When a driver is charged and convicted of driving under the influence (DUI), it can be a traumatic and life-changing experience for that person.

There are many repercussions, and drivers are often required to undergo a court-ordered clinical evaluation to address drug and alcohol issues.

The attorneys at Katz & Phillips, P.A. are among the few licensed DUI defense attorneys in Orlando, Florida. For more information, please call us at (321) 332-6864.   

What’s included in a clinical evaluation for DUI

In the context of a DUI offense, a clinical evaluation allows a licensed clinical substance abuse professional to evaluate a person’s relationship with drugs and alcohol thoroughly.

Specifically, the therapist will conduct a series of tests and questionnaires that help them understand a person’s drug and alcohol consumption. 

Psychosocial assessment

Clinical evaluations almost always include a psychosocial assessment of the offending driver.

Clinicians use these assessments to understand the driver’s health, psychological, and social well-being.

In some cases, DUI results from chronic issues with drug and alcohol dependence or abuse.

Thus, a psychosocial evaluation can help determine whether the driver’s actions were an isolated incident or the behavior is the result of a more significant issue with alcohol or drugs.

Risk assessment

Another test often utilized during a clinical evaluation is the Driver Risk Inventory (DRI). The DRI is a standardized, nationally recognized test to assess a driver’s risk of consuming drugs or alcohol and operating a vehicle after a DUI offense.

The DRI is administered in a 30-minute questionnaire that determines a driver’s abuse of intoxicating substances, risk of driving, truthfulness, and ability to cope with stress.  

When are drivers required to undergo substance abuse evaluation?

Because DUI programs are required under Florida state law, all DUI offenders must attend a substance abuse evaluation. The evaluation primarily focuses on whether the driver exhibits signs of substance abuse to the point of addiction.

Treatment options

Once completed, the evaluation allows clinicians to provide a comprehensive view of the driver’s status with certain substances and recommend treatment.

In some cases, the treatment plan may not include anything more than the attendance of a certified DUI course. 

However, in other cases, treatment recommendations may include long-term treatment for habitual substance use and addiction.

DUI substance abuse evaluations usually recommend a treatment plan for the driver, which can include the following forms of treatment:

• Regular attendance of Alcoholics Anonymous (AA) meetings
• Regular individual or group counseling sessions with a licensed therapist
• Random drug and alcohol testing
• Impatient treatment at a substance abuse facility

License reinstatement after a clinical evaluation

In some DUI cases, a court may order the revocation of a person’s license. This means that the driver convicted of DUI is no longer allowed to legally operate a motor vehicle for a certain period of time, which can be months to years.

Typically, revocation occurs when a driver is convicted of multiple DUI offenses.

A driver who has had their license revoked after multiple DUI offenses may attempt to have their license reinstated.

Reinstatement occurs when the driver successfully completes a DUI program and undergoes a psychosocial evaluation separate from the program.

If the evaluation determines the driver can safely and legally operate a motor vehicle, then the Florida Highway Safety and Motor Vehicles Department (FHSMVD) can reinstate the license after a specific time period. 

Arrested for DUI? Call us.

With guidance and advocacy from the expert Orlando DUI defense attorneys with Katz & Phillips, P.A., a person undergoing clinical evaluation can ensure their rights are protected under the law. Contact us today for a consultation or call (321) 332-6864.

In the State of Florida, DUI convictions are almost permanent. DUI convictions stay on your record for an incredible seventy-five (75) years.

Even worse, DUI convictions in Florida can never be expunged, meaning that they cannot be taken off your record. Once a DUI gets placed on your driving record, it is there to stay.

That being said, if you’re facing a DUI conviction, the best thing you can do is to try and defeat the charge in the first place. You need the assistance of a highly skilled Orlando criminal defense attorney. Contact Katz & Phillips, P.A. for help today.

What are the effects of a DUI on your record?

Having a DUI on your record can be harmful to your future prospects in several unexpected ways.

Some people, including employers and licensing agencies, will assume that you are not trustworthy if you have a DUI on your record. A DUI conviction can also make it far more difficult to rent a car.

Difficulty finding employment

After a DUI conviction, you might find it far more difficult to find employment. You could also possibly lose your job.

This is especially true if you are employed in a field that requires special licensing, like in the healthcare or education fields. And it is even more true if you drive vehicles for your job, such as as a truck driver or a delivery driver.

