Driving Under the Influence (DUI) Defense Lawyers in Seminole County, Florida

Laws, Charges, Punishments, and Legal Defenses for Seminole County Driving Under Influence (DUI) of Alcohol or Drugs

Seminole County, Florida is centrally located county in Florida. According to data provided by the U.S. Census, Seminole County has a population that exceeds 471,000 people. The City of Stanford is the county seat of Seminole, Florida. Stanford is also the Seminole County´s largest metropolitan city. Seminole County is part of the Orlando-Kissimmee-Sanford Metropolitan Statistical Area (MSA). The Seminole County Criminal Justice Courthouse is located at 101 Eslinger Way, Sanford, Florida, 32773. According to data released by the Florida Department Law Enforcement and Motor Vehicles^(.pdf) states that there were 752 DUI arrests in 2019.

Driving Under the Influence in Seminole County, Florida

Florida's DUI laws are comparable to the DUI laws of other states throughout the United States in terms of the blood-alcohol content (BAC) legal limit of .08% or less. All drivers in the State of Florida should have a broad understanding of everything that is at stake when arrested and charged with DUI in the State of Florida.

The Seminole County DUI Defense Lawyers at Musca Law have over 150 years of combined experience representing individuals charged with DUI and all other criminal defense matters. Our firm is dedicated to protecting the constitutional rights of people throughout the State of Florida. If you or a loved one are facing DUI charges, you must speak with a qualified DUI Defense Lawyer as quickly as possible. The more time that passes before obtaining legal advice from an experienced attorney, the more difficult it will be to defend you from the harsh consequences of a DUI conviction. At Musca Law, our legal professionals are standing by to assist you 24/7. Contact our Seminole County DUI Defense Attorneys at Musca Law and find out how we can aid you in fighting your Seminole DUI charges. Call Musca Law 24/7 at (888) 484-5057.

Florida DUI Laws, Penalties, and Additional Consequences

DUI charges, according to Florida law range in severity from a simple misdemeanor charge to a serious first-degree felony.

According to Florida Statute Section 316.193(1), an individual may face DUI charges if prosecutors can establish the following:

The person facing DUI charges was driving or in actual physical control of a vehicle; and

• The person was under the influence of alcohol, a chemical substance, or a controlled substance, and was intoxicated to the extent that the “person’s normal faculties are impaired;
• The person had a blood-alcohol level of .08 or more grams of alcohol per 100 milliliters of blood; or
• The person had a breath-alcohol level of .08 or more grams of alcohol per 210 liters of breath.

The above criteria need to be established for any DUI charge in Seminole County, Florida. DUI offenses become even more serious when supplementary circumstances are involved. For example, repeat DUI offenses. DUIs involving accidents, personal injuries, property damage, and fatalities.

Criminal Penalties Resulting from Various DUI Convictions

Under Florida law, the following penalties apply to DUI offenses:

DUI Charge	Classification	Maximum Jail Time	Maximum Fine
First DUI Offense with BAC of .08 or more	Unclassified Misdemeanor	6 Months	$1,000
First DUI Offense with Minor Under 18 in Vehicle	Unclassified Misdemeanor	9 months	$2,000
First DUI Offense for BAC of .15 or more	Unclassified Misdemeanor	9 months	$2,000
Second DUI Offense with BAC of .08 or higher	Unclassified Misdemeanor	9 Months	$2,000
Second DUI Offense with BAC of .15 or higher	Unclassified Misdemeanor	1 Year	$4,000
DUI Offense Involving Damage to Property	First-Degree Misdemeanor	1 Year	$1,000
Third DUI Offense More than 10 Years After Prior Offense	Unclassified Misdemeanor	1 Year	$5,000
Third Offense within 10 Years	Third-Degree Felony	5 Years	$5,000
Fourth or Subsequent DUI Offense	Third-Degree Felony	5 Years	$5,000
DUI Involving Serious Bodily Injury	Third-Degree Felony	5 Years	$5,000
DUI Manslaughter (death of another person or unborn child)	Second-Degree Felony	15 Years	$10,000
DUI Manslaughter Involving Driver Who Failed to Render Aid	First-Degree Felony	30 Years	$10,000

 

What You Should Know About Police Officer Discretion in Seminole County, Florida

While a majority of DUI charges are due to driving while intoxicated by alcohol, some DUI arrests are drug-related. Often, arrests are the result of a person's behavior. If the driver's "normal faculties are impaired," the driver could be arrested and charged with Driving Under the Influence regardless if a law enforcement officer is unable to prove, at the time of arrest, that the operator is under the influence of drugs. Whether a driver's "normal faculties are impaired" might be a point of dispute when defending DUI charges.

