the parent company cannot. Unfortunately, you can most likely expect a rate increase even if your insurer does keep you.
What punishment will I receive for my DUI?
DUI consequences can vary greatly based on factors such as age, prior convictions, criminal record, and your blood-alcohol level (BAC). Depending on the circumstances of your case, consequences may include:
- Heavy fines
- Loss of driver’s license
- Vehicle impoundment
- Mandatory probation
- Alcohol education
- Community service
- Jail time
Multiple offenses carry a greater possibility of long or permanent driver’s license suspension or jail time. The Orlando DUI defense attorneys at The Umansky Law Firm have handled thousands of DUI cases. As former prosecutors, we know the tactics used to secure a conviction, and we will devise a defense strategy that will help you minimize these consequences as much as possible.
Can You Be Arresed for DUI, even if you are already out of your car?
The answer is yes. If the officer has reason to believe that you’re impaired by alcohol, you’re not saved just because you got out of the car. Obviously, the case for the DUI is stronger, if they see some evidence of bad driving prior to you getting out of the car, for instance:
· Inappropriate speed
· Speeding up
· Slowing down.
If they see you walking away from the car and you’re stumbling all over the place, it’s now trickier when it’s unclear whether or not you were driving. A lot of times that comes up in the context of an accident when a police officer arrives on a scene after the driving has taken the place, and maybe no one is behind the wheel of car, and he hasn’t seen you get the out of the wheel of car. In case like this, those are interesting DUI cases, those can be some issues that can be successfully argued by an attorney with a motion to dismiss or a motion to suppress. But don’t think that just because the officer doesn’t get you until you after you’re out of a car that you’re necessarily scott free.
Will I go to Jail for 2nd DUI?
If it is a second DUI within 5 years, the judge has to give you 10 days, and he has to give you 10 days at the time of sentencing. He can’t give your attorney a day. When you get sentence, you’ll going to be taken right into custody, right then in that moment. Does that mean that it’s all the jail time that you going to get? Not necessarily, it depends on the facts of case
· If you ran into a house, you’re probably looking at more jail time
· If someone gets hurt, you’re probably looking at more jail time.
· If you were driving like a total maniac, you’re probably looking at more jail time.
· If there is kid in a car, you can be looking at more jail time.
If it’s the second DUI offense that’s outside a 5 years, or it’s been more than 5 years since your last conviction date, there is no mandatory jail time, but again it depend of the facts of case whether or not the state is going to be seeking jail time. In a case like that, sometimes you may be able to approach the judge and see if the judge will avoid forcing you to do jail time for the State being unreasonable. But those are strategy decisions, and that you really need to utilize the services of an attorney and if DUI attorney help you work your way to the briar patch of a second DUI.
Will I go to Jail for a 4th DUI?
Is it already a felony if you get a 4th DUI. A 4th one is a felony. A third one in 10 years is also a felony. This is regardless of that breath test levels, whether there was an accident, there was a kid in a car, and factors such as those. Obviously with DUI’s every time you get one, the maximum possible penalties get enhanced, and often the mandatory minimums are enhanced as well. A Second DUI within period of 5 years for incidents and you’re facing a mandatory 10 days jail. With a third charge it becomes a mandatory 30 days jail sentence, and also suspensions, and requirement for in interlock ignition becomes prevalent. Every time you face this charge, the time you have to endure the penalties goes up, as the number of DUI increases. By the time you get to the 4th DUI, you definitely talking about a severe penalty. On a 4th DUI, because it is a felony, you’re actually facing up to 5 years in prison, and a 5 thousand dollar fine, whereas for a non felony DUI’s, the maximum is county jail time, and you don’t have to worry about the possibility of prison whatsoever.
How long will a DUI stay on my driving record?
A DUI conviction will always stay on your driving record. You cannot expunge or seal a DUI conviction, and it will remain out in public view for your lifetime.
What is the difference between a DUI misdemeanor and a DUI felony?
First-conviction DUIs are misdemeanor charges. Your DUI may be considered a felony if it is a repeat offense or if you caused personal injury at the time of your arrest. If you are charged with your fourth DUI, the law allows your charge to be reclassified as a Felony of the third degree, punishable by up to five years state prison.
Please contact The Umanksy Law Firm today to schedule your free DUI consultation. We serve clients in Orlando, Orange County, Seminole, Osceola, and Central Florida.
If you are in Orlando or Central Florida, call The Umansky Law Firm for experienced DUI defense. Call or email our Orlando DUI Lawyers today for a free consultation about your Florida DUI. We’re here for you DAY OR NIGHT.