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, then contact an experienced DUI defense attorney at Sammis Law Firm.

We can help you decide whether you should contest the administrative suspension at a formal review hearing or waive your rights by seeking immediate hardship driving privileges.

Call 813-250-0500.