DUI

Questions to Ask Your DUI Lawyer

Jennifer Waggoner on June 29, 2016

After you have been arrested for DUI, you will want to hire an attorney. Whether you have an attorney on retainer or need to choose one from an online search, you will want to ask the same questions. While each case of DUI is different, there are common questions that should be asked of any lawyer you are considering.

1. Do you specialize in DUI?

You can easily find a lawyer online who handles a variety of case types. These lawyers may seem intelligent and all-knowing, but they may also have bitten off more than they can chew. You want someone on your side who is well-versed in DUI law both in local and state courts.

2. How many DUI cases have you beaten?

You found an attorney who specializes in DUI law, but are they any good? Find out how many cases they have won. Ask how many of those “wins” were actually settlements.

3. How can you help me?

This question may seem obvious, but it is one that is often overlooked. After your free consultation, ask the lawyer how they can help you specifically. While many lawyers can fight DUIs for their clients, you want one who sees you as the individual you are.

4. What is your fee?

Let’s face it: Money is important to people. You may or may not have a lot of it, and knowing how your attorney plans to charge you is important. What is included in their fees, and what is extra?

5. Do you work around my schedule?

If you have an unusual work schedule, you will want a lawyer who is willing to work with you. A lawyer that only works during normal business hours may not be the right one for you. Find out if they are willing to take your calls after hours or meet with you at unusual times so you don’t have to miss work.

If you have been charged with DUI in Orlando or the surrounding area, please call our office. We are here and dedicated to helping you. Your first consultation is free and we will be happy to advise you of your options under current state law. Call now.

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Is Driving High the Same as Driving Drunk?

Jennifer Waggoner on May 4, 2016

Many people debate that driving high is not the same as driving drunk. After all, most people are in complete control of their faculties when they are high. Or are they? According to the law, driving high is the same as driving drunk in the state of Florida.

If you choose to get high and get behind the wheel, you are breaking the law. If you are caught breaking the law, you can expect to be hit with the same penalties as a person would be if they were found to be intoxicated. Here’s what you need to know.

DUI

DUI means driving under the influence. That includes of any substance that alters the brain’s ability to function typically. Operating a vehicle under the influence in Florida means that the driver was in physical control of the vehicle with impaired faculties.

Penalties

The penalties for DUI in Florida vary depending on the number of convictions the person has had in the past.

First Conviction: Up to six months in jail and/or a fine of between $500 and $1,000.
Second Conviction: Up to nine months in jail and/or a fine of between $1,000 and $2,000. Mandatory placement of ignition interlock device for at least one year.
Third Conviction within 10 Years: Up to one year in jail and a fine of between $2,000 and $5,000. Mandatory placement of ignition interlock device for at least two years.
Fourth and Subsequent Convictions: Up to five years in prison and a fine of no less than $2,000.
DUI Causing Death, Serious Injury or Property Damage: Prison time and fines at the discretion of a judge; probation requirements, substance abuse courses and community service. Possible permanent loss of license.

If you have been arrested for DUI in Orlando, it is important that you consult an attorney. Call our office today and tell us about your case. We will provide you with a free evaluation and discuss your options. Call now or browse our website for more information about our firm and how we can assist you.

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How Ignition Interlock Devices Work

Jennifer Waggoner on April 15, 2016

Ignition interlock devices are becoming more popular in DUI court. People convicted of the crime may have the option of having a device installed in their vehicle in return for a lighter penalty. Others may have no choice in the matter, having been convicted of DUI multiple times. No matter which situation you find yourself in, you may be wondering exactly how these devices work. Here’s a brief tutorial.

1. Installation

An ignition interlock device is typically installed in the glove compartment of the vehicle. It is then hard wired to the ignition system. The installation will be handled by a professional.

2. Starting the Car

The device includes a mouth piece. To start the vehicle, you will have to blow approximately 1.5 liters of air into that mouth piece. The device will be set to a pre-determined limit. If you blow over that limit, your vehicle will not start. The limits vary, but are normally between .02% and .04%.

3. Rolling Tests

Depending on the device you have in your vehicle and the orders of the judge, you may have to blow into the device more than once. You may need to blow into the mouth piece after the car has been in motion for 5 to 30 minutes. But why? This is to prevent people from drinking behind the wheel once they have passed the initial breath test. It can also prevent a driver from having a sober friend blow to get the car started.

4. Chip

Don’t think that because you blow into the machine that you are in the clear. Every time you blow, the machine records your BAC level on a computer chip. That information can be downloaded at any time law enforcement or the judge need to view it. The machine also knows if you try to tamper with it and can provide certain information regarding that tampering to law enforcement.

