What is the best defense for a DUI?
The top 10 legal defenses to driving while intoxicated (“DUI”) charges fall into three categories. These are that:
- You can fight DUI charges by arguing that you were merely driving erratically or poorly–but NOT driving under the influence. This defense is especially helpful with charges that you were “driving under the influence” under Vehicle Code 23152(a) VC.
- Your physical appearance plays a big role in your DUI investigation. The officer who arrested you will testify that you were “under the influence” because you had.
As any experienced DUI attorney can tell you, an arrest does not have to mean a conviction. You can avoid life-changing drunk driving penalties–including hefty fines and a driver’s license suspension–by fighting charges with a strong defense strategy.
One of the first things prosecutors focus on is your driving pattern. They routinely have the arresting officer testify that you were driving in a manner “consistent with” someone who was under the influence of alcohol or drugs. Often, this so-called “pattern” includes allegations that you were speeding or weaving within your lane.
We rebut this evidence by having the officer testify about all of the ways that you drove properly and safely. We elicit testimony from the arresting officer that:
- The National Highway Traffic Safety Administration (NHTSA) — the nation’s leading authority on DUI — says that cues based on driving patterns are predictive of drunk/drugged driving only 35% of the time.
- Even the National District Attorneys Association admits that driving behaviors are sometimes “quite nuanced.”
Example: Tony accidentally serves between lanes while scratching his ankle. Police pull him over and arrest him for DUI even though he had only one drink that night.
Tony’s attorney gets the officer to admit that he was driving within the speed limit, pulled over as directed, parked without difficulty, and otherwise was driving with “the caution characteristic of a sober person.”
The attorney also gets the officer to admit that sober people often drift into other lanes for reasons having nothing to do with drug or alcohol consumption. This defense to Tony’s charges leads to a “not guilty” verdict.
How much does a DUI lawyer cost in Florida?
Lots of people ask us what the true cost or average cost of a DUI in Orlando, Florida. Knowing these costs isn’t just essential for those who have found themselves on the wrong side of the law—it’s crucial for all of us. In the following article, we’ll dissect every potential DUI Costs in Central Florida. This isn’t a light topic, but it’s one we should all be informed about.
The State of Florida punishes DUI harshly; as such, there are a number of penalties a court will enforce if you are convicted of DUI. In addition, repeat DUI offenses and aggravating factors (such as the presence of minors, or damage to property) may lead to a more severe sentence.
Contact our Orlando criminal defense attorney near you to help get your life back on track.
In addition to the criminal penalties for DUI, you may be subject to administrative driver license penalties by DMV as well as financial and personal collateral consequences, including loss of a job, immigration issues or professional licensure discipline. Here are some ranges of costs that you might expect to pay after being arrested for a DUI in Central Florida.
Click here to see the Florida DUI criminal penalties.
1st Time Offender | 2nd Time Offender |
---|---|
$264 | $395 |
1st Suspension- by DHSMV
2nd Suspension- by judge, if Convicted
$223
$223
DMV hardship license
Co-owned by the defendant
+ $67.50 (monthly)
1st Time Offender- 6 months = $575
2nd Time Offender- 2 years = $1,790
10 days for each vehicle
Insurance Hikes
FR-44 Form required for 3 years
Expect premiums to increase by 200-400%
$300,000 total per accident, and $50,000 property damage
The first financial hit you’ll take is likely the towing of your vehicle. And let’s be clear: this is no small expense. You’re looking at anywhere from $100 to $300 just to get your car off the road. And don’t forget, that’s just the initial fee—every extra day your car sits in the lot will cost you more. This is just the beginning of a long and costly journey that goes far beyond a simple fine.
After the initial shock of being arrested, you’ll soon face the practical matter of securing your release. That’s where bail bonds come into play. A bail bond is essentially a guarantee to the court that you’ll show up for your future hearings. It’s a financial arrangement that temporarily gets you out of jail—but it comes with a price tag.
For a first-time DUI offense, you’re generally looking at bail amounts ranging from $100 to $3,000. It’s a wide range, largely influenced by your criminal history and the circumstances of your arrest and whether you pay your bail in full (which will be refunded to you later) Or if you just pay 10% to the bondsman (which is not refunded, that is just their bail bond fees.) Thus for a first time DUI, the average bail is $100-$200 if they pay the bondsman or $500-$1,000 bond for a first DUI offense if they pay the bond directly to the court. Although this is a one-time payment, it’s a significant one, and it’s essential to account for it in your overall DUI budget.