Protect Your Rights: Felony DUI Defense Lawyer in Orlando, FL
Being arrested for a DUI in Florida can instantly disrupt your life, leading to severe penalties and long-term consequences. At Lockett Law, we recognize the fear and confusion that accompany such an arrest. Attorney Lee Lockett is dedicated to providing aggressive and knowledgeable defense, ensuring your rights are protected throughout the legal process. Our slogan, ‘Know Before You Blow,’ isn’t just a catchphrase; it’s a philosophy. It emphasizes the critical importance of understanding your rights and the potential repercussions of a DUI arrest before making any decisions. We’re here to guide you through every step. Contact us today for a free, confidential case evaluation.
Understanding Florida DUI Laws
In Orlando, and all of Florida, a DUI, or Driving Under the Influence, is more than just a traffic violation; it’s a serious criminal offense. Florida Statute 316.193 defines a DUI as operating or being in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that your normal faculties are impaired, or with a blood alcohol concentration (BAC) of 0.08% or higher. This statute forms the bedrock of DUI prosecutions in the state, outlining the specific levels of impairment and the corresponding penalties. Understanding these nuances is crucial for anyone facing DUI charges.
BAC Levels: What You Need to Know
- 0.08% or higher: Presumed impaired. This is the legal threshold for adults, indicating a presumption of impairment that the prosecution must prove beyond a reasonable doubt.
- 0.02% for drivers under 21: Zero tolerance. Florida enforces a strict zero-tolerance policy for underage drivers, recognizing the increased risks associated with alcohol consumption by young individuals. Any detectable amount of alcohol can lead to a DUI arrest.
- 0.15% or higher: Enhanced penalties. A BAC of 0.15% or higher triggers enhanced penalties, reflecting the increased severity of impairment and the potential for greater harm.
Florida’s Implied Consent Law
- Florida Statute 316.1932: By driving in Florida, you’ve given implied consent to submit to breath, blood, or urine tests if lawfully arrested for DUI. This means that law enforcement can request these tests, and refusal can result in automatic license suspension.
- Refusal Consequences: License suspension. Refusing a breath, blood, or urine test carries significant consequences, including an automatic suspension of your driver’s license. The length of this suspension varies depending on prior refusals. It is important to know that refusing a breath test can be used against you in court.
Felony DUI Offenses
- Third DUI within 10 Years: In Florida, a third DUI conviction within a 10-year period is automatically classified as a third-degree felony. This reflects the state’s stance against repeat offenders who continue to endanger public safety.
- Fourth or Subsequent DUI: A fourth or subsequent DUI offense, regardless of the time frame, is considered a third-degree felony. This demonstrates the state’s zero-tolerance policy for persistent DUI offenders.
- DUI with Serious Bodily Injury: If a DUI results in serious bodily injury to another person, it is classified as a third-degree felony. This charge underscores the severe consequences of driving under the influence and causing harm to others. Florida statute 316.193(3) outlines the specific criteria for serious bodily injury.
- DUI Manslaughter: If a DUI results in the death of another person, it is classified as a second-degree felony, known as DUI manslaughter. This is one of the most severe DUI charges, reflecting the tragic and irreversible consequences of impaired driving. Florida statute 316.193(3) also applies.
Penalties of Felony DUI: Understanding the Severe Consequences in Florida
- Third-Degree Felony:
- Up to 5 years in prison.
- Up to $5,000 in fines.
- Mandatory revocation of driver’s license.
- Mandatory substance abuse treatment.
- Ignition interlock device.
- Second-Degree Felony (DUI Manslaughter):
- Up to 15 years in prison.
- Up to $10,000 in fines.
- Mandatory revocation of driver’s license.
- Restitution to the victim’s family.”
- Enhanced Penalties:
- Factors such as a high BAC, prior criminal record, and the presence of aggravating circumstances can lead to enhanced penalties, including longer prison sentences and higher fines.
Defense Strategies for Felony DUI in Florida
- Challenging the legality of the traffic stop and arrest.
- Examining the accuracy of blood or breath test results.
- Investigating the circumstances surrounding the alleged injuries or death.
- Negotiating with prosecutors for reduced charges or alternative sentencing.
- Presenting mitigating evidence to the court.
“Know Before You Blow” – Your Rights and Choices
The phrase ‘Know Before You Blow’ underscores the importance of being informed about your rights during a DUI stop. Many individuals make critical mistakes due to a lack of understanding, which can severely impact their case. It’s essential to remember that you have rights, and exercising them can make a significant difference in the outcome of your case.
- You have the right to remain silent. Exercising your right to remain silent is crucial. Any statements you make can be used against you in court. It is best to politely decline to answer any questions beyond providing your driver’s license, registration, and proof of insurance.
- You have the right to refuse field sobriety tests (FSTs). However, refusing a breath, blood, or urine test will result in an automatic license suspension under Florida’s implied consent law. Field sobriety tests are subjective and can be easily misinterpreted. You have the right to refuse these tests, but it’s important to understand the consequences of refusing a breath, blood, or urine test.
- You have the right to speak with an attorney. You have the right to contact an Orlando DUI defense attorney at any time during the arrest process. This is a crucial right, as an attorney can advise you on your options and protect your interests.
- Understanding the risks of refusing and taking the breath test. The benefits and drawbacks. Refusing a breath test will result in an administrative suspension of your driver’s license. Taking the breath test can provide evidence that can be used against you in court, but it also provides an opportunity to challenge the accuracy of the test results.
Felony DUI Defense Lawyer in Orlando, FL
It’s crucial to remember that field sobriety tests are subjective and can be influenced by various factors. A refusal of a breath test will result in a hard suspension of your driver’s license. This suspension length is dependent on if you have refused before. Knowing these facts prior to any interaction with law enforcement is key. When to contact an attorney: Immediately after a DUI arrest. Prompt legal representation is essential to protect your rights and build a strong defense. Contacting an Orlando DUI attorney at Lockett Law immediately after a DUI arrest allows them to begin investigating your case and gathering evidence.