Even if the judge does not want information from the chip, you can expect to have it downloaded every 30 days. All data logs will be maintained. If you fail to blow into the machine or blow above the legal limit, the judge will find out and whatever consequences you were advised of may be put into effect.

An interlock ignition device is not something to toy with. If you have one installed in your vehicle at the order of a judge, follow the court’s orders to the letter. If you have any questions about the machine or its use, be sure to consult with your attorney.

If you have been charged with DUI in Orlando or the surrounding area, call our office as soon as possible. A member of our team will review the details of your case at no cost to you and provide you with options. Call now.

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How to Avoid a DUI

Jennifer Waggoner on January 18, 2016

Avoiding a charge of driving under the influence is something that most people hope to do. Clearly, the best thing you can do is to not drink and then get behind the wheel. If, however, you choose to do so and find yourself pulled over by the police, you will want to be aware of the best behaviors and decisions that you can make in order to avoid being slapped with a DUI.

Don’t Speak

One of the first things that a police officer will ask you if they suspect that you’ve been drinking is if, indeed, you have been drinking. Anything you say at this point can be considered an admission in court. Do not answer the question. Instead, advise the officer that you would prefer to contact an attorney prior to being questions or making any statements.

Field Sobriety Test

If the police officer asks you to get out of the car, you will want to do so. It is well within the officer’s right to ask you to exit your vehicle if they suspect that you are driving under the influence. If you do not exit your vehicle, you can be hit with an obstruction charge.

The officer is now interested in collecting evidence that can be used against you. You may be requested to take a set of field sobriety tests. Arguments have shown that these tests can be difficult for even a sober person to pass. Keep in mind that you are under no legal obligation to participate in any of these tests. Again, telling the officer that you would prefer to contact your attorney may be in your best interest. Remember: If you do choose to participate in these tests, you are providing the officer with evidence, either in your favor or not.

Breath Test

The next step for the officer is to ask you to take a breath or blood test. This is another piece of evidence that can be used against you in court. Before you make your decision, you need to consider whether or not you know that you have had too much to drink and are likely to fail the test. In many jurisdictions, you face an automatic license suspension if you refuse the test. That said, you may be facing stiffer penalties if you take the test and fail miserably.

Each person must determine for themselves how they will handle being pulled over under suspicion of DUI. One of the best things that you can do is to contact an attorney for advice before you make any decisions that could potentially affect the rest of your life.

Florida’s Zero Tolerance for Underage Drinking and Driving

Jennifer Waggoner on December 31, 2015

If you are under the age of 21, listen up: Florida is a “zero-tolerance” state. Keep that in mind as you head out to celebrate the New Year this week. Zero tolerance means that if you are pulled over and suspected of driving under the influence, you will be asked to take a blood alcohol concentration test. If you register higher than a .02, you will be arrested for DUI.

Because statistics show that underage drinking and alcohol-related deaths are closely related, the state has taken a firm stance on the crime. Not only can you be charged with DUI but, if you are convicted, the penalties can be severe.

Penalties

The first time you are convicted of driving under the influence, you will have your license taken away from you for six months. If you have a BAC level of more than .05 percent, plan on losing your license for longer. If you have a BAC level of more than .08 percent, you could be facing hefty fines and jail time.

The second time you are convicted, you will lose your license for a year. You will also be facing jail time not to exceed 12 months. The fines you will be forced to pay can range between $1,000 and $4,000.

Not only will you face immediate consequences, but you will face issues in the future. You can expect your insurance premiums to rise, you may find it difficult to get accepted into college and you may even find it difficult to secure employment. An underage DUI conviction should be taken very seriously.

Remember that just because you are charged with driving under the influence does not necessarily mean that you are facing a conviction. If you are charged with underage driving under the influence in Orlando, you need an expert attorney on your side. Do not attempt to fight your charges on your own. A conviction can have lifelong consequences that you are not prepared to deal with.

If you are arrested for and charged with DUI this holiday season, reach out to our experienced DUI defense team today. Our attorneys have years of experience in the local court system defending people just like you. When you phone us, we will provide a consultation to you free of charge. Let us advise you how to go forward as you fight to defend yourself against the charges you are facing. Call now.

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Drinking and Driving Numbers by State

Jennifer Waggoner on July 17, 2015

Most people understand that drinking and taking drugs don’t mix well with driving. Driving while intoxicated is a recipe for disaster. In fact, when you combine drugs and alcohol with driving, the results can very well be fatal. According to the National Highway Traffic Safety Administration, there are certain facts about substance-related accidents that the public should be aware of.

