DUI/DWI

 

Driving Under The Influence/ Driving While Intoxicated

In America on average, 900,000 people are arrested each year for DUI/DWI, and in the State of Florida that is equal to 33 for every 10,000 people are arrested for DUI-related accidents every year. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.  


Driving under the influence of alcohol or drugs is a very serious offense in Florida, and a DUI conviction can have very harsh ramifications upon your driver's license. However, the driver's license consequences can begin much earlier in the Florida DUI administrative license suspension process.

Beyond the driver's license penalties associated with a Florida DUI, you must recognize that driving under the influence (DUI) is a criminal offense in Florida. In addition to other penalties, a person charged with DUI in Florida faces the possibility of jail time and high fines. When you are accused of a DUI in Florida, your license to drive is, in most cases, immediately confiscated and you face the possibility of losing your driving privileges for six months or longer. 

As a result of your Florida DUI arrest, you face a variety of potential punishments, including jail time, (whether you have a Florida driver’s license or a license issued by another state), large fines, mandatory alcohol treatment, liability insurance rate increases, and the possibility of losing your job.  We provide a clear explanation of the statutory penalties which may be imposed upon a DUI conviction. We also provide an explanation of the possible driver's license consequences which may result from the DUI charge. It is important to recognize at the outset of the case that the criminal consequences of DUI conviction and the possible administrative license suspension consequences are separate matters. 

Also, many of our client's face "collateral" consequences (i.e., employment ramifications) which may be their foremost concern as a result of the charge.

If you are a first-time DUI offender, here are the penalties in Orange and Seminole Counties:
•Up to a 12 month driver's license suspension

•Up to 6 months in county jail, 12 months in jail if there was any property damage

•Fines and court fees of up to $1000

•Up to 12 months probation

•50 hours of community service

•10-day vehicle impoundment

•DUI School

•Victim awareness Panel

•Crash Project (only in Seminole County)

The attorney’s at The Law Offices of Darylaine Hernandez will do everything possible to obtain the result you desire.  Our attorneys will always be prepared to present your case to a jury if necessary. Successfully defending a Florida DUI does not necessarily mean that you will face a trial, but your attorney must be prepared for a trial. It is critical that every person facing a Florida DUI charge understand their rights and the procedure which you will undergo in your DUI case.

To avoid trial and have an opportunity to have your DUI dismissed or reduced, you must have an experienced and dedicated attorney that will dedicate the time and effort necessary develop defenses in your case. If you currently have a DUI lawyer that is unwilling or unable to represent you in a jury trial, you may be unknowingly giving up one of your most valuable rights - your right to a jury trial.  

AUTO ACCIDENTS

 

In August 2011, CNBC.com reported that based on the most recent motor vehicle crash data from the National Highway Traffic and Safety Administration, Orlando ranks as the second most dangerous city for driving in the United States.  

According to the data, in 2010 Orlando had a total automobile-related fatality rate of 19.95 persons per 100,000 population.  

With Orlando having the highest number in vehicular homicides at 46 in 2010, there are many contributors to this data including the number of foreigners and tourists being unfamiliar with our roads, senior citizens, young drivers, along with spring breakers that may have a delayed or impaired reaction.  

With such risk factors on Orlando’s roads, you can easily become injured by another driver’s reckless behavior.  Despite the frequency of accidents, the resulting injuries can have serious effects on a victim's life. 

Besides property damage, car accident victims often face high medical bills, insurance claims, lost wages, pain and suffering, severe injury, permanent disability, or even death. If you or a loved one has been injured in a car accident, you may be entitled to financial compensation.

Whether it appears to be your fault or the other party's fault, you should immediately consult with an experienced attorney in your area. This is crucial in protecting the legal rights of all involved in a serious car accident. Time is of the essence in auto claims because witnesses' memories fade, physical evidence can be lost and recovery of expenses by the victim can be delayed. 

This is why we recommend you immediately contact an experienced legal professional for advice on the next steps you should take.