Orlando DUI Lawyers
The Smith & Eulo Law Firm has a team of DUI defense lawyers ready to fight for you if you have been arrested for a DUI anywhere in Central Florida. Our DUI Defense Attorneys have years of experience handling DUI offenses, and will give you the aggressive and personalized representation you need to properly fight your DUI charge. If you have been charged with a DUI in the Orlando area, you should call the experienced Orlando DUI Lawyers at Smith & Eulo Law Firm immediately to protect your rights. Call Smith & Eulo Law Firm today at (407) 930-8912 for a free consultation with our team of experienced Orlando DUI (DWI) Lawyers.
Your DUI Rights:
- The very first time you refuse to take the breath test it is not a crime by law. By Law, the crime of refusal requires that you have once before refused to blow. In other words, if you are arrested for a DUI and you refuse to take the breath test for your first time, the only thing the police can arrest you for is the original DUI that you were already arrested for. They cannot tack on an additional charge for refusal or resisting.
- If you refuse to take a breath test, you will not automatically lose your license. This is a common misstatement of the law and a faulty premise. The reality is that you WILL LOSE your license if you do not challenge it within 10 days. In other words you have a right to contest the loss of your license. That contest looks like a mini trial, your lawyer can be present and you can present evidence. This hearing looks like a mini trial. If you win, you KEEP your license.
- If you refuse to take a breath test, the Officer himself does not revoke your license, it’s the DMV.
- If you ACTUALLY take the breath test and YOU PASS, guess what, you are STILL UNDER ARREST. What? Yes, believe it or not you will still remain incarcerated for the night. In essence the officer is asking you to take an impossible test to win on. If you take it and pass you are still under arrest for DUI ad if you refuse to take it you are still under arrest for the DUI. However, if you refuse to take the test, the State bears the burden of proving that you were actually intoxicated despite having no breath test to support that. They are left with NHTSA indicators that officers are taught at the police academy.
- Read the DUI Refusal Statute for yourself and keep yourself informed. Click here.
If you have been involved in a car accident due to drunk driving, please read our car accident page.
In Sum, it’s important to know your DUI rights before you are ever arrested. But, if you are arrested it’s important to actually talk to experienced Orlando DUI lawyers so that your rights can be preserved.