In Florida, an individual may be convicted for DUI if his or her BAC (blood alcohol concentration) is found to be .08 or above, the legal limit in the state. For anyone who is younger than 21, the legal BAC limit is .02. Commercial drivers may be convicted of DUI with a BAC of .04 or higher. While any drunk driving offense is serious, those who have multiple DUI offenses or charges face criminal penalties that are far more harsh and damaging to their lives. At Adams, Luka, & Benton, our Orlando DUI defense lawyers are committed to providing those charged with multiple DUI offenses unsurpassed legal guidance and representation. It is our goal to prevent a conviction, or have charges dismissed in order to limit the damage to your reputation, career, and relationships.
The bottom line is that the more DUI convictions an individual has had in the past, the worse the punishment is for each subsequent DUI conviction. Essentially, DUI charges are enhanceable in the state of Florida, which means that the consequences of a second, third, fourth, or subsequent DUI will be harsher than those for a first offense. A third or subsequent DUI charge is considered a felony, which brings penalties that are more severe than those for misdemeanor DUI charges. If you have been arrested or charged with driving under the influence of alcohol or illegal drugs and it is your second, third, or even a fourth offense, it is imperative that you seek skilled and aggressive legal counsel at once.
Defenses to Multiple Offense DUI in FloridaWhen you have been arrested for driving under the influence on multiple occasions in the past, it is vital to discuss your situation with a compassionate Orlando DUI attorney. It is important to remember that because you have been arrested is no indication you will be convicted. Until proven guilty, you are innocent.
Defending against DUI charges is never easy, however in order to secure a guilty verdict the prosecutor must prove every element of a crime. We develop our defense strategies based on the facts of the case, the evidence the prosecution has, and whether errors may have been made in administering breath tests, field sobriety tests, etc. In addition, the stop may have been unlawful if the officer did not have reasonable suspicion to pull you over. We essentially look at the big picture and investigate to ensure your rights were not violated in developing a solid, effective defense on your behalf.
Criminal Penalties for Multiple DUI Offenses in Orlando & Central FloridaThe penalties an individual may face if convicted of DUI depend on how many prior DUI convictions the individual has, along with other factors. For example, if it is your second DUI you will face misdemeanor charges that could result in fines of up to $2,000, driver's license suspension, a maximum of nine (9) months in jail, six months to one year probation, vehicle immobilization, and more.
A third DUI conviction is a third-degree felony if it is within ten (10) years of a prior conviction for DUI. In this case, a conviction may result in your driver's license being revoked for up to ten (10) years, fines of up to $5,000, a maximum of five (5) years in prison, mandatory community service, vehicle immobilization, alcohol treatment and DUI school, and more.
It is important to note that the fines and penalties increase in the event a minor was in the vehicle at the time of the DUI arrest, or if the BAC was .15 or higher.
Commercial motor vehicle drivers may be charged with DUI if their BAC is .04 or above. For a second or subsequent DUI conviction, an individual who is employed with a CDL license may lose the right to operate a commercial motor vehicle permanently.
Contact Adams, Luka, & Benton NowWithout skilled legal representation, your freedom, reputation, and driving privileges are in jeopardy. A first DUI is serious enough, however being charged with multiple DUI offenses or as a habitual offender is true cause for concern. At Adams, Luka, & Benton, we have the skill, experience, and committed approach necessary to secure favorable results. Call us immediately for a free consultation at (407) 872-0307 or (352) 787-2101 and let us begin work on your case.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.