Orlando Dui Defense Lawyer

Driving Under the Influence (DUI) is a serious criminal charge in Florida that can have immediate and long-term consequences for your driver’s license, freedom, criminal record, insurance premiums, and future employment. A DUI conviction in Florida carries mandatory penalties including fines, a license suspension, vehicle impoundment, an ignition interlock requirement, and mandatory jail or prison sentences. The decisions you make in the first 10 days after your arrest can significantly impact the outcome of your case.

hardship license or formal review hearing?

One of the most critical deadlines in any Florida DUI case comes 10 days after your arrest. You have 10 days from the date of arrest to address the administrative suspension of your driver’s license with the Bureau of Administrative Review within the Florida Department of Highway Safety and Motor Vehicles. During this window, you may either challenge the suspension through a Formal Review Hearing or apply for a “Business Purpose Only” hardship license. Missing this deadline can result in an automatic suspension of your driver’s license and may affect your legal options. Because your ability to drive can affect your job, family, and daily life, it is essential that you speak with an experienced Orlando DUI defense lawyer as soon as possible after your arrest.

hardship license

A “hardship license” is a temporary restricted driver’s license which will allow you to drive for work, school, religious services, or “essential purposes.” Essential purposes have been defined under Florida law as reasons necessary to maintain your livelihood. A good rule of thumb is to ask yourself, “do I need to drive, or do I want to drive?” If you merely want to drive, then it is likely not covered by your hardship license.

A hardship license is critical in Florida because many people do not have access to reliable public transportation and public transportation is often not suitable for those that commute to work.

Not everyone will qualify for a hardship license. Most first-time offenders will qualify, but if you have ever been arrested for DUI before, you will not qualify for a hardship license. Even if the charges were dropped.

formal review hearing

A formal review hearing is held by the Bureau of Administrative Review within the Florida Department of Highway Safety and Motor Vehicles. A hearing officer will consider sworn testimony of the officers, review the police reports, and rule on arguments and motions made by a qualified DUI defense attorney. These hearings are typically conducted over the phone and are the only choice if you have ever been arrested for DUI, did not have a valid FL license at the time of your arrest, or have a Commercial Driver’s License which you wish to keep. If you apply for a hardship license, your Commercial Driver’s License may be suspended.

which should I choose?

This is a critical choice which may have serious ramifications on the legal process and your ability to drive. Before making a decision, contact Central Florida Justice today for a free consultation, or call/text (407) 561-1776 to speak directly with DUI Defense Lawyer Ben Baxter.

Driving Under the Influence law in Florida

To convict someone of Driving Under the Influence in Florida (Florida Statute 316.193), the State must prove that the accused was:

1. Driving or in actual physical control of a vehicle; and
2. That at the time, they had a breath/blood alcohol level over .08 or were under the influence of alcohol, drugs, or chemical substances to the extent that their normal abilities were impaired.

In Florida, “actual physical control” means being present in or on a vehicle with the ability to operate it, such as a person found sleeping inside a parked vehicle.

breath/blood/urine tests

After a DUI arrest in Florida, law enforcement will typically request that you submit to a chemical test of your breath/blood/urine under Florida’s Implied Consent Law. The decision to provide or refuse to comply with this request can have immediate long-term consequences for your driver’s license, criminal case, and your future. While many drivers assume that refusing these tests avoids providing the state with damaging evidence, a refusal is now punishable under Florida law and may add an additional criminal charge to your DUI case in addition to the administrative suspension of 12 months for a first refusal and 18 months for a subsequent refusal.

While it is true that breath test evidence is one of the State’s strongest tools in a DUI case, it is not always reliable or admissible. If breath test results are suppressed or excluded, prosecutors may lose one of their most persuasive pieces of evidence, which can create opportunities for reduced charges, stronger trial preparation, leverage in plea negotiations, or even case dismissal. It is critical to have an experienced DUI defense attorney with the knowledge and experience to challenge this evidence.

florida dui penalties

1st offense dui Penalties

• Mandatory Adjudication (conviction – cannot be expunged)
• Minimum $500 fine plus court costs ($1,000 if enhanced)
• Up to 12 months reporting probation
• Up to 180 days in jail (270 if enhanced, 1 year in crash cases)
• 6-12 month driver’s license suspension
• Minimum 50 hours of community service
• DUI school and any recommended treatment
• Victim Impact Panel
• 10 day impoundment of your vehicle
• Minimum 6 month ignition interlock in enhanced cases

2nd offense dui Penalties

• Mandatory Adjudication (conviction – cannot be expunged)
• Minimum $1,000 fine ($2,000 if enhanced)
• Up to 12 months of probation
• Up to 1 year in jail
• Minimum 10 days jail if the 1st DUI was less than 5 years ago
• 6-12 month driver’s license suspension
• 5 year DL suspension if the 1st DUI was less than 5 years ago
• Level 2 DUI School and any recommended treatment
• Victim Impact Panel
• 10 day impoundment of your vehicle
• 30 day impoundment if the 1st DUI was less than 5 years ago
• Minimum 1 year ignition interlock (2 years if enhanced)