Top 10 States

When it comes to states with the most occurrences of fatalities resulting from DUI accidents, there are 10 that are the most dangerous. The states with the highest number of occurrences are South Dakota, Wyoming, Arkansas, Nebraska, Montana, Missouri, Maine, Kentucky, Louisiana, and West Virginia.

Drugged Driving

Drugged driving, or driving that involves illegal or prescription drugs, is becoming a large issue in the United States. The top 10 states when it comes to fatalities per 100,000 people are North Dakota, Wyoming, Montana, West Virginia, Kentucky, Arkansas, Vermont, South Dakota, South Carolina, and Alabama.

Most Dangerous Drivers

According to statistics, male drivers aged 21 were seven times more likely to be involved in a drunk driving accident resulting in a fatality. In fact, men are more likely to be involved in this type of accident no matter the age bracket studied. After the age of 23, a man’s chance of being involved in a DUI-related accident is steadily reduced.

Popular Substances

While 74% of those persons involved in a fatal accident had no drugs or alcohol in their system, 12% were found to have drugs in their system. Marijuana is the most commonly found drug, followed by stimulants, drugs classified as “other,” narcotics, depressants, and drugs that could not be identified.

Rural States

The study found that the highest instance of DUI-related fatalities were in rural states. These states also had the highest rates of blood alcohol content among those people tested. It is thought that contributing factors may include a lack of public transportation and a greater distance to travel between the bar and home.

When you choose to get behind the wheel after taking drugs or drinking, you are putting your life and the lives of others on the line. Unfortunately, when you are intoxicated, you are not able to make the best decisions. Plan ahead. Decide how you will get home before you go out on the town. You could be saving your life.

If you have been arrested for drunk driving, contact our offices as soon as possible. Our experienced attorneys are here to assist you. Call now.

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DUI Convictions Have Long-Term Consequences

Jennifer Waggoner on June 26, 2015

You probably know the immediate effects of being arrested for and convicted of a DUI. You face jail time, fines, and a suspended license. You may be sentenced to probation, sentenced to drug and alcohol classes, and have an ignition interlock device installed on your vehicle.

Have you stopped to consider the long-term effects that a DUI conviction can have on your life? If not, you aren’t alone. Most people don’t consider that a DUI can have lasting effects on several facets of their lives.

Staying Employed

If your employer has a policy against keeping employees with criminal convictions, you could face the loss of employment. Likewise, if your job duties require that you operate a vehicle, you will be unable to fulfill those duties.

Finding a New Job

Employers are running background checks on potential employees more often these days. As competition for jobs remains fierce, employers want to be sure that they are getting great employees. A criminal conviction, even if it is only a DUI, can have a severe impact on your ability to find gainful employment.

Going to School

Thinking of going back to school? You may want to think again if you have a DUI conviction on your record. Many colleges and universities refuse applicants with a criminal record. If the field you want to enter requires any type of licensing, your conviction may impede you from being certified.

Car Insurance

Getting a DUI typically includes losing your license. When you reinstate your license, you will need to get a car insurance policy. Your policy is called an SR22 and is more expensive than typical insurance. Additionally, not every company offers this type of insurance, meaning you will be hard-pressed to get the best prices.

Felony Convictions

If your DUI is a felony, you face even greater hurdles. Once you are convicted of a felony, no matter the original charge, you are unable to vote, you cannot obtain a passport, and you will not be permitted to purchase a firearm. You may also be ineligible for any type of government assistance.

Being convicted of a DUI is not just an immediate problem to be solved, it has long-term consequences that must be considered. If you have been arrested for DUI, call our offices as soon as possible. Our experienced attorneys will fight for you in court until your case is resolved. Call now for a free consultation.

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Must I Take Field Sobriety Tests?

Jennifer Waggoner on May 9, 2015

If you have been stopped by law enforcement you may be asked to submit to field sobriety tests, or FSTs. FSTs are given by law enforcement officers at the location where you have been stopped. If a police officer feels that you may be driving under the influence of alcohol or drugs, he may ask you to take one or more FSTs.

These tests can be performed roadside often conducted prior to performing a blood alcohol content (BAC) test. In Florida the legal drinking limit is 0.08% BAC. FSTs are used as a way for officers to decide whether to pursue further action against a driver suspected of DUI.