In fact, it can be almost impossible to obtain a job in the transportation industry if you have a DUI conviction on your record. 

Higher car insurance rates

Another problem with having a DUI conviction on your record is that your insurance rates will be much higher.

Insurance companies will view you as a higher risk to them, and will charge you more money to protect their profit margins. Sometimes, rates can increase substantially, and some insurance companies might not want to sell to you at all.

Travel difficulties

Believe it or not, having a DUI conviction can be denied entrance to certain other countries. If you like international travel, having a DUI conviction can throw a major wrench into your plans. 

If you’ve been convicted of DUI and plan on traveling to any of the following countries, you’re probably going to face pushback or flatout denied entry.

• Australia
• Canada
• China
• Iran
• Japan
• Malaysia
• Mexico
• New Zealand
• South Africa
• United Arab Emirates

How can I avoid these problems?

Once you are convicted of a DUI, there is not much you can do about it. The DUI conviction will, in all likelihood, remain on your driving record for the remainder of your life.

If you are facing a DUI conviction, you need to act before it is too late. The best thing that you can do is to try to defeat the DUI charges in the first place.

Contact an Orlando criminal defense lawyer

DUI convictions can have lifelong and devastating consequences. There are few things worse than being forced to deal with the aftermath of a DUI conviction. Your only option, sometimes, is to attempt to defeat the DUI charges before you are convicted.

To do that, you need the help of a highly skilled and professional Orlando DUI defense attorney. When you are facing DUI charges, contact Katz & Phillips, P.A. as soon as possible to help you fight your case. Call (321) 332-6864 to schedule a consultation.

In Florida, it’s illegal to operate a motor vehicle while under the influence of alcohol or other chemical substances. Driving under the influence (DUI) can result in serious legal consequences, including revoking your driver’s license.

While many drivers believe that multiple DUIs are required to lose their license, the truth is that a single DUI conviction will lead to the loss of your driver’s license under Florida law. The exact length of the revocation period varies depending on the unique circumstances of the offense. 

If you need help determining how long your license will be revoked after a DUI, call (321) 332-6864 to speak to a DUI attorney in Orlando, FL. 

When someone is convicted of a Driving Under the Influence (DUI) offense in Florida, that person faces serious repercussions, including completing a licensed DUI program (“DUI School”).

These licensed programs allow drivers convicted of DUI to learn about the dangers of driving while intoxicated, understand the impact excessive alcohol consumption can have on a person, and seek alternatives to driving while impaired.

As Board Certified DUI Defense Experts, Katz & Phillips, P.A. is here to advocate on your behalf. Attending a DUI course is one of many steps a person has to take to overcome the challenges of a DUI offense, and our attorneys are here to help.

Whether you will be put in prison for a DUI depends on multiple factors. The most important factor is how many DUI convictions you already have.

After that, however, it also matters how drunk you were, whether you injured anyone, and who else was in your vehicle. There is no mandatory jail for a simple DUI, where no one gets hurt, until your second conviction.

When you are facing charges for driving under the influence, you need the assistance of an expert Orlando DUI defense lawyer. Do not go it alone; contact Katz & Phillips today.

Fines and possible jail time for DUI

The punishments for your DUI will increase for each DUI conviction that you receive. 

First conviction

The first time that you are arrested for a DUI, the maximum punishment is a fine of at least $500 but not more than $1,000 and possible imprisonment of up to 6 months.

However, you are very unlikely to be imprisoned for your first DUI.

Like many things, there is an exception. If your blood alcohol content was 0.15 or higher, meaning it was essentially double the legal limit, the minimum fine increases to $1,000, and the possible jail time increases to 9 months instead of 6. You are still unlikely, however, to serve jail time.

Second conviction

The second time that you are convicted of a DUI, you will be subject to a minimum fine of $1,000, and possible imprisonment of up to 9 months. If your second DUI was within 5 years of your first DUI, you will be subject to mandatory imprisonment of a minimum of 10 days.

However, if your blood alcohol content was 0.15 or higher, or if you had a minor in the car with you, the minimum fine increases to $2,000 and possible imprisonment increases to a maximum of one year.

Third conviction

The third time that you are convicted of a DUI, you are subject to a minimum fine of $2,000 and possible jail time of up to a year.

However, if this is your third DUI within 10 years of your second conviction, you will be subject to a minimum of 30 days of jail time.

If your third conviction comes more than 10 years after your last, you will be subject to imprisonment for no more than 12 months.

