Orlando Second, Third & Felony DUI Attorney
DUI laws are found under Florida Statute 316.193. If you are charged with a second DUI and the first DUI was not within five (5) years of the second DUI, there will not be any mandatory jail, however there is a mandatory driver’s license revocation of 180 days up to one year if convicted. However, the Prosecutor may try to impose jail. We can help defend against this happening.
If you are charged with a second DUI within five (5) years of the first DUI, there is a mandatory 10 days in jail and a five (5) year revocation of your driver’s license if you are convicted. If you are charged with a third DUI within ten (10) years of the first DUI, there is a mandatory thirty (30) days in jail and a ten (10) year revocation of your driver’s license if you are convicted. If the third DUI is not within ten (10) years of the first DUI, there is no mandatory jail sentence, however, the Prosecutor may try to impose jail if convicted. Also, If you are charged with a third DUI, the Prosecutor can charge you with a third degree felony, which carries a maximum of five (5) years in prison.
If you kill someone while you are DUI, you may be charged with DUI Vehicular Manslaughter, which is a second degree felony and carries a maximum penalty of fifteen (15) years in prison if convicted. This charge can be enhanced to a first degree felony if the DUI driver willfully leaves the scene of the crime. DUI’s are serious crimes, which can significantly affect an individual’s life and driving privileges. At The Law Office of Travis Williams, we understand the criminal and civil implications of a DUI, especially when someone else is injured or dies as a result.
Refusal of Breath Test/DMV Hearing
If you refuse to take a breath test, your driver’s license may get automatically suspended for a significant period of time depending on the number of prior refusals. If you take a breath test and your breath alcohol level is over. 08, your driver’s license may also get automatically suspended. These suspensions may apply even though you have not been convicted of a DUI.
In order to invalidate the automatic driver’s license suspension, you will have 10 days from your arrest to request a hearing with the Florida’s Department of Highway Safety Motor Vehicle or DHSMV. A hearing will then be set, usually within 4 weeks, (during which time you can apply for a temporary business purpose only driver’s license) where DHSMV will decide whether to uphold or invalidate the automatic suspension. We recommend you retain a lawyer to defend you at this hearing, because there are a number of technical arguments that can be made to invalidate DHSMV’s automatic suspension. If you win this hearing your driving privileges will be restored.
Also, under a law passed in July 2013 under Florida Statute 322.271(7), you may be able to get a hardship/business license during your suspension period. Contact us to discuss the criteria and qualifications to get a hardship/business license.
You can also be charged with driving under the influence of drugs or a controlled substance. In order for a police officer to arrest an individual for driving under the influence of drugs, he/she must have probable cause. Usually, once an individual is arrested for driving under the influence of drugs he/she will be asked to submit to a urine test. Before a police officer can do that he/she must have probable cause that the individual is under the influence of drugs. Police officers without the requisite drug training and DUI experience may not lawfully be able to do that. Often, police officers unlawfully make arrests for drug DUI when they do not have the requisite drug training and DUI experience. We know what to look for at the Law Office of Travis Williams and will ensure your constitutional rights are not violated.
Boating under the Influence or BUI
Florida Statute 327.35 makes it a crime in Florida to operate a boat while under the influence of alcohol or a controlled substance (BUI) to the extent it impairs your normal faculties, or if you have a breath or blood alcohol level of .08 or higher. Punishment for this offense can include jail, probation, or a significant fine. The penalties increase in severity if it is your second or third BUI. If an individual commits a fourth or subsequent BUI, he/she will be guilty of a felony.
We are extremely experienced with these types of charges and can help aggressively defend them. Contact The Law Office of Travis Williams at 407-425-4755.