DUI in Orange County, FL
Florida law provides two alternative theories of proving DUI offenses under § 316.193(1)(a)&(b). First, the prosecutor can show driving while normal faculties are impaired under an “impairment theory,” which requires showing impairment of normal faculties from alcoholic beverages or any chemical or controlled substance.
Second, the prosecutor can show DUI under a “strict liability” theory of driving, regardless of a showing of actual impairment, by having:
- a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
- a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
The criminal penalties for DUI depend on factors including:
- the number of prior convictions;
- the length of time between convictions;
- the defendant’s blood alcohol level is over .15;
- whether a child was present as a passenger;
- whether a crash occurred causing only property damage;
- whether another person suffered non-serious injury during a crash;
- whether a serious injury occurred; or
- whether a death occurred.
The penalties for a first time driving under the influence offense with any enhancing factors are punishable by:
- A period of probation for up to twelve (12) months;
- A term of imprisonment for not more than six (6) months (although no jail time is required);
- A fine of not less than $500 or more than $1,000;
- A requirement to complete DUI school and follow-up treatment;
- A mandatory fifty (50) hours of community service; and •
- A mandatory ten (10) day vehicle impoundment.
Attorney for DUI in Orange County, FL
If you were arrested for DUI in Orlando or Orlando County, FL, contact an experienced DUI defense attorney at Sammis Law Firm.
We can help you decide whether to contest the administrative suspension at a formal review hearing or waive your rights by seeking immediate hardship driving privileges.
We understand the standard operating procedures used by law enforcement agencies in Orange County, FL, including:
- Orange County Sheriff’s Office;
- Orlando Police Department;
- Apopka Police Department;
- Belle Isle Police Department;
- Eatonville Florida Police Department;
- Edgewood Police Department;
- Maitland Police Department;
- Ocoee Police Department;
- University of Central Florida Police Department;
- Windermere Police Department; and
- Winter Park Police Department.
Whether you refused to take a chemical test of your breath, blood, or urine, give us a call.
Whether you refused or blew over the legal limit of .08, you only have 10 days after the arrest to demand a formal review hearing to protect your driving privileges.
We represent clients charged with a first DUI or a second or subsequent offense.
Call 813-250-0500.
DUI Diversion Program in Orange County, FL
The Orange County Corrections Department supervises the Pretrial Diversion Program for DUI cases. The Office of the State Attorney determines eligibility to enter the program.
The eligibility requirement includes:
- No prior alcohol-related driving offenses, regardless of the way the case was resolved;
- No more than two prior misdemeanor convictions;
- No incidents involving a crash or accident; or
- the BAC must not exceed .220.
If you are accepted into the program, you must complete the following conditions:
- be supervised for:
- nine (9) to twelve (12) months in the DUI Tier 1 cases (BAC < .15%)
- twelve (12) to fifteen (15) months in the DUI Tier 2 cases (BAC > .15%)
- complete DUI school Level I;
- complete the Victim Impact Classes through MADD or Florida Safety Council;
- submit to a substance abuse evaluation and any recommended follow-up treatment;
- complete 50 hours of community service;
- pay a telephone reporting fee of:
- for Tier 1, the fee is $55 for 9 months or $73 for 12 months
- for Tier 2, the fee is $73 for 12 months or $91 for 15 months
- pay a $50 State Attorney fee;
- pay the cost of supervision fee:
- $600 for Tier 1; or
- $750 for Tier 2;
- pay a $17 drug test fee;
- pay a $20 intake fee;
- pay law enforcement investigative costs;
- complete a 10-day Vehicle Impoundment/Immobilization and a $500 monetary contribution for Tier 1; or
- complete a 6-month Ignition Interlock and a $1000 monetary contribution for Tier 2.
Read more about the DUI diversion program in Orange County, FL.
This article was last updated on Tuesday, November 5, 2024.