Also, whether a person was operating or in substantive physical control of a motor vehicle could also be a point of dispute during a DUI criminal trial. One law enforcement officer may hold a that a driver was in control of a motor vehicle while another law enforcement officer doesn't reach the same determination. For example, in situations where a driver is sitting in the driver's seat of a parked car with the ignition turned off. DUI enforcement officers routinely use their discernment to decide whether a driver has violated the law. Such determinations do not always lead to an accurate conclusion or result. For example, when DUI enforcement officers have the ability to make "judgment calls," the officers sometimes make errors. By way of example, an officer may fail to read the driver his or her Miranda rights.

Police discretion may be needed for some situations, but it could lead to DUI charges that aren't justified in other cases. Hence, to have the best chance of challenging DUI charges in Seminole County, the accused must move expeditiously to discuss their case with one of our experienced Seminole DUI Defense Attorneys.

The Dismissal or Reduction of DUI Charges in Seminole County, Florida

The ultimate goal when challenging DUI charges in Seminole County is to get the charges dropped based upon a variety of legal grounds. If the prosecutor is unable to establish all of the elements of proving a DUI offense has occurred, the defendant may have the ability to file for a dismissal of the DUI charges. However, several defendants who decide to defend themselves or choose to be represented by a public defender do not always obtain a favorable result. Public defenders are hardworking and qualified lawyers. However, government agencies do not always have the resources that a private law firm with a large team of attorneys and legal support staff members.

An accused person, with no criminal record, has a real chance of either having adjudication withheld or having DUI charges dismissed (if the prosecution's evidence is not sufficient and/or the prosecutor is unable to secure a conviction at the DUI criminal trial). When adjudication is withheld, the defendant will receive probation and will be required to finish a series of additional requirements which include, but may not be limited to, the following:

• Community service;
• Installation of an ignition interlock device on the accused person’s vehicle;
• Successful completion of alcohol and drug abuse counseling;
• Submission to routine and/or random alcohol and drug testing;
• Successful completion of alcohol and drug abuse education courses; and
• Suspension or revocation of a driver’s license.

Many of these punishments can be imposed on people who are convicted of DUI. However, when adjudication is withheld, the defendant can avoid a DUI conviction on his or her record.

The Non-Criminal Consequences of a DUI Conviction in Seminole

If an individual is convicted of a DUI in Seminole County, the driver will face severe consequences that reach far beyond monetary fines and jail time. Examples of such consequences include, but may not be limited to, the following:

• A criminal record that is publicly-viewable;
• Difficulty traveling to and from work or school;
• Difficulty obtaining employment;
• Difficulty renting a home or apartment;
• Difficulty obtaining credit;
• Difficulty being accepted to a college or university; and
• A tarnished reputation that may cause one to lose his/her job, lose friends, and generally be seen as a criminal.

Although some of these consequences may not affect all individuals convicted of a DUI in Seminole County, having any criminal record can create hurdles for individuals as background checks performed by any party or agency will show a DUI conviction. DUIs certainly are not as serious as violent crimes or crimes of dishonesty (such as fraud), but they still attach a stigma to a person despite the unique circumstances of that person’s case. Overall, the stronger and more experienced the Seminole DUI Defense Lawyer, the better off a person will be when facing prosecutors in the courtroom.

The Arrest and Detention Process for Suspected DUI in Seminole County, Florida

Florida law provides law enforcement officers with the authority to detain a presumed offender for a specific number of hours after an arrest on potential DUI charges.

Per Florida Statute Section 316.193(9), a driver arrested on suspicion of DUI must remain in custody until one of the following has been satisfied:

• The person is no longer under the influence of alcohol, chemical substances, or controlled substances to the extent that such intoxication has impaired the person’s normal faculties;
• The person’s blood-alcohol level or breath-alcohol level is less than .05; or
• Eight hours have elapsed from the time the person was arrested.

While police officers can keep arrested individuals in custody as allowable under Florida law, it is not uncommon for them to be detained longer than allowed under Florida law. In such cases, it is particularly important to speak with one of our Seminole County DUI Defense Lawyer as quickly as possible after your arrest. Regrettably, without timely legal representation, some people with pending DUI charges will have an uphill battle to obtain a good result given the circumstances of the underlying DUI offense.

