The Defense Group: Florida Drunk Driving Defense Lawyers Providing Aggressive and Effective Legal Representation

With more than thirty years experience aggressively defending DUI cases, the skilled lawyers of The Defense Group have established a well-deserved reputation as one of the most effective and highly respected DUI defense firms in Altamonte Springs, Seminole County, Brevard County, Lake County, Osceola County, Orange County, Volusia County and throughout Central Florida.

The experienced and exceptionally well-qualified Florida DUI attorneys of The Defense Group have the compassion and understanding to remain sensitive to human feelings while providing support, guidance and hard-hitting aggressive DUI defense of the highest order. The Firm has broad experience and expertise in all types of alcohol and drug-related driving offenses, including:

• Driving Under the Influence- DUI/DWI (Alcohol)
• Driving Under the Influence- DUI/DWI (Drugs or Prescription Medication)
• DUI/DWI (Alcohol or Drugs) With Prior Conviction
• DUI/DWI Causing Serious Bodily Injury
• DUI/DWI Manslaughter
• DMV Hearings
• Criminal Traffic Offenses
  • Reckless Driving
  • Leaving the Scene of an Accident
  • Fleeing and Eluding

Although usually charged as misdemeanors, DUI cases can be staggering in complexity, commonly involving serious Constitutional Law issues. To effectively handle a DUI case, a criminal defense lawyer must have a solid background in anatomy, biology, chemistry, physiology, and toxicology, and an intimate understanding of the function and operation of the various testing instruments and procedures used by hospital and laboratories in measuring alcohol and/or drugs in the human body.

A substantial portion of The Defense Group’s clients are referred by other attorneys, law enforcement representatives, law professors and courthouse personnel. The majority are referred the old-fashioned way, however, by word of mouth. Satisfied clients tell their friends and family about the personal respect and consideration they were shown, and the tireless and effective legal representation they received in their DUI case from The Defense Group.

"With over 100 years of combined experience, all of our DUI trial attorneys are former prosecutors, two are former cops, one was General Counsel for a Sheriff’s Department, two were police academy instructors, and two are Board Certified Criminal Specialists. Compare these qualifications with any other firm in Central Florida."

- Hal G. Uhrig

Attorney, The Defense Group

If you or someone you know in Altamonte Springs, Central Florida, or within the surrounding areas of Florida, needs the assistance or trusted legal advice of an experienced DUI lawyer, please contact The Defense Group today at 866-691-7932, or complete the contact form provided on this site to schedule your free initial consultation.

Central Florida DUI Lawyers: The Defense Group Practice Areas and Legal Definitions

Florida DUI (Alcohol):

Although the charge is commonly referred to as drunk driving, the fact is that "driving" is not necessarily involved and one need not be "drunk," within the usual meaning of the word. A person who is in actual physical control of a vehicle need not be driving to be arrested if under the influence of alcohol or drugs. Simply sitting behind the wheel of a parked car with the ignition keys in your pocket can satisfy the driving part of the offense. To most people, the term "drunk" refers to someone who is staggering, incapable of coherent speech, etc., but this is not the standard for a DUI offense. If a person's physical and mental abilities are sufficiently impaired by alcohol that he or she no longer has the ability to drive a car safely, a DUI prosecution may follow. There is no need for any objective symptoms of intoxication, and even a driver who does not appear to be impaired to any extent at all can still be prosecuted for DUI if the concentration of alcohol in his or her blood is .08% or more.

Florida DUI (Drugs or Prescription Medications):

Everybody knows it is illegal to drive under the influence of illegal drugs, but many believe they can avoid conviction for DUI by producing a prescription for the drug in question. This is NOT true! A DUI charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in a DUI case is impairment, and the standard is the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much.

Florida DUI (Alcohol or Drugs) With Prior Conviction:

As in most other states, repeat DUI offenders face progressively stiffer penalties in Florida. Although the first offense and the second are prosecuted as misdemeanors, the penalties increase on the second offense. A third offense is chargeable as a felony, and can result in a state prison sentence.

Florida DUI Causing Serious Bodily Injury:

When a person Driving Under the Influence (DUI) causes serious bodily injury to another person, felony charges may be filed. " Serious Bodily Injury" is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Florida DUI Manslaughter:

Anyone driving "Under the Influence" who causes the death of another person, either by mistake or by accident, may be charged with Intoxicated Manslaughter, a Felony in Florida.

If you or someone you know in Altamonte Springs, Central Florida, or within the surrounding areas of Florida, needs the assistance or trusted legal advice of an experienced DUI lawyer, please contact The Defense Group today at 866-691-7932, or complete the contact form provided on this site to schedule your free initial consultation.

Frequently Asked Questions of the Florida DUI Lawyers of The Defense Group

The following information includes frequently asked questions drunk driving defense questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is unique and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting The Defense Group, you can receive a personal consultation regarding your specific drunk driving case.

Is it true that I don't have to be driving to be arrested and charged with DUI?

Yes. Under Florida law you don't have to be driving to be arrested for DUI, provided that you are in "actual physical control" of the vehicle. If you are just sitting behind the wheel of a parked car with the ignition keys in your pocket, you can be arrested for DUI if you are intoxicated, or if the concentration of alcohol in your blood in .08% or more.

What are FST's?

