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Orlando DUI
Welcome to DUIOrlando.org the site was developed in order to inform the residents of Orlando, FL about the DUI laws and penalties.
If you have been charged with a DUI in Florida (Driving Under the Influence), there’s five things that you need to consider:
Take your DUI charge very seriously
- A conviction for a DUI in Florida will have long lasting consequences. A criminal record can affect your employment, your future & your personal freedom.
- Each Florida DUI Lawyer at duiorlando.org offers an initial review of your drunk driving charge. Your inquiry is both free & confidential.
- To begin fighting your DUI charge, use the list above to locate a Florida DUI Lawyer in your county who knows the Florida DUI laws. But do it now, as time is very critical in a DUI case.
- Immediate License Suspension – If you refuse to submit to a breath/urine test, Florida DUI law requires that your license be suspended as of the arrest date for one year for the first offense & 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest & when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit five or more times. You must provide proof of enrollment in a DUI School to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office.
- According to the Florida DUI law, your license will be suspended as of the arrest date for 6 months for the first offense & one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license. You will be eligible for a hardship license on the first & any consecutive suspension, unless you have been convicted of a DUI in Florida five or more times. Under the Florida DUI law, you must provide proof of enrollment in a DUI School to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, & pay $115 administrative fee & $35 reinstatement fee & any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage & a $15 reinstatement fee will be required.
DUI Refusal
As you get pulled over, if the police officer suspects that you have been drinking, they will need to prove it through one of several tests. DUI tests include:
- Field Sobriety Test
- Breathalyzer
- Blood Urine
The breathalyzer is the most common of all of the tests because it can be conducted before an arrest is made. But, what happens to you if you refuse to submit to one or all of these tests? Do you know what your rights are in the state of Florida? It is important that you will know your rights and what is at stake if you refuse to submit to these DUI tests.
What Will They Do First
The first thing that will happen whenever you are suspected of driving drunk is that the police will conduct what is known as a field sobriety test. This is a test which may include:
- Asking you to walk in a straight line
- Reciting the alphabet backwards from ‘Z’ to ‘A’
- Standing on one leg
- Horizontal Gaze Nystagmus (HGN)
If at any time you are considered not to have passed this test, the police officer is required to administer a breathalyzer test. This is when you will blow into a machine which will measure your Blood Alcohol Content (BAC). Refusal of this test can lead to stiff penalties which are similar to having taken and failed the test.
The best idea is to simply take the test and to fight your case in court. You have a much better chance of fighting the calibration of the machine in court than you do an ability to contest that you did not take the test. Those who refuse will still have to go to court and pay hefty fines and fees for refusing the test. Penalties include having your license suspended for a year form when you were arrested and court fees associated with your case.
Those who are under the influence of drugs will not have to worry about it showing up on a breathalyzer. Your concern will be for a blood or urine test. This is something which will require you to be arrested and taken to the hospital or lab by the police. You will be locked up in jail while you are waiting to get the results. You will not be able to get bonded out because they are waiting to find out what the charge might be. Only ask for these tests if you are sure that they will exonerate you.
Refusal of all tests will guarantee that you will be kept in jail. You will not be released on bond until you go to court. The court will review your criminal and driving record to determine if you need to remain in jail or if you can be released on bond. Any tests you do submit to between the time that you are arrested and the time that you go to court will be used to consider your fate. It is very important to seriously consider whether it is worth it to refuse to take the DUI tests.
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