DUI Defense

Titusville DUI Defense Lawyers

Put Former Prosecutors on Your Side with a DUI Lawyer

When it comes to your freedom, you can't afford to trust your case to an inexperienced DUI lawyer. At Ali & Blankner, our Titusville DUI defense attorneys are backed by decades of experience, and we have the track record to prove it. We are former prosecutors who know how the state will try to build their case against you, and we know how to challenge their evidence and turn it against them.

If you've been arrested for drunk driving, you need to retain a Titusville DUI attorney immediately. The state will likely try to get your bail set at an exorbitant amount so that you cannot afford to retain legal counsel. You also need to be aware that the police will try to get you to incriminate yourself during questioning. When you are facing DUI charges, you need to have a professional on your side who has the knowledge and experience to help you.

Our team is dedicated to providing a strategic defense tailored to the specifics of your case. By analyzing the circumstances surrounding your arrest and any evidence the prosecution may have, we can identify flaws or errors that could work in your favor. For instance, procedural mistakes during your arrest or mishandling of evidence can be points of contention in court, making it crucial to have legal representation that understands these nuances and can effectively challenge them.

Call (407) 753-1312 or contact us online today to schedule a free initial consultation with our Titusville DUI defense attorneys.

How to Challenge a DUI in Florida with a DUI Attorney Near You

In Florida, the state must prove that the accused was operating a vehicle in an "unsafe manner" while under the influence of alcohol or drugs. This means the police must have probable cause to pull you over and administer a field sobriety test or a chemical test. It also means the police must have probable cause to arrest you. If the police fail to follow proper procedures, your DUI defense attorney can use this to get your charges dropped or reduced.

Understanding the nuances of probable cause is essential in DUI cases. The police must provide a valid and specific reason for stopping your vehicle, which cannot be based purely on a hunch. Moreover, any discrepancies in the administration of sobriety tests, such as improper instructions or environmental factors affecting the test results, can be fertile ground for challenging the validity of the charges. An experienced attorney will examine all facets, including the technical accuracy of breathalyzer equipment and the officer's conduct during the arrest.

The state must also prove that the accused was under the influence of alcohol or drugs while operating a vehicle. The accused may argue that the state cannot prove that he or she was operating the vehicle. For example, if the accused was sleeping in the backseat, the accused may be able to argue that he or she was not operating the vehicle.

Local Challenges in Titusville DUI Cases

Titusville, being part of Brevard County, faces unique challenges in DUI enforcements, especially with the proximity to major thoroughfares like Interstate 95. Law enforcement officers in the area are vigilant, with frequent checkpoints to monitor for impaired driving. This heightens the possibility of being stopped and tested, making it imperative for residents and visitors to understand local DUI laws thoroughly.

The local legal landscape also offers opportunities for defenses specific to the region. Issues such as the calibration of testing equipment at local precincts or adherence to regional arrest protocols can present potential defenses. Our familiarity with these localized aspects enables us to manage each case with precise strategies tailored to the Titusville context, ensuring a comprehensive defense against DUI allegations.

Penalties for DUI Conviction in Florida

In Florida, the penalties for a DUI (Driving Under the Influence) conviction can vary depending on several factors, including the number of prior offenses and the specific circumstances of the case. Here are the general penalties for a DUI conviction in Florida:

First DUI Conviction

Fine: The fine can range from $500 to $1,000.
License Suspension: The driver's license will be suspended for a minimum of 180 days up to one year.
Probation: A period of probation may be imposed, typically for up to one year.
Ignition Interlock Device (IID): The court may require the installation of an IID for a minimum of six months if the blood alcohol concentration (BAC) was 0.15% or higher or if there was a minor in the vehicle.
Community Service: The court may order a mandatory 50 hours of community service.
DUI School: Completion of a DUI school, which is a substance abuse education and treatment program, is mandatory.

Second DUI Conviction

Fine: The fine can range from $1,000 to $2,000.
License Suspension: The driver's license will be suspended for a minimum of five years if the second offense occurs within five years of the prior conviction.
Ignition Interlock Device (IID): The court may require the installation of an IID for a minimum of one year.
Probation: A period of probation may be imposed, typically for up to one year.
Mandatory Imprisonment: There is a mandatory minimum sentence of 10 days, which can be increased to nine months if the second offense occurs within five years of the prior conviction.
DUI School: Completion of a DUI school is mandatory.

