407.865.8888
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Orlando DUI Lawyer

You Have 10 Days to Get Your Confiscated Driver's License Back

Once you have been arrested for a DUI, your citation acts as your temporary driver license for the next 10 days. YOU MUST APPLY for a Formal Review Hearing before the Department of Highway and Safety Motor Vehicles WITHIN TEN DAYS. My office will do this for you. Contact us immediately. Learn more about what to do if you've been arrested for a DUI.

You Can Beat a DUI Charge

Don't settle for what the prosecution offers; we have the insight and experience to help reduce and get charges dropped. Call now to discuss the optimal solution for you.

Complimentary Consultation

Our expert DUI attorney is available 24/7 to discuss your case. Every client is our most important client.

If this is your first DUI you may be eligible for hardship license

Please call our office immediately for further information.

Achieve the Best Case Result

When your future is on the line, you deserve the best possible defense. Former prosecutor Matthews R. Bark knows what it takes to conquer the system.

Top-Rated DUI Defense

As a former award-winning prosecutor with profound experience in all three branches of the government, DUI lawyer Matthews R. Bark has witnessed firsthand the exploitation of the system by those with ulterior motives. When he started his private practice, he made it his mission to utilize his intimate, yet exhaustive understanding of the system to defend those who may otherwise suffer from the consequences of manipulated “facts." To err is human; to be unlawfully punished for an innocent mistake or false accusation, however, is unacceptable.

 

For nearly a decade, Matthews R. Bark has helped reduce or drop DUI charges for hundreds of clients across central Florida. His impressive track record is one of the reasons why he has been named as a Top DUI Attorney by Avvo and has earned over 100 five-star verified Google reviews from his clients. Having mastered the system, Matthews R. Bark will navigate and conquer it for you.

Schedule Your Free Consultation Today

A DUI is a significant criminal charge that can adversely affect your future in unforeseen ways. Don't endanger your job security or opt for a life of higher insurance premiums when there are solutions available. You have better, attainable options. Contact us now at the Law Offices of Matthews R. Bark, P.A. to discuss your case. Let us show you how we've established an impressive track record of success in court and earned outstanding client satisfaction. Call today at 407-865-8888.

Will I automatically get convicted of a felony?

In Florida, blood alcohol content (BAC) of .08% or more qualifies as driving under the influence for those over the age of 21. For those under the age of 21, Florida has a Zero Tolerance policy mandating a .02% BAC limit.

 

The short answer is no--you will not necessarily be convicted of a felony. The long answer is that your future rests on a number of factors, including your previous record and the consequences of your offense, such as any resulting injuries to others. Depending on your situation, then, the State may be able to convict you of a felony.

 

However, a veteran DUI attorney with substantial motion and trial experience such as Matthews R. Bark can identify any unlawful procedures taken by the prosecution and help get your charges reduced or dropped. A conviction for DUI results in a permanent criminal record. The only way to get that changed is if the charges are amended to another charge or dropped. To achieve such optimal results, it is imperative that you contact an attorney immediately.

What are the penalties for repeat DUI offenders?

If you are convicted of a first time DUI, the minimum penalties require that you be adjudicated guilty (i.e. that you have a permanent criminal record), that you serve 12 months of probation, that you pay a $500.00 fine, perform 50 hours of community service, complete the DUI school (for more information on the class), complete the victim awareness panel, that your vehicle be impounded for 10 days, and that your license be suspended for six months. These are the minimum penalties.

If it is reported that you blew above .15, then the minimum fine is $1000.00, and you must have an ignition interlock device placed on your vehicle for at least 6 months. This is also true if you are convicted of DUI while having a minor in the vehicle.

If you have previously been convicted of DUI the stakes increase. Ultimately, the minimum penalties for a second time DUI depend on when you were previously convicted of DUI.

If your prior conviction for DUI was within 5 years of this new arrest for DUI, the minimum penalties include 10 days in jail, that your license be suspended for 5 years, and the vehicle you were driving be impounded for thirty days. The minimum fine is also a $1000.00. The remainder of the minimum penalties are the same as for a first time DUI: That you be adjudicated guilty, serve 12 months of probation, 50 hours of community service, and take the appropriate DUI class (usually level II) (Click here to find information on this class floridasafety.org. You will also be required to have a device installed on your vehicle for a minimum of one year and up to two years known as an ignition interlock device. You must blow in this device to start your vehicle.

A third DUI arrest after having two previous convictions for DUI, one of which is ten years from this present arrest means you will now be charged with a felony. The minimum penalties are increased from the first time DUI minimum penalties (click this link to review these penalties) to include 30 days in jail, a 10 year revocation of your license, and minimum $2000.00 fine.

A fourth DUI at any point is a felony. Getting convicted for this offense will result in your driver’s license being suspended for life. Please call us to schedule a complimentary consultation. (407) 865-8888.

What happens if I refuse to take a breathalyzer test?

Refusal to take a breathalyzer test for your first DUI offense will result in a one-year suspension of your license; refusal for your second or any subsequent DUI offense is considered a misdemeanor and will result in an 18-month suspension as well as other penalties, such as potential jail time. At the time of your refusal, your arresting police officer is required to inform you of these consequences. Please note that the state does not need a breathalyzer test to demonstrate blood alcohol content above .o8%, the legal limit for those over the age of 21, and issue DUI charges. The prosecutor can utilize evidence such as driving erratically as proof of intoxication and may even argue that refusal to take the test is an acknowledgment of guilt.

 

However, any penalties resulting from refusal to take a breathalyzer test cannot be enforced if you were stopped without reasonable suspicion or arrested for a DUI without probable cause. If you suspect such is the case, please call our office for a consultation so we can assist on you on identifying these situations. 

 

What happens if I fail the breathalyzer test?

Conversely, if you have submitted to the test, the Law Offices of Matthews R. Bark can help you obtain a temporary driver's license while your DUI charge is pending and potentially get your charge reduced to reckless driving with far fewer negative repercussions. According to Florida DMV records for 2011, in fact, over 40% of DUI tickets issued did not result in convictions.

 

The Bottom Line

 

 

The bottom line: regardless of your previous conduct, a skilled attorney can examine your case, determine if any illegal actions were taken against you, and bring to fruition the best possible outcome, whether that means getting your charges reduced or proving your innocence.

 

A DUI is a significant criminal charge that can adversely affect your future in unforeseen ways. Don't endanger your job security or opt for a life of higher insurance premiums when there are solutions available. You have better, attainable options. 

 

 

Contact us now at the Law Offices of Matthews R. Bark, P.A. to discuss your case. Let us show you how we've established an impressive track record of success in court and earned outstanding client satisfaction. Call today at 407-865-8888.