Criminal Defense Lawyer Serving Oviedo, Florida

Florida DUI Laws

Like every state, Florida has laws that prohibit you from driving when you have a blood alcohol content of .08 or greater. This level creates a presumption that you are intoxicated. You could still be convicted with a lower Blood Alcohol Concentration (BAC) if you are believed to be intoxicated. You also may not drive with certain controlled substances in your system.

When you get a driver’s license in Florida, you give implied consent for the officer to administer a Breathalyzer test upon a traffic stop that is based on reasonable suspicion of drunk driving. If you refuse the test, you will face a mandatory license suspension of one year for the first refusal. 

Penalties in Florida Criminal Cases

The penalty that you would receive depends on the severity of the alleged crime and other factors that may be personal to you. Of course, you would have to deal with other consequences, such as the repercussions of having a criminal record that may remain with you forever. You may struggle to find a job, and you could even lose some government benefits.

Felonies would typically result in a higher probability of jail time and a longer sentence. At one end of the spectrum, a third-degree felony is punishable by up to five years in jail. There are also felonies that can be punished with life in prison. Misdemeanors should still be taken very seriously because they can lead to a jail sentence of up to one year.

DUIs in Florida can lead to the following penalties:

• First offense – up to six months in jail and a fine of $500-1,000
• Second offense – up to 12 months in jail (mandatory imprisonment of at least ten days) and a fine of $1,000-2,000
• Third offense – up to 12 months in jail (mandatory imprisonment of at least 30 days) and a fine of $2,000-5,000

There are additional penalties for aggravating factors, such as a BAC over .15 or having a minor in the car at the time of the traffic stop.

What Are Your Rights in a Criminal Case in Oviedo

The United States Constitution gives you certain rights as a suspect or defendant. However, you may not know exactly what those rights are. Not understanding your rights will not get you out of the consequences of a key mistake. In addition, your rights are often affected by how the courts interpret them, and law enforcement is well aware of the key cases and how they can work around the edges. It is vital to hire an attorney who can advise you of your legal rights and work to protect them.

Your rights as a defendant include:

• The right to an attorney
• Not having to speak with law enforcement when you want a lawyer present
• Being free from unreasonable searches and seizures
• Confronting the witnesses testifying against you in court through cross-examination
• The right to an impartial jury of your peers
• Testifying in your own defense in court

You Need to Act Quickly to Hire a Lawyer

You should move quickly to hire a lawyer as soon as you have any idea that you are under investigation or right after you have been arrested.

The early part of your criminal case is when the stakes are very high. You may have been contacted by law enforcement before they make an arrest because they want to question you. In other cases, police may try to speak with you after you have been arrested, even after they have given you a Miranda warning.

Anything that you do in the early stages of your case can come back to complicate your criminal defense. Police are very serious when they tell you that anything you say can and will be used against you.

In addition, you face a high level of jeopardy when police have obtained or are executing a search warrant. When this happens, you need to know how to handle the situation, even if you have not yet been arrested.

How the Alers Law Firm Fights for You

When you find yourself being investigated or charged with a crime, you need both a guide to the legal system and someone who will fight for your rights at every step of the way.

The attorneys at the Alers Law Firm can do the following when you hire us for your case:

• Investigate your case and gather evidence that could dispel the prosecutor’s charges
• Scrutinize the evidence being used against you and aggressively fight to suppress evidence that may be flawed or was wrongfully seized
• Negotiate with the prosecutor for a plea bargain that leads to lesser charges or a reduced sentence in exchange for a guilty plea
• Take your case all the way to trial when you want to fight the charges against you

Law enforcement may be far more careful in dealing with you when they see that you have hired a criminal defense lawyer.

Contact an Oviedo Criminal Defense Attorney Today

Get immediate legal help when you call the Alers Law Firm to schedule a free initial consultation. You can speak to a criminal defense lawyer at any time when you call us at (407) 930-4888 or message us online. The longer you wait to contact a criminal defense attorney, the more your legal rights may be at risk.