Third DUI Conviction

Fine: The fine can range from $2,000 to $5,000.
License Suspension: The driver's license will be suspended for a minimum of ten years if the third offense occurs within ten years of the prior conviction.
Ignition Interlock Device (IID): The court may require the installation of an IID for a minimum of two years.
Mandatory Imprisonment: There is a mandatory minimum sentence of 30 days, which can be increased to five years if the third offense occurs within ten years of the prior conviction.
DUI School: Completion of a DUI school is mandatory.

Our Titusville DUI defense attorneys can help you fight your charges and try to get your penalties reduced. We know how to challenge the state's evidence, and we know how to negotiate with the prosecutor to try to get your penalties reduced.

In addition to the standard penalties, a DUI conviction can have long-term consequences, including increased insurance premiums, a permanent criminal record, and potential loss of employment, especially in positions that require driving. Understanding the full implications of a DUI conviction in Florida is crucial to making informed legal decisions. It's important to consult with legal professionals who can provide clarity on the process and potential defenses that may apply based on your unique circumstances.

Challenging Field Sobriety Tests in FL

There are three types of field sobriety tests that the police may use to try to prove that you are driving under the influence of alcohol:

Horizontal Gaze Nystagmus (HGN) Test
Walk and Turn Test
One-Leg Stand Test

These tests, though widely used, are not infallible and can be influenced by factors unrelated to alcohol consumption, such as fatigue, medical conditions, or even nerves. It's critical for any individual subjected to these tests to understand that their performance may not accurately reflect their sobriety. Often, challenging the administration and interpretation of these tests can form the basis of a robust defense strategy, helping to raise doubts about the sufficiency of the evidence against you.

Challenging a Breath or Blood Test with a DUI Lawyer Near Me

If you have been pulled over and the police have probable cause to believe that you are driving under the influence of alcohol, they may try to administer a breath or blood test. If you refuse to take this test, the state may try to use your refusal against you in court. However, if you take the test and fail, you may be able to use the results against the state in court.

Both the field sobriety tests and breath and blood tests are not 100% accurate, and the police must follow specific procedures when administering them. If they fail to follow these procedures, our Titusville DUI attorneys may be able to get your charges dropped or reduced.

For example, the police must have the suspect stand in a straight line, and they must administer the tests in a controlled environment.
For example, the police must have the suspect stand in a straight line, and they must administer the test in a controlled environment.

Challenging the reliability of breathalyzer and blood tests is a common defense strategy due to the potential for technological errors, improper maintenance, and incorrect administration by law enforcement. Additionally, factors such as medical conditions, diet, and even the use of mouthwash can skew test results. An effective defense involves examining all evidence surrounding test administration to establish potential mistakes or misinterpretations that could affect the outcome of your case.

Understanding Your Rights After a DUI Arrest with a DUI Defense Lawyer Near Me

Being arrested for DUI can be a daunting experience, but it's important to remember that you have rights. At Ali & Blankner, we believe that knowledge is power, especially in tough situations. Understanding your rights can help you navigate the complexities of the legal system with confidence.

Here are some key rights you should be aware of following a DUI arrest:

Right to Remain Silent: You have the right to remain silent and not answer any questions that could incriminate you. It's often wise to consult with an attorney before speaking to law enforcement.
Right to an Attorney: You have the right to legal representation. If you cannot afford an attorney, you may be eligible for a public defender, though hiring a specialized DUI attorney can significantly impact your case.
Right to Challenge Evidence: You can challenge the evidence against you, including the validity of field sobriety tests and breathalyzer results. Our team is skilled at identifying weaknesses in the prosecution's case.
Right to a Fair Trial: You are entitled to a fair trial, which includes the right to present evidence and witnesses in your defense.
Right to Appeal: If convicted, you have the right to appeal the decision. Our experienced attorneys can guide you through this process and help you understand your options.

At Ali & Blankner, we are committed to protecting your rights and advocating for your best interests. If you've been arrested for DUI, don't hesitate to reach out to us for a free consultation.

Beyond these essential rights, understanding the specifics of Florida's DUI laws can aid in building a strong defense. Our attorneys will ensure you fully comprehend each step of your legal journey, from pre-trial motions to potential plea negotiations. Our focus is not just on representation but on empowering you with the knowledge to make informed decisions throughout the legal process.

