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DUI Information Center

In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. Police and highway patrol officers are cracking down on drunk drivers with increasing frequency as a result of influence from groups like MADD and public outcries in general. If you find yourself at the center of this crackdown, you need an experienced drunk driving attorney to represent your interests and work toward the least restrictive outcome possible.

Orlando Drunk Driving Accident Attorneys and DUI Lawyers

On many occasions, a drunk driving or DUI charge, will be accompanied by some sort of accident in which a personal injury occurs, or a traffic violation or traffic offense is also charged. The Law Office of William D. Umansky, P.A., has criminal defense and DUI lawyers who are also skilled litigators, personal injury attorneys, former prosecutors, and traffic accident lawyers.

Our law office handles the full range offenses associated with drunk driving, DUI offenses, and motor vehicle accidents. Contact us to schedule a free initial consultation.

The information below is provided to answer additional questions you may have about the DUI laws in Florida.

On the Wrong Side of the Law?

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Our Orlando DUI attorneys and criminal defense lawyers handle matters for clients from other states, in addition to those in the Orlando Florida area. We know that everyone makes mistakes and we are committed to defending your constitutional rights during this difficult time. Call or contact our Orlando, Florida, DUI defense attorneys for a free consultation.

Overview of Drunk Driving

Each US state has its own set of drunk-driving laws, and in some states drunk driving is a crime, while in others, like New Jersey, it is classified as a traffic offense. While drunk-driving laws do differ among the states, there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person's judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:

  • Loss or suspension of license
  • Large fines
  • Substance-abuse treatment
  • Jail or prison time
  • Community service
  • Restitution
  • Criminal record
  • Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

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The Use of Ignition Interlock Devices in Drunk-Driving Cases

Most states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney in your state.

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The Prosecutor's Role in a Drunk-Driving Case

Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.

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Reliability of Breath-Test Results in a Drunk-Driving Case

In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.

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The Impact of a Drunk-Driving Conviction on Your Auto Insurance

An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.

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Frequently Asked Questions about Drunk Driving

Q: What is "blood-alcohol concentration" or "blood-alcohol level"?

A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

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Contact Us Today 407-228-3838 or use the form below

ORLANDO OFFICE
1500 E. Robinson Street
Orlando, FL 32801
Telephone: (407) 228-3838

ORLANDO OFFICE
1945 East Michigan St
Orlando, FL 32806
Telephone: (407) 228-3838

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Winter Park, FL 32789
Telephone: (407) 228-3838

Did you know?

More than one dozen states have passed Zero Tolerance laws that prohibit drivers under age twenty-one from having any measurable amount (less than .02 percent) of alcohol in their blood system. Florida’s Zero Tolerance law took effect January 1, 1997.