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The attorneys at Jordan Law both began their careers

as government attorneys, practicing only Criminal Law.  

In that time we've handled almost 10,000 cases throughout Orlando, Conway, Avalon Park, Maitland, Baldwin Park, Apopka, Winter Park, Altamonte Springs at the University of Central Florida and elsewhere in Orange, Seminole, Brevard, Lake, Osceola, Sumter, Volusia County and throughout Central Florida.  Whether your case is a misdemeanor of the second degree or a punishable by life felony, don't take your chances alone.

 Let us put our knowledge and experience to work for you on your case and prove that the best defense is a good offense.

Myths about DUIs:

  • You do not have to be driving to get a DUI.  In the State of Florida there is what's called "actual physical control," that means that if you are capable for operating the vehicle and driving, you can get convicted of a DUI.  This usually arises when someone is asleep in a running car, sleeping in the backseat with the keys on them, or wandering around the vehicle with the keys.

  • You do not have to be DRUNK to be convicted of driving under the influence.  In Florida, the State can prove you had a certain amount of alcohol in your system (through a breath test or blood test), or they can prove that your normal faculties were impaired. 

    Normal faculties are your ability to see, walk, talk, judge distances, make decisions, etc.  This is why the officers will have you do the field sobriety exercises (FSEs) where you follow a pen with your eyes, walk a line or stand on one leg.  Because of this standard it's not a question of you being drunk or not.

  • The last big myth is that if you don't do the FSEs or blow into the breath machine for you to be convicted of a DUI.  The State can convince a jury you are breaking the law based solely upon how you look to the cop, how you were driving the car, what you said to the officer, etc.  However, if you do not provide the breath sample then your license will be suspended and if it's not your first refusal you can be charged with a misdemeanor. Explore our DUI table for more information.

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To determine if you qualify for diversion, what motions can be filed and what arguments or defense is best for your case, call us now at (407) 906- JLAW (5529).  Let our experience handling these cases from both the state and defense side show you how the best defense is a good offense!

The following DUI table charts the minimum & maximum sentences, fees & costs for DUI cases (for Orlando FL & beyond).

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Minimum Penalties:

This means, you HAVE to be adjudicated as a criminal if you plea to a DUI, and just the criminal penalties for Driving Under the Influence can run you upwards of $10,000.  There are also additional insurance issues that arise in the form of an SR22 that can cost you THOUSANDS of dollars more.  

Ways to Prevent Having a DUI on your Record:

Diversion program.  If that is an option you would go through most of the same penalties as a DUI (fine, community service, DUI school, etc), but at the end of it the state would drop the case or give you a reckless driving instead of having a DUI on your record.

Reckless driving charge.  Often times the penalties for this will be higher than the DUI minimums, but a reckless driving allows for a withhold of adjudication (which means you aren't a convicted criminal), and that can let you seal the case from your record. Also a reckless driving will not have the same impact on your insurance and other non-court related consequences of having a DUI conviction.

Pre-trial Motions.  Depending on the facts of your case, there might be a valid motion to suppress.  This would force the State to prove that the Officer could stop you, request FSEs, and arrest you.  If we win this motion the Judge can limit the evidence the state has to present against you.  There can also be other specific motions we file that seek to throw out the breath test, the blood test, anything you told the officer while he was investigating an accident, etc.

Trial.  At trial the state has to provide a witness who saw you driving (or in actual physical control), they have to prove your normal faculties were impaired, they cannot have their case based solely upon your statements.  Whether there are breath tests or blood or not, whether there is video or not, whether the officer is a rookie on his first DUI stop or a seasoned DUI cop, it can be tough for the state to prove the case against you. 

Also, there are defenses to a DUI that we can raise like the car being un-operable or that someone spiked your drink and you didn't intend to be drunk.  If a jury finds you not guilty because the state did not prove their case or there is a specific defense that applies to you, then you will not have a DUI conviction and will not have to do any of the sanctions mentioned above.

DUI Penalties & Chart Orlando FL


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