Commonly Asked Questions

What should I do if I am pulled over for suspected DUI?

Remain calm and polite. Follow the officer's instructions and avoid arguing. You have the right to remain silent, so you can choose not to answer questions about your alcohol consumption.

How long does a DUI conviction stay on my record in Florida?

A DUI conviction remains on your driving record for 75 years in Florida. This can affect insurance rates and employment opportunities.

Can I refuse to take a breath test in Florida?

Yes, you can refuse a breath test, but be aware that the state has an implied consent law, which means there could be penalties, including license suspension, for refusing.

What are the consequences of a DUI arrest before a conviction?

You may face immediate consequences such as license suspension, vehicle impoundment, and arrest. It's essential to understand your rights and options during this process.

Is it possible to get a DUI charge reduced or dismissed?

Yes, there may be opportunities to challenge the evidence against you, negotiate plea deals, or prove that the arrest was not justified, potentially leading to a reduction or dismissal of charges.

How does Florida's ignition interlock device program work?

Florida mandates the installation of an ignition interlock device (IID) for certain DUI convictions. This device is installed in your vehicle's ignition system and requires you to provide a breath sample before starting your car. If your breath sample shows a BAC above a pre-set limit, the vehicle will not start. Typically, the device is required for repeat offenders or those with high BAC levels at the time of arrest. It's crucial to comply with the IID requirements to avoid further penalties.

What is the role of field sobriety tests in a DUI charge?

Field sobriety tests are used by law enforcement to assess a person's physical and cognitive abilities at the roadside. These tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. However, these tests are subjective and can be influenced by various factors, such as anxiety, fatigue, or medical conditions. While they are a tool officers use to establish probable cause, their results can often be contested in court as part of a defense strategy.

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OUR WINNING STRATEGY

Why You Want Ali & Blankner In Your Corner

Fighters & Advocates in the Courtroom

The criminal lawyers in Orlando at Ali & Blankner are aggressive advocates who are willing to do whatever it takes to obtain a favorable resolution. We are committed to defending your rights and protecting your future.
Prosecutor Insight & Knowledge

All of our Orlando criminal attorneys are former prosecutors and understand how the other side thinks. When you work with our team, you get a group of individuals who knows how to prepare and fight a winning case.

Large Firm Results, Small Firm Attention

Our criminal defense team in Orlando understands the ins and out of the legal industry, and we have the infrastructure and resources to handle any case that comes our way. We focus on your case specifically to ensure we get the best result for you.
Dedicated & Experienced Counsel
With over 35 years of experience and thousands of clients helped, Ali & Blankner has the skills, resources, and determination to get you the best possible result.

Contact Ali & Blankner Today for a DUI Lawyer Near Me

If you have been arrested for DUI, you need to retain a DUI defense attorney in Titusville, FL immediately. The state will likely try to get your bail set at an exorbitant amount so that you cannot afford to retain legal counsel. You also need to be aware that the police will try to get you to incriminate yourself during questioning. If you are facing DUI charges, you need to have a professional on your side who has the knowledge and experience to help you.

By choosing Ali & Blankner, you align yourself with a legal team that values transparency and dedicated communications with clients. From the initial consultation, where we provide a thorough review of your case details, to our strategic guidance throughout your legal journey, we ensure you are informed and confident in every decision. Our free initial consultation is designed to help you understand the charges, evaluate your legal options, and develop a personalized defense plan aimed at protecting your rights and pursuing the best possible outcome.

Call (407) 753-1312 or contact us online today to schedule a free initial consultation with our Titusville DUI defense attorneys.

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KNOCKOUT RESULTS

Case Dismissal Drug Possession
Ali & Blankner obtained a case dismissal on behalf of a client charged with Drug Possession.
Case Dismissal Trespassing
Ali & Blankner obtained a case dismissal on behalf of a client charged with Trespassing.
Case Dismissed Battery & Resisting Arrest
We represented an individual charged with battery on an officer and resisting arrest, successfully getting the case dismissed.
Case Dismissed DUI & Citations
Ali & Blankner worked to get a case dismissed involving a client with both a DUI and citations.
Case Dismissed Battery & Assault
Ali & Blankner secure a case dismissal on behalf of a client charged with battery.

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