3rd offense dui Penalties

• Mandatory Adjudication (conviction – cannot be expunged)
• Can be charged as a felony if within 10 years of any prior DUI
• Minimum $2,000 fine ($4,000 if enhanced, $5,000 as felony)
• Up to 12 months probation (5 years if charged as a felony)
• Up to 1 year in jail (5 years in prison if charged as a felony)
• 30-day minimum jail sentence if within 10 years of any prior
• 6-12 month Driver’s License Suspension
• 10-year minimum Driver’s License suspension for felony DUI
• Victim Impact Panel
• 90-day vehicle impoundmentMinimum
• 2-year ignition interlock requirement

DEFENSES TO DUI CHARGES

DUI cases involve more than the results of field sobriety exercises or a breath/blood/urine test. Even in cases where a person blows over the legal limit, issues with the traffic stop, the DUI investigation, and breath/blood/urine test procedures can be essential to building a strong defense.

the traffic stop

Police officers in Florida must have probable cause that you committed a civil traffic violation or reasonable suspicion of criminal activity in order to lawfully initiate a traffic stop. In reality, many traffic stops are based on a “hunch” that the driver is impaired. An experienced DUI defense attorney like Ben Baxter can find flaws in the officer’s actions and use that to ask the Court to exclude evidence gained as a result of an illegal traffic stop.

the dui investigation

When officers ask you to exit your vehicle for a DUI investigation, they must have “reasonable suspicion” that you are driving under the influence. Typically, officers will say that they smelled alcohol and that you had bloodshot eyes and the smell of alcohol on your breath. DUI defense lawyer Ben Baxter will analyze every report and every minute of video footage to scrutinize the officers’ claims to develop arguments that officers complied with Florida law when they conducted their investigation and whether or not they exaggerated, manufactured, or embellished details of their report which are not supported by the video evidence.

the arrest

Florida law enforcement officers must have “probable cause” to arrest you for DUI. That means that they must either have a wheel witness in a crash case or must personally witness every element of the offense when there is no crash. Officers are trained using the National Highway Traffic Safety Administration (NHTSA) manual. This describes how officers must conduct field sobriety exercises, and what they must observe to justify an arrest decision. DUI defense lawyer Ben Baxter uses this manual against them to argue that the signs of impairment that the officers observed were in fact, the result of their own failure to properly administer the exercises.

the breath test

Florida’s Implied Consent Law establishes strict legal procedures that law enforcement officers must follow when requesting and administering a breath test to a person arrested for DUI. These rules are not optional, and when an officer fails to follow them properly, breath test results may be challenged or even excluded from evidence. In many DUI cases, the legality of breath test results can be one of the most important factors in determining whether the State can successfully prosecute the case. Errors involving implied consent warnings, breath test administration, observation periods, machine maintenance, officer certification, or other procedural compliance issues can create a powerful defense tool which may lead to the reduction or even the dismissal of DUI charges.

Trial

When you are facing DUI charges, the stakes are high. You need an advocate who has the experience, skill, and willingness to take the case all the way. DUI Defense lawyer Ben Baxter has taken 40 criminal cases to verdict at trial, winning 36 of them. He is not afraid to take your case to trial, and he knows which arguments are most persuasive when your fate is in the hands of a Jury. Ben’s training as a prosecutor and over 10 years of experience litigating criminal cases are why he’s the right attorney to take your case all the way. He will use the State’s own tools against them during trial to convince the Jury that the only proper verdict is one of “Not Guilty.”

A former Prosecutor on Your Side

Former prosecutor and DUI defense attorney Ben Baxter understands these procedures from both sides of the courtroom. During his career as a prosecutor, Ben helped train law enforcement officers how to properly conduct DUI investigations, giving him firsthand insight into how breath test evidence is supposed to be obtained and where officers often make the most critical mistakes. Now he uses that knowledge to aggressively challenge DUI prosecutions. Ben also has advanced training in reviewing breathalyzer maintenance and calibration records, allowing him to carefully evaluate whether the breath testing instrument was functioning properly or whether machine defects, maintenance failures, or operator mistakes have compromised the machine or the results.

Central Florida Justice can Help

Central Florida Justice founder Ben Baxter is a former prosecutor and an experienced Orlando DUI defense lawyer. He understands how DUI cases are investigated and prosecuted because he spent years prosecuting these cases on behalf of the State Attorney’s Office. Now he uses that experience to defend his clients’ rights and fight for the best possible outcome in their case. He knows how to scrutinize breath test results, field sobriety tests, and other procedural issues that could be critical in defending your rights and protecting your driver’s license.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or a loved one is facing a DUI charge in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, or Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with DUI defense attorney Ben Baxter.