Steps to Developing a Powerful Defense to a Seminole County DUI Charge

Even the best attorney in Florida cannot guarantee a client will obtain positive results. Florida law even prohibits lawyers from promising or guaranteeing a specific result in a case. But, by heeding the six steps below, those facing DUI charges in Seminole County provide themselves with the best probability of reaching a favorable result which may help them to avoid the harshest punishments under Florida law – jail time and fines.

• Step 1 – Upon arrest, decline to answer any questions any law enforcement officer asks you. Instead, you should remain silent and state that you want to contact a lawyer. It would be best if you also were calm, polite, and respectful to the officers. Anything other behavior than cordiality will damage your case going forward. Being cooperative but silent and by not giving up your legal rights is the most beneficial approach to the situation.
• Step 2 – Contact one of our experienced Seminole County DUI Defense Lawyers as quickly as possible after an arrest. If you are permitted to make a telephone call, your first call should be to Musca Law or a close family member or friend who can contact Musca Law on your behalf. Do not wait several days or weeks to contact an attorney. Speaking with an attorney should be your top priority.
• Step 3 – Chose a lawyer who focuses only on criminal law. Many attorneys in Seminole County have multi-purpose practices, and they handle a variety of legal matters. Many of these attorneys and law firms handle DUI cases but also handle cases involving medical malpractice, personal injury, workers’ compensation, family law, and many other non-criminal areas of practice. While such law firms might employ excellent attorneys, an attorney who focuses exclusively on criminal matters is in the best position to provide experienced legal representation in a Seminole County, Florida DUI case.
• Step 4 – Be honest with your attorney about your legal situation. The discussions you have with your attorney are protected and always confidential. As such, your attorney is unable to disclose the information you disclose. The more your attorney understands about your legal situation, the more likely this attorney can help defend you against DUI charges in Seminole County. Furnishing false information to your attorney could be catastrophic when seeking to have your DUI charge dropped or reduced to a lesser serious offense. If you have a criminal history (crimes charged in Florida or another state), you need to disclose this information to your attorney.
• Step 5 – Make sure to attend all meetings and court dates on time, as directed by your attorney. Being late to court hearings or failing to make an appearance altogether could result in the judge issuing a warrant for your arrest. This will only add more headaches to an already stressful criminal matter. Additionally, be courteous in court and make the best impression possible. Dressing well and being respectful to all parties and the judge will make a difference.
• Step 6 – Follow the guidance of your attorney. Your attorney has your best interests at heart and will work hard to ensure your legal rights are protected. But your lawyer can only do the best job possible when clients are helpful and follow directions. By way of example, if your attorney says you will not drive while your DUI case is pending, do not drive your car or any other motor vehicle. Such direction may appear obvious, but several people facing DUI charges continue driving when they are not legally permitted. In some instances, individuals facing a first-time DUI defense may be permitted to drive on a limited basis while a DUI matter is pending. However, this must be cleared by the proper authorities
• Step 7 – After evaluating all evidence made available to you by the prosecution handling your Seminole County DUI charge, your attorney will decide whether grounds exist to attempt a dismissal of your DUI charges. Your criminal history could be a meaningful determinant that your attorney and prosecutors will consider when deciding whether DUI charges should be dropped or reduced.
• Step 8 – Trust that your attorney will do their best to help you dodge jail time and expensive fines. A jail sentence is one of the most severe penalties for a DUI conviction. If a DUI case involves physical injuries to another person or death, jail time will not be avoided unless the charge can be dropped on legal grounds or found “not guilty” at trial. However, for a majority of DUI cases, which are often first offenses, jail time is avoidable as long as you comply with all conditions of an alternative program that withholds adjudication.

Protect Your Legal Rights by Calling the Seminole County DUI Defense Attorneys at Musca Law Today

If you or a loved one are facing DUI charges in Seminole County, you should take immediate action to speak with a qualified Seminole DUI Defense Lawyer who will thoroughly assess your case. At Musca Law, our attorneys work hard to develop the best defense for our clients. At Musca Law, our award-winning trial lawyers represent clients all types of criminal matters in the State of Florida, including DUI cases. To discover what legal options you may possess for defending against Seminole DUI charges, contact Musca Law by calling (888) 484-5057.