Types of Field Sobriety Tests

You’ve likely heard of some of the most common types of FSTs given by police officers. These are actually very simple tests but they have been proven to be more difficult for impaired people to perform. Some of the most common FSTs include:

Hold One Foot Out While Standing
Walk a Straight Line
Touch a finger to the nose
Recite the Alphabet

Tests such as these are subjective, meaning that the results of your performance are based on the judgment of the officer. For this reason, FSTs aren’t considered scientific evidence of DUI. They are used mainly as a gateway to further testing. If the officer feels you have not performed well on the field tests for sobriety he will advance to the next step – testing for DUI. Sometimes, a driver will be tested for DUI at scene using a breathalyzer while other times the testing will be done by blood or urine at the police station.

Can I Refuse Testing?

Florida has an implied consent law in place. This means that if a police officer asks you to take a DUI test you must comply. If you fail to comply you will face additional penalties. Also, the refusal may be used in court against you on your DUI case. Implied consent officially applies only to DUI tests such as breath, urine, or blood. However, failure to comply with FSTs may be construed as being uncooperative or as interference. If you have been arrested for DUI it is best to seek help from a qualified DUI attorney as soon as possible for the best outcome.

Can I Fight DUI Charges?

Jennifer Waggoner on May 2, 2015

If you’ve been charged with DUI you know how frightening the experience can be. A DUI arrest may begin with a simple traffic stop. After you have been stopped, the police officer may decide to ask about possible alcohol consumption. The police may ask you to take some field sobriety tests and a BAC test. In Florida, the legal blood alcohol content limit is 0.08%. If your test results are higher than 0.08% you’ll be arrested for DUI. A DUI arrest doesn’t mean that you will be automatically convicted. DUI is a criminal charge and you’ll be allowed to present your case in court. It is possible to fight DUI charges but to have the best chance of success you will need the help of a qualified DUI attorney.

Florida DUI

If you have been charged with DUI you will likely have your driver’s license suspended until the charges have been resolved. Your attorney may be able to help get your driving privileges back on a temporary basis. If you have been arrested you will appear in front of a judge where bail will be set. It often helps to have your lawyer present to assist in this process. Your lawyer will try to get charges reduced and bail lowered whenever possible. For these reasons it is in your best interest to speak with an experienced DUI attorney as soon as possible.

Fighting DUI Charges

A DUI doesn’t have to have devastating results. One of the most important things to remember is to remain calm and seek help from a professional. The sooner a lawyer is engaged the better your chances will be of having a successful outcome. When possible, get your lawyer immediately upon your arrest and keep in mind that you don’t need to answer any questions without an attorney present. Your attorney will review every aspect of your case from your traffic stop to your arrest and subsequent breath test. Any one of these areas may prove to be helpful in defending your case.

What BAC Really Means

Jennifer Waggoner on April 27, 2015

You have read a lot about 0.08 as it pertains to drunk driving. You know that 0.08 is the legal limit at which you are considered to be too intoxicated to drive. What you may not know, is that 0.08 does not affect everyone in the same manner.

How alcohol affects your mind and body depends on many things, including your gender, your height, your weight, how much you have had to eat, and even the time of your last drink. The safest thing to do, of course, is to not drink a single drink and get behind the wheel. The second best thing is to know how various levels of blood alcohol concentration may affect you.

0.02
When your blood alcohol concentration, BAC, reaches 0.02, you may feel relaxed, your body temperature may rise slightly, and your mood may become altered. You could experience some loss of judgment. You will have a decline in your visual functions and in your ability to multitask.

0.05
When your BAC reaches 0.05, you can reasonably expect to have exaggerated behavior. Your small muscle control can become inhibited, and your judgment may become impaired. Your alertness will be lowered, your inhibitions are released, and you simply feel good. For most people, this BAC level means reduced coordination, reduced response time, and a lowered ability to track objects.

0.08
Once you hit the legal limit, you find it more difficult to detect or interpret danger. Your muscle coordination becomes impaired, and your judgment, reasoning, self-control, and even memory are impacted. You can expect short-term memory loss, slurred speech, impaired perception, and an inability to concentrate.

0.10
People who have a BAC of 0.10 have a very clear level of intoxication. Speech is slurred, coordination is diminished, and reaction time is incapacitated. You may notice that your thinking slows. As for driving, you have an inability to maintain a straight path in your own lane and you fail to brake properly.

0.15
This BAC includes a significant loss of balance and motor control. Unless you have gotten to this level over several hours or more, you may begin to vomit. If you choose to get behind the wheel, you will have difficulty paying attention to the road, and your auditory and visual processing skills are severely impaired.

