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Orlando, FL 32801
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Criminal Defense Blog

The Law Office of Jerry Jenkins

Orlando FL DUI Lawyer

Drinking and driving is something that can lead to serious consequences and should be avoided at all costs. However, it is a fairly common occurrence. Being pulled over for a DUI offense can be a frightening, harrowing experience.

A DUI traffic stop involves several different things. First, the officer will speak with you and observe your behavior to help him/her determine if you have been drinking. The officer may ask you for a field sobriety test, involving a series of physical tasks designed to challenge your motor skills. An additional blood, breath or urine test may also be asked.

The legal blood alcohol limit for driving in Florida is .08. Many people involved in a DUI traffic stop wonder if they can refuse the breathalyzer test (or blood or urine test).

Can I refuse a DUI breathalyzer test in Florida?

Florida has a law known as “implied consent” that basically states that if you have been stopped by an officer, you implicitly agree to take part in a breathalyzer test to determine your blood alcohol level. You are able to refuse a breath, blood or urine test. However, because of the “implied consent” law, refusing to take the test means you will incur other penalties.

What happens when I refuse the test?

If you choose not to submit to a breath, blood or urine test, there are a number of different possible outcomes.

First, just because you have refused a test does not mean you won’t be arrested for a DUI. The blood alcohol levels of a test are used in court proceedings to prove you were driving over the legal limit. If you refuse to take the test the officer or prosecution may not have a definite alcohol level on record for you, but they will likely use your refusal as a way to try and convince the judge or jury that the reason for your refusal was that you knew you were intoxicated past the legal limit.

If it is your first DUI offense and you refuse the test, you may avoid criminal charges but your license is likely to be suspended for a year. Refusing a test for a second offense, and any after, will incur a license suspension for over a year, and you will be charged with a misdemeanor.

What to do if you’ve been arrested for a DUI

If you have been arrested for a DUI, whether or not you have refused a test, it is in your best interest to contact a Florida DUI Lawyer. Jerry Jenkins is an experienced Orlando DUI Lawyer and will help you with your DUI case.

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Benefits of hiring an Orlando DUI Lawyer – Jerry Jenkins

You hear it all the time: “Don’t drink and drive.”

Drinking and driving is something that should never be done, but unfortunately happens quite often. Maybe you lost track of time. Maybe you honestly thought you could drive. Whatever the reason, it can happen and you’re only human. People tend to overestimate their abilities and because of this they end up putting themselves and others at risk.

In legal terms, drinking and driving is also known as DUI or driving under the influence. In Orlando, DUI is a serious crime and is defined as physically controlling your vehicle while under the influence of drugs or alcohol. You can also be charged with a DUI if the officer pulling you over checks your blood alcohol content level and it is above the legal limit of .08. If you’ve been charged with a DUI in Orlando, you don’t have time to waste. Contact an Orlando DUI Lawyer for help with your case.

If you’ve been charged with a DUI, you face a number of different possible penalties including but not limited to the following:
  • Minimum $250-500 fine depending on the case circumstances with a maximum fine of $2000.
  • Maximum 6-month prison sentence
  • Community Service
  • Vehicle Impoundment
  • One year Driver’s license revocation
The possible penalties listed above are for first time DUI offenders. If you are a repeat DUI offender, the penalties are much more severe and the prison sentences served will be much longer. DUI cases in Orlando are time sensitive. If you’d like to keep your license, you need to act fast and immediately contact an Orlando DUI Attorney for help on your case.

By seeking professional help from an Orlando DUI Attorney, they can help evaluate your case for any weaknesses. There are certain defenses taken within DUI investigations and your attorney can help you by looking into issues like the following:
  • Field Sobriety Tests
  • Breath Tests
  • Blood Tests
  • Human Error
Field Sobriety tests are difficult for anyone sober or drunk. There are plenty of factors that may deter your success when an officer orders you to prove your coordination. For example, your physical condition or clothing can make the test significantly harder. With an Orlando DUI attorney at your side, they’ll be able to look into the test and take your condition into account in order to determine whether or not you were treated fairly.

Human error can be found in breath and blood tests. Officers or medics administering the test could have been wrongly trained or made a mistake. There’s also the fact that breathalyzer machines must be maintained and calibrated on a regular basis and failure to do so can result in mistakes being made. By seeking the help of an Orlando DUI Attorney, you’ll have access to their knowledge and they’ll be able to look into issues that may affect your innocence.

If you’ve been charged with a DUI, contact Orlando DUI attorney Jerry Jenkins for help on your case. As an experienced DUI Trial Lawyer, Jerry can evaluate your case and prepare defenses. He will fight for your rights.

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