Florida DUI & DWI Criminal Charges · Traffic Charges

The majority individuals charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in Florida have a particularly difficult time dealing with their criminal charge, often because it is the first crime with which they have ever been charged. DUI or DWI charges are made against approximately 1.5 million drivers every year. These arrests can result in severe aftermath. A person who is arrested or convicted of a DUI or DWI can face heavy fees and penalties, a loss of driving privileges, and may be sentenced to serve prison time.

Given that everything is at jeapordy in a DUI or DWI case, it is significant to hire an experienced criminal defense attorney who has defendd the majority DUI and DWI cases in Florida, and who will guide you through the legal matrix of the Florida criminal justice system and Department of Motor Vehicles (DMV). Here are some of the types of DUI cases we defend:

Criminal Defense & DUI attorney William H. Bryan III, P.A. has defended 100's of individuals in Orlando, Orange County, Kissimmee, Tampa, St. Cloud, and throughout the state of Florida who have been charged with driving under the influence or driving while intoxicated. He will work aggressively to protect and defend your rights before the municipal or criminal courts. In addition, he provides representation before the Florida DMV to assist you receive a provisional driver's license while you await trial. Sometimes it is possible to lower your DUI or DWI charge to a lesser offense that will allow you to preserve your Florida driving privileges as well. The Law Offices of William H. Bryan III, P.A. can clarify all of the options to you.

There exists TWO CASES for every DUI Arrest in Florida

There exists essentially two different cases that are filed against you when you are arrested for a DUI. First, there is the DMV case (Department of Motor Vehicles case) - this is where your driver's license may be revoked from you. Second, there is the criminal case - this can result in prison time, fines, courses for alcohol education, community service, impounding your vehicle, successfully getting an ignition interlock device installed in your vehicle, or a combination of these things. It all is based upon on the evidence and proven facts of your person case.

Florida DMV Hearing

If in fact you have been arrested for a DUI in Orlando or Central Florida, you must request a DMV hearing within 10 days of the arrest. If in fact you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest.

The DMV judicial process is very different from the criminal courtroom judicial process. These hearings are much additional informal, and they are run by a Driver Safety Office (DSO) Hearing Officer, who is an employee of the Department of Motor Vehicles (this hearing is not run by a lawyer or a judge). The standard of proof in DMV hearings is a "preponderance" of the evidence, which is a much benchmark than what is used in criminal court. DMV hearings can be very technical, and the chances of a person winning without legal assist are little to none. Unfortunately, the DMV has no concern about your personal life, and it makes no differential factor to them if you need to drive to work or school.

Additionally, the DMV will sometimes discourage individuals from pursuing a hearing, telling them that they "can't win". The documentation that is given to a person who is arrested for DUI can be confusing, and it does not clearly clarify that a hearing must be requested in a very short period of time. Contrary to what it says on the form, you do not have to display that the suspension is not justified - rather, the DMV must display that the suspension is justified. Based upon to the DMV's statistics for a recent year, 34% of all individuals who were suspended for DUI at the moment of their arrest maintain their driver's license by simply requesting a hearing to defend the suspension.

Important Factors for the
Florida DUI Criminal case

After the DMV hearing, the accused person must face the criminal judicial process. The Drunk Driving penalties in the state of Florida are determined by statute and can be very complicated. The basic statute allows for a variety of possible DUI sentences, but there may be changes to the sentence based on the following factors:

• Having a past conviction within the last seven (7) years
• Speeding 20 mph (or additional) over the speed limit at the moment of the DUI
• Having a child under the age of 14 in the car at the moment of the DUI
• Having a blood-alcohol reading of over .20%
• Refusing to submit yourself to chemical testing

Within the variety that is determined by statute, the sentence in a DUI case will be affected by such factors as:

• The various evidence and proven facts of the case
• The policies of the prosecutors and local courthouse
• The weaknesses or "holes" in the case, as uncovered by the defense attorney
• The reputation of the defense attorney

It is significant to make a mental note that the results of the breath, blood or urine test will be a factor in determining the charges that will be brought against you and the possible sentences. If in fact you were driving with a blood-alcohol level of over .08%, then there has been a DUI offense. Please remember, however, that the DUI laws relate to the blood-alcohol level at the time of the driving, and not at the moment of the test. This is a very significant differential factor that may be used in your favor. It is also significant to comprehend that the tests - particularly the breath tests -- are undependable and consequently susceptible to attack by an experienced DUI / DWI attorney.

Contact an Experienced Orlando DUI / DWI Attorney

Experienced DUI lawyers know which arguments work and which ones don't. If in fact your DUI attorney can successfully get your charge reduced from a felony to a misdemeanor, it is deemed a paramount win. In fact, he may be able to successfully get your case thrown out of court (dismissed), which is the main objective.

If in fact you have any questions or would like to talk directly with an experienced DUI attorney regarding your charge of driving under the influence, please do not wait to call the firm's Orlando, Florida office toll-free at 800-693-9886 for a FREE CONSULTATION. Mr. Bryan can be reached 24 hours a day, seven days a week. If in fact you prefer, you may e-mail the firm, or fill out the form on the Contact Us page of this website, and a knowledgeable criminal lawyer will be in touch with you as soon as possible.

If in fact you have been arrested or under investigation for DUI or DWI in Florida, it is significant that you hire an experienced Orlando DUI - DWI criminal defense attorney to represent you. The Law Offices of William H. Bryan III, P.A. will work relentlessly to mount a successful defense to the charges with which you have been charged. As a former Assistant United States Attorney for nearly 10 years, William H. Bryan III is well versed in the strategies and tactics of the prosecution and can predict and anticipate the next move and how to aggressively defend DUI - DWI in the state of Florida. We are a strong defender of our clients' consitutional rights and will do everything in our power to protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando DUI - DWI criminal defense lawyer who will organize and prepare every aspect of your DUI - DWI case up to and including trial.