DUI

Connect with a Lake Mary DUI Lawyer

There are several different criminal charges that fall under the DUI/DWI heading, and all of them could have serious and potentially long-term, if not life-long, consequences. DUI and DWI are both terms used to describe the criminal offense of driving a motor vehicle (car, truck, boat, quad, motorcycle, bike, etc.), or otherwise being in control of—including being behind the wheel of an unmoving vehicle—a vehicle while under the influence of drugs or alcohol. Driving under the influence of anything that could alter your state of mind—drugs, alcohol, prescription medications—can negatively affect your ability to drive safely, and if you are caught, the penalties for even a first-time offense can be drastic.

At the Law Office of Ryan N. Yadav, LLC, we want to help you provide a full defense if you are charged with driving under the influence. Because the legal process involved in a DUI charge can be difficult and lengthy, often beginning from the moment you are pulled over, you need a strong Lake Mary DUI lawyer on your side. Our firm is ready to defend your side of the story and get your charges reduced or even dismissed entirely.

DUI/DWI Laws 

In Florida, a driver can be prosecuted under the country’s “per se” law, even if the person is not actually impaired at the time he or she was driving. Many states across the country have existing laws that enforce strict guidelines on DUI/DWI sentencing, especially in scenarios where a person has been harmed or killed as a result of drunk driving.

When choosing a Lake Mary DUI attorney to represent you, it is best to select one who is familiar with the many different kinds of DUI and drunk-driving related charges, and who has experience defending these cases in and out of court. Ryan Yadav has a vast knowledge of the state’s DUI laws and can examine the charges you are facing against the police officer’s report from the traffic stop, and any physical evidence that was collected.

Often, once you have been stopped for suspicion of drunk driving, and placed under arrest, you automatically face license suspension while your case is being decided. Losing your license, even for a short period of time, is a serious inconvenience, and can negatively impact your career as well as your personal life. It is crucial to retain the services of an attorney as soon as you have been charged, to prevent you from accidentally implicating yourself of criminal activity in the ensuing interviews or police interrogations. Ryan Yadav can help you analyze your options and will work to reduce your immediate penalties.

Being charged with driving under the influence of alcohol or drugs in Florida is a serious matter that comes with high stakes. It can not only cost you your driver’s license but also land you behind bars and leave you with a permanent criminal record.

Do not go it alone. Ryan Yadav is an experienced Lake Mary DUI lawyer who has helped people across Seminole County fight these charges head-on. Ryan understands how police officers and prosecutors often approach these cases, and he has a strong track record of successfully resolving them on optimal terms.

Florida DUI Laws and Penalties

State law bans people from operating cars, trucks, motorcycles, and other motor vehicles while impaired by alcohol or drugs.

When it comes to drinking and driving, Florida law considers a person impaired if he or she has a blood alcohol content of 0.08% or higher. BAC can be measured by blood, breath, or urine tests. Police officers can also charge a person with DUI if they believe there is enough other evidence to prove that the person was drunk behind the wheel.

The penalties for DUI vary based on several factors, including the number of prior offenses. Jail time and other punishments also may be more severe depending on the driver’s impairment level, whether minors were present in the vehicle, and whether the DUI resulted in injury or death.

First DUI Offense

A first DUI conviction in Florida is a misdemeanor and carries the following penalties:

• Fines: $500 to $1,000 ($1,000 to $2,000 if BAC is 0.15% or higher or if minor in vehicle)
• Jail Time: Up to six months (nine months if BAC is 0.15% or higher or if minor in vehicle)
• License Suspension: 180 days to one year
• Probation: Up to one year
• Community Service: At least 50 hours
• Vehicle Impoundment: At least 10 days

Second DUI Offense

Penalties become more severe for a second conviction, especially if it occurs within 5 years of the first.

• Fines: $1,000 to $2,000 ($2,000 to $4,000 if BAC is 0.15% or higher or if minor in vehicle)
• Jail Time: Up to nine months (12 months if BAC is 0.15% or higher or if minor in vehicle); Mandatory 10 days in jail if second offense is within five years.
• License Suspension: Minimum five-year suspension if second offense is within five years.
• Vehicle Impoundment: 30 days

Third DUI Offense

If a third DUI occurs within 10 years, it becomes a third-degree felony.

• Fines: At least $2,000 (At least $4,000 if BAC is 0.15% or higher of if minor in vehicle)
• Jail Time: Up to five years in prison
• License Suspension: At least 10 years
• Vehicle Impoundment: 90 days

Fourth or Subsequent DUI

Any fourth DUI conviction is a third-degree felony, regardless of how long ago previous convictions occurred.

• Fines: At least $2,000
• Prison Time: Up to five years
• Permanent license revocation

Breathalyzer Tests and ‘Implied Consent’

Police officers commonly use breathalyzers to test DUI suspects’ blood alcohol content, even though these devices have been proven to be far from reliable. A breathalyzer indirectly measures a person’s BAC by taking a breath sample.

Blood tests are considered more reliable because alcohol is absorbed quickly into the bloodstream. But these tests also require the actual drawing of a blood sample from a suspect.

Police officers cannot force a person to take a breath or blood test without their consent.
That said, Florida’s “implied consent” law means that declining a breathalyzer test comes with consequences: You will automatically have your license suspended for at least one year. You also have the right to challenge the suspension in court.

We advise drivers not to submit to a breath or blood test. Politely decline and ask to speak with a lawyer. If the cops did not have an appropriate legal basis for pulling you over and asking you to take the test in the first place, they cannot suspend your license for not taking a breath test. Because you will likely lose your license if you’re convicted of DUI anyway, there’s little risk in declining the test.

Schedule a Free Consultation Today to Get Started on Your DUI/DWI Defense

If you have been charged with a DUI or DWI, contact Ryan N Yadav, a Lake Mary DUI lawyer with years of experience, to consult about your case. He will hear your side of the story, examine the evidence, and work hard to get your charges dismissed or reduced. DUI charges can follow you around for the rest of your life, so be sure to have the best attorney possible on your team, to reduce the risk to your reputation, record, and professional life.

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Frequently Asked Questions

What is considered a DUI in Florida?

A person can be charged with DUI if they are driving or in actual physical control of a vehicle while:

• Having a blood alcohol content (BAC) of 0.08% or higher, or
• Under the influence of alcohol, drugs, or a combination that impairs normal faculties

You can be arrested for DUI even if your BAC is below 0.08% if a police officer believes your ability to drive is impaired.

What is DUI School?

Courts typically require people convicted of DUI in Florida to complete DUI school.

The program is designed to educate offenders about the dangers of impaired driving, assess their risk of substance abuse, and reduce the likelihood of repeat offenses. The number of hours you may be required to complete in DUI school ranges, based on the nature of the offense.

What is an Ignition Interlock Device?

Judges, in some cases, will require that a person convicted of DUI, usually those with a history of convictions, have an ignition interlock device installed in their cars.

An IID prevents a vehicle from starting if alcohol is detected on the driver’s breath. These devices often also require a driver to submit to breath tests at various points during the car’s operation.

Can I get a hardship license after a DUI arrest?

You can seek a hardship driver’s license allowing you to drive in limited situations, such as commuting to work or school. You must complete DUI school in order to be granted a hardship license. The window for applying for the license is small, as little as 10 days. That means it is crucial to seek the help of a criminal defense lawyer immediately.