Z Law Firm

DUI Attorney Orlando If you have been arrested and charged with a DUI, you undoubtedly are experiencing feelings of uncertainty and angst.   A criminal conviction for DUI can effect you personally, professionally, and financially.   Even if this is your first DUI, the penalties can be severe. With so much on the line, it is important for you to consult with an experienced Orlando DUI Attorney who has experience and knowledge of Florida DUI laws.   This experience could mean the difference between a criminal conviction and having your charges reduced or dismissed. DUI Penalties Unlike most other criminal cases, DUI offenses leave the Court very little discretion when it comes to sentencing.   For a first-time DUI offender , some of the potential penalties that they may face include: Conviction: even if this is your first criminal offense, the Florida Legislature requires the Court to enter a mandatory conviction.   This means that you will hav...

Unlike most criminal cases, DUI cases seem to affect the broadest demographic of clients.   According to the Centers for Disease Control and Prevention (CDC), in 2014, over 1.1 million Americans were arrested for DUI.   If you have been arrested for DUI, there are some things that you need to know. In the State of Florida, an arrest for a DUI will not only result in a criminal charge, it will also result in an Administrative Suspension of your driving privileges through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) if you refused to provide and blood, breath, or urine sample, or if you provided a breath test in excess of the legal limit. As frightening as the prospect of having to appear before a Judge to answer to the DUI charge might be, your first concern should be in regards to your driving privileges.   You only have 10-days from the date of your arrest to either apply for a hardship license or to file an Application for a Formal Revie...

A Florida DUI case was reversed following the Second District Court of Appeals conclusion that the circuit court had applied the wrong standard of review. A Sarasota man was arrested and charged with DUI .   Law enforcement made the arrest for DUI based on their assessment of the man’s level of intoxication during the traffic stop.   The officer testified that the defendant smelled of alcohol, was slurring his words, and had bloodshot and glassy eyes.   The defendant admitted to have been drinking, but advised that he had only one beer and one shot. A Motion to Suppress was filed on the basis that law enforcement did not have probable cause to make the arrest for DUI .   The key piece of evidence was a dash camera that recorded the encounter.   The county court judge agreed that the video contained no indication that the defendant had slurred speech or was impaired and granted the motion.   The State appealed to the circuit court which rev...

DUI laws in the State of Florida and across the country were shaken upon following the United State’s Supreme Court’s ruling in Birchfield v. North Dakota .   The issue that was presented was whether in the absence of a warrant, may a state statute criminalize an individual’s refusal to submit to a blood alcohol test. In the State of Florida, refusal to submit to a breath, urine or blood test can be considered a criminal misdemeanor according to Florida Statute §316.1939.   Pursuant to section 316.1939: Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932 , and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and: (a) Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic ...

In 2012, there were nearly 70,000 hit and run crashes in the State of Florida which resulted in 17,000 injuries and 166 fatalities.   This number of fatalities equates to nearly 3 Floridians killed each week in hit-and-run crashes. On February 15, 2012, Michele Traverso was on his way home from an evening of drinking when he ran over two cyclists and fled the scene.   One of those cyclists, Aaron Cohen was killed and the defendant received a sentence of twenty-two months of incarceration. In response, the Florida Legislature began to make proposals to Florida Statute §316.027 that were contained in Senate Bill 102.   This Bill became law effective July 1, 2014.   Some of the changes to Florida Statute §316.027 include the following: ·         Leaving the Scene of an Accident resulting in bodily injury is now a 2 nd degree felony rather than a 3 rd degree felony; ·         A minimu...

For those who were charged with the offense of Driving Under the Influence (DUI) prior to July 1, 2014, Florida Courts would impose the condition of the ignition interlock device only individuals who were either charged with a subsequent DUI (see Florida Statute §316.193(2)(a)(3)) or with a DUI where there was a blood alcohol or breath alcohol level that measured in excess of 0.150 or had a minor in the car (see Florida Statute §316.193(4)). Following the 2014 Legislative Session, Florida Statute §316.193 has been amended by adding §316.193(2)(c).   In addition to the penalties already listed in §316.193(2), Florida Courts may now impose the following: the court may order placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 for at least 6 continuous months upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person if, at the time ...

The Fourth Amendment is still alive.   In a unanimous decision (9 – 0 for those of you keeping score), the United States Supreme Court held that law enforcement may not search the cell phones of criminal suspects upon arrest without a warrant.   The justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement. The issue arose following the arrests and subsequent conviction of defendants in Massachusetts and California.   In these cases, United States v. Wurie , No. 13-212 and Riley v. California , No. 13-132, the defendants were convicted, in part, after phone numbers, text messages, photos and addresses obtained from personal electronic devices linked them to drug and gang activity.   Those cases were appealed to the high court, giving it an opportunity to re-enter the public debate over the limits of privacy rights, with...

For almost a decade, the legal blood alcohol level for DUI cases has been 0.08.  The National Transportation Safety Board (NTSB) is now recommending that the level be reduced to 0.05 claiming that this decrease would reduce alcohol related crashes by fifty (50) percent.  The NTSB Chairman was quoted as saying, "This is critical because impaired driving remains one of the biggest killers in the United States."

In 2008, the Florida Legislature greatly enhanced the penalties for a first-time DUI offender.   Prior to 2008, a first-time DUI was enhance able only after the accused provided a breath alcohol level over a 0.20.   Beginning in 2008, the breath alcohol level required to enhance the penalties for DUI was reduced to 0.150, subjecting many more persons to the enhanced DUI penalties. Today, if you are faced with a DUI with a breath alcohol level of a 0.150 or higher, you may be faced with a fine of not less than $1,000.00 and not more than $2,000.00; imprisonment of not more than nine (9) months and the mandatory placement of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than six (6) continuous months.