Fourth conviction

If your fourth conviction is within 10 years of a previous conviction, you can be imprisoned for up to 5 years. 

In fact, the fourth conviction counts as a felony conviction. This can have additional repercussions.

For example, you will be a felon for life, and in the State of Florida, this means that you will most likely not be allowed to vote again.

Contact an Orlando criminal defense attorney

If you are facing a DUI conviction, jail time is possible. We will do everything that we possibly can to ensure that you do not go to jail. Contact Katz & Phillips, P.A. today for a free consultation and case review.

When you’re pulled over on suspicion of driving under the influence (DUI) in Florida, you may be asked to take a breathalyzer test. The officer may be convincing, and you might be worried about the consequences of refusing the test.

Knowing your rights in this situation can help you determine how best to proceed. Continue reading for more information, then call (321) 332-6864 to get in touch with one of our Expert DUI attorneys.

The short answer is no. Under Florida law, employees are not required to tell their employer they have been convicted of a Driving under the Influence (DUI) offense.

However, it’s sometimes in the employee’s best interest to disclose a DUI conviction to maintain an honest and transparent employment relationship. Keep reading to learn more about this unique situation.

When should a person consider disclosing a DUI conviction to their employer?

Florida does not legally require at-will employees to disclose criminal convictions.

However, disclosure works both ways because an employer can fire someone for failure to disclose a conviction, so an employee should consider disclosing their conviction in certain circumstances. 

These circumstances include the following:

• The assigned job duties of the employee’s position (use of heavy machinery, driving non-commercial vehicles, etc.)
• The employer’s industry 
• The public perception of how a DUI would impact the employer’s business 
• The employer’s overall view of a DUI conviction
• The employee’s relationship with their employer
• Whether the employer covers substance abuse programming under their benefits plan
• Whether the employer asks the employee about a DUI conviction

Why you should consider disclosing a conviction to your employer

Employee assistance programs

First, many employers pay out-of-pocket for employee assistance programs (EAP).

EAPs often provide treatment and counseling services for substance abuse. Thus, instead of the employee paying for these services, the employer may already have these services in place for their employees’ benefit. 

Professional relationship

Second, an employer may ask whether an employee has been convicted of a DUI during the application process or during the course of employment.

If the employee refuses to answer or answers dishonestly, the employee may be breaking the employer’s trust, which could adversely affect the employee’s future with the employer. 

Things to consider before telling your employer about a conviction

Before disclosing a DUI conviction to an employer, the employee should consult their employee handbook.

In some cases, especially for large employers, the employee handbook will contain helpful information about various employment-related issues, including disclosure of a criminal conviction. Failure to disclose such information within a reasonable timeframe is often considered a terminable offense.

Can I be fired for a DUI conviction? 

Most positions in Florida are considered at-will employment, which means the employer can terminate someone’s employment for any reason–except for discriminatory reasons.

For example, in some states, an employer making an adverse employment decision (i.e., firing someone or failing to hire an applicant) based on a person’s criminal background history is considered discriminatory.

However, Florida does not consider this a form of discrimination. Thus, a person can be fired from their current position or not be hired based on a job application because of a DUI conviction.   

Can I have my DUI record expunged or sealed?

No. Under Florida law, a person convicted of a DUI cannot have the conviction expunged or sealed from their record.

However, an experienced Florida DUI defense attorney can obtain a lesser charge on behalf of their client, which may be eligible for expungement or sealing. 

Because a DUI conviction cannot be erased from the public record, those convicted should consider disclosing the existence of the offense. 

Contact us today

If you have recently been charged or convicted of a DUI offense, it’s best to consider contacting an experienced DUI defense attorney for representation.

At Katz & Phillips, P.A., one of our licensed and certified expert Orlando DUI defense attorneys is eager to assist any driver with their legal defense. Contact us today by visiting our website, or call us at (321) 332-6864.

It’s natural to worry about the potential implications of a criminal record after a DUI charge. After all, Florida is one of the toughest states when it comes to DUI offenses. However, that doesn’t mean that a DUI charge has to haunt you for the rest of your life.

Depending on your unique circumstances, it may be possible to get a DUI case removed from your record — but you’ll need to meet certain criteria to be eligible. Continue reading for more information, or contact Katz & Phillips, P.A. at (321) 332-6864 for personalized guidance from a DUI attorney in Orlando, FL.