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While many drunk driving arrests occur at traffic stops, other DUI arrests result from accidents in which property damage or bodily injury occurs, either to the drunk driver, a passenger in the driver’s vehicle, the driver or passenger in another vehicle, or even to a pedestrian. If you or a loved one find yourself in this situation, the assistance of an Orange County drunk driving accident lawyer will be invaluable to your case. When property damage or injury to another person results from a DUI accident, the charge is likely to be a misdemeanor offense, which is punishable by up to one year of incarceration, as well as a fine of up to $1,000. If a DUI accident causes serious bodily injury to another person, however, the stakes become much higher. This type of DUI accident is typically charged as a felony, which can carry a prison sentence of up to five years. In a situation such as this, you will need experienced legal representation which  Katz & Phillips, P.C. can offer you.

What Is The Role of an Orange County Drunk Driving Accident Attorney?

Law enforcement officials are often quick to assume that a driver who has been drinking is automatically at fault for any accident in which he or she becomes involved. However, that assumption is not always true. The other driver may have substantially contributed to the accident by violating a traffic law, engaging in distracted behavior while driving, or being under the influence of alcohol or drugs himself or herself. As a result, it is necessary for your Orange County drunk driving accident attorneys to take significant steps to investigate your accident, including:

  • Reviewing police reports and witness statements
  • Interviewing witnesses
  • Reconstructing the accident scene
  • Going over the accident with you in great detail
  • Delving into the driving history of other drivers involved in the accident

By taking these investigatory steps, the lawyers of Katz & Phillips, P.A., can fully understand the nature of your accident and determine the extent to which your alleged impairment caused or contributed to the accident and any ensuing injuries to others.

Understanding DUI Laws in Orange County

In Orange County, Florida, DUI (Driving Under the Influence) laws are stringent and clearly defined. A DUI offense occurs when a driver operates a vehicle while impaired by alcohol or other substances. The legal limit for blood alcohol concentration (BAC) is 0.08% for drivers aged 21 and over. For commercial drivers, the limit is lower at 0.04%, and for drivers under 21, it’s a mere 0.02%. These limits reflect a commitment to road safety, as impairment significantly increases the risk of accidents. In practice, law enforcement in Orange County actively enforces these regulations through checkpoints and routine traffic stops. If a driver is suspected of DUI, field sobriety tests and breathalyzers are commonly used to assess impairment. A DUI charge in Orange County can lead to severe penalties, including fines, license suspension, and even jail time, especially for repeat offenders or if the DUI results in an accident.

Legal Process and Proceedings in Orange County Drunk Driving Accident DUI Cases

A drunk driving accident attorney specializes in navigating the complex legal landscape surrounding DUI cases, particularly those involving accidents. Their expertise can be invaluable in various ways:

  1. Understanding Legal Proceedings: DUI laws and procedures in Orange County are intricate. An experienced attorney understands every stage of the legal process, from arrest to post-trial appeals. They can explain these stages in understandable terms, ensuring you are fully aware of your rights and the implications of each step in the process.
  2. Representation During Arrest and Arraignment: During the initial phases, such as the arrest and arraignment, an attorney can offer crucial guidance. They ensure that your rights are protected during the arrest and can advise on the best plea to enter at the arraignment, based on the specifics of your case.
  3. Handling Pre-Trial Motions and Discovery: An attorney can file strategic pre-trial motions, potentially leading to suppressed evidence or even case dismissal. During the discovery phase, they meticulously analyze evidence, identifying weaknesses in the prosecution’s case and gathering crucial evidence for your defense.
  4. Plea Bargain Negotiation: Skilled in negotiation, a drunk driving accident attorney can communicate with the prosecution to potentially reduce charges or penalties. This can be particularly important in reducing the severity of consequences in drunk driving accident cases.
  5. Trial Representation: If your case goes to trial, having a knowledgeable attorney is indispensable. They will present a well-prepared defense, challenge prosecution evidence, and work to establish reasonable doubt, aiming to achieve the best possible outcome.
  6. Post-Trial Support: In the event of a conviction, an attorney can assist with post-trial motions or appeals, seeking to overturn the verdict or reduce penalties.

A drunk driving accident attorney provides essential legal expertise, represents your interests at every stage, and works tirelessly to mitigate the consequences of a DUI charge, particularly in cases involving accidents. Their support and guidance can be the difference between a severe penalty and a more favorable outcome.

Types of Drunk Driving Accidents

Different types of DUI accidents can lead to drunk driving incidents being charged not as a misdemeanor but as a felony  which have much greater repercussions. Felony criminal offenses can bar you from certain types of employment, and can even cost you your job under some circumstances. Likewise, your Orange County drunk driving accident attorneys can tell you that a felony conviction is much more likely to result in a term of imprisonment, as opposed to a misdemeanor which may carry a sentence involving little or no jail time.  DUI accidents that might lead to a felony charge can include hit-and-run accidents, accidents that result in serious bodily injury to another driver, passenger, or pedestrian, and DUI manslaughter, in which another person is killed as a result of an accident.

Call Our Experienced Orange County Drunk Driving Accident Law Firm

If you have been charged with DUI following an accident, do not hesitate to contact your Orange County drunk driving accident lawyer at Katz & Phillips, P.A., today.  Call (321) 332-6864 for the legal representation that you need and deserve. Don’t face these difficult circumstances on your own; let our experience guide you as we accompany you through every step of the court process and work together toward a successful resolution of your case.