Please understand that the above are typical responses to alcohol by the average person. Those who drink frequently, those who have had several drinks over many hours, or those who binge drink may have different reactions. This is in no way a list that is meant to assist you in determining your level of intoxication. It is only meant to be used as information.

If you or a loved one has been arrested and charged with DUI, please contact our offices as soon as you are able to do so. Our attorneys are here to help you put the pieces back together. Call us today.

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How Soon Should I Get an Attorney After A DUI?

Jennifer Waggoner on April 25, 2015

It is best to get an attorney as soon as possible after a DUI arrest. Preferably, you will want to seek assistance from an attorney immediately after your arrest. This may not always be possible, however, the sooner you get your attorney involved, the better. Your lawyer will generally be able to provide the best defense when he or she is involved from the start. You would also be better off by not answering questions on your own. Again, this is not always going to be possible.

Talking to Law Enforcement Officers

A DUI charge is often made in conjunction with a basic traffic stop. For example, you may be stopped for speeding and then the police officer may feel that you may be intoxicated. You may be questioned immediately about whether you have been drinking and you will be asked to take some field sobriety tests. These are tests such as walking a straight line, touching your finger to your nose, and reciting the alphabet.

They are administered to allow the officer to get a general impression as to whether you may be DUI. You will certainly be asked whether you were drinking and you may not want to answer. If you were placed under arrest you will be able to seek legal advice before answering any questions. This is critical to a successful defense.

DUI Tests

In Florida, there is implied consent. This means that by simply signing your driver’s license you are agreeing to take a breath, blood, or urine test when requested to do so by a member of law enforcement. The legal blood alcohol limit (BAC) in Florida is 0.08%. If you are found to be driving with a BAC of over 0.08% you will be charged with DUI. It’s important to note that breath tests are not always performed properly and the results may be misinterpreted.

Your attorney will want to review the results of these tests when preparing your defense. While you may want to avoid taking these tests, you can get into more trouble by refusing. Refusal to take a blood, breath, or urine test when requested will result in separate charges that will include an automatic suspension of your driver’s license. Instead, it is advisable to have your own independent testing completed at the same time.

DUI Defense

The sooner you engage the help of an experienced DUI lawyer, the better. Your lawyer will begin by reviewing all of the information starting with the traffic stop. Your attorney will represent you at an initial hearing, where charges will be defined. Many times an adept attorney will be able to have some of your charges reduced or dropped completely if there is no evidence supporting them.

If you are being held in jail, the lawyer will work to get you out of jail with a lower bail or no bail at all. Your attorney will work tirelessly to assist in defending your case and protecting your rights throughout the case. Many times your attorney may be successful in getting you through the case with the least possible penalties. Getting help from an attorney is the best course of action and gives you the best way to favorably resolve your situation.

Must I Submit to DUI Tests?

Jennifer Waggoner on March 28, 2015

If you have been stopped by law enforcement for DUI you will want to know what to expect. Police officers may stop a vehicle for a minor traffic violation and then make the decision to check you for DUI, driving under the influence. The first thing the officer may ask you to do is perform field sobriety tests. Next, DUI breath or blood tests may be administered to determine BAC (blood alcohol concentration). In Florida, the legal BAC is 0.08%.

Taking Field Sobriety Tests

There are various field sobriety tests that police may employ to help them determine whether to proceed with formal DUI testing or prosecution. These include tests such as:

Walk a straight line
Recite the alphabet
Stand on one leg
Touch your finger to your nose

Field sobriety tests are simple tests meant to allow offices to analyze a driver’s possible impairment. If the officer determines that you may be impaired, he will continue with additional DUI tests. The most common DUI test is the breathalyzer test, which can be easily administered at the site of the traffic stop.

What is Implied Consent?

Drivers in Florida are required to submit to DUI testing if requested to do so by a member of law enforcement. All drivers have consented to this as a condition of obtaining a driver’s license. You must agree to DUI tests or face additional penalties. For example, the penalties for refusal to take a breath test may include an automatic suspension of your driver’s license for a period of up to a year. Additionally, your refusal can be used in your DUI court case.

Fighting DUI Charges

It is important to note that a charge of DUI is not a conviction. If you have been arrested or charged with DUI there are steps you can take to defend the charges. The first step is to choose an experienced DUI attorney. Because there are many complexities involved in DUI charges and testing may have been done improperly or the results could be analyzed wrong. An attorney who specializes in DUI defense will be able to most effectively assist throughout the process.