Field Sobriety Tests (FST's) are a series of tests commonly administered to DUI suspects for the stated purpose of evaluating their sobriety. In many cases, however, the investigating officer has already decided to arrest the suspect before administering any FST's, based on his personal observation of the suspect. In cases such as this, the test is used, not to determine sobriety, but to gather evidence to use against the suspect in court. With some variation from one police agency to another, the FST usually includes:

Horizontal Gaze Nystagmus Test

Horizontal Gaze Nystagmus is the medical term that describes involuntary jerking or trembling of the eyeball that may occur as a subject visually tracks a moving object from side to side. Holding an object such as a pen or small flashlight about 12 inches in front of the subject's face, the police officer moves the object from side to side. The subject is instructed to track the movement of the object without moving his or her head. As the test proceeds, the officer carefully observes the subject's eyes, watching for the onset of nystagmus. The early onset of nystagmus may be an indication that the subject has been drinking. On the other hand, there are a great many causes for lateral gaze nystagmus that have nothing to do with alcohol consumption. Moreover, almost everybody over the age of 40 suffers from nystagmus to some extent.

Walk and Turn Test

In this test, the subject is instructed to take a specified number of heel-to-toe steps along an imaginary straight line, then turn around and take a specified number of heel-to-toe steps in the opposite direction. This test has several different aspects, one of which is evaluation of the subject's ability to remember and follow instructions. The officer wants to see whether the subject is able to remember how many steps to take in each direction. Does the subject remember to walk "heel-to-toe?" Throughout the test the officer is evaluating the subject's physical coordination. Is the subject able to walk in a straight line? Does the subject have difficulty maintaining balance, either walking heel-to-toe or in turning around?

Standing on One Leg

In this test, the subject is asked to stand with heels together, keeping both arms at the side. Then the subject is required to raise one foot six inches off the ground while counting out loud until instruc ted to stop counting. Is the subject able to stand on one leg without swaying, hopping, or putting the foot down? Is the subject able to maintain balance without raising his or her arms?

Finger to Nose Test

In this test, the officer evaluates the subject's physical coordination and the ability to follow instructions. The subject is required to stand erect with eyes closed and feet together, and to touch the tip of first one and then the other index finger to the tip of the nose. The officer checks and records the extent of the subject's success in touching the tip of the nose. Even if the subject touches the tip of the nose, failure to employ the "tip" of the index finger will be graded "unsatisfactory." The officer also looks to see whether the subject remembers to close the eyes. Does the body sway back and forth during the test? Are there apparently involuntary tremors of the body or eyelids during the test?

The Rhomberg Balance Test

In this test, the subject is required to stand at attention, arms at the sides, with the eyes closed and the head tilted back and to remain in that position for a stated period of time - usually 20 or 30 seconds. The officer is evaluating the subject's ability to stand still without opening the eyes or raising the arms to maintain balance. Is the body swaying in any direction? Do there appear to be involuntary body or eyelid tremors? How accurately does the subject comply with the time period assigned?

Miscellaneous Tests

Other FST's commonly in use include counting backwards and writing or reciting the alphabet. Singing "The Alphabet Song" is not regarded as satisfactory performance. There are various other tests involving manual dexterity administered by some agencies or by some individual officers.

The officer will be listening carefully throughout the test, writing down any statements or admission the subject may make which can be used in court to strengthen the prosecution case at trial. There is no need for any sort of confrontation with the officer, but there is no need for idle chatter either. Neither one is likely to result in the subject's immediate release, and idle chatter can cause significant harm to the defense, in the event there is an arrest.

Many of the FST's involve testing for physical coordination and mental concentration. Certainly, it is possible that poor performance on the FST's may indicate intoxication. On the other hand, it may just be an indication that the subject has poor coordination, or was under a lot of stress during the test.

Do I have to take an FST?

No. You are not legally required to submit to an FST, and unless you have a high level of confidence that you will do well, you might want to consider "respectfully declining" to do the tests. Many people find that a DUI encounter with the police dramatically increases levels of tension and anxiety, even where they have consumed no alcohol whatsoever.

Which test should I take?

Although Florida law provides for blood, breath, or urine tests in DUI cases, the test result is always expressed in terms of blood alcohol. Most experts would agree that of the three, the Blood Test is the most accurate and the most reliable. It is, after all, a direct test. The blood is checked for alcohol and the result is expressed in terms of "blood alcohol." The other two tests measure the amount of alcohol in the breath and in the urine. The test result must then be mathematically converted to a blood alcohol result. The risk is slight, as both tests are fairly accurate, but neither is as accurate nor as reliable as a blood test. The Breath Test is usually ranked as the second most accurate chemical test, with the Urine Test coming in third. You might want to keep this in mind in deciding which test to take.

Obviously, if you have consumed little or no alcohol you might benefit from the strongest possible evidence to prove yourself alcohol free. On the other hand, if you are a user of recreational drugs or took prescription medication the night you were stopped by police, you could be at risk from either the Blood or Urine test, and might wish to choose the Breath Test.

What is the penalty for DUI in Florida?

As in most states, Florida imposes progressively stiffer penalties on repeat DUI offenders:

• First Conviction: Upon a first DUI conviction in Florida the defendant may be sentenced to up to 6 months in County Jail and be required to pay fine of $500, plus suspension of driver's license.
• Second Conviction: Maximum penalty for second DUI conviction in Florida is a County Jail sentence for up to 9 months, with maximum fine of $1,000, plus suspension of driver's license.
• Third Conviction: On a third DUI conviction in Florida the maximum jail sentence is one year and the maximum fine is $2,500.
• Fourth Conviction: A fourth DUI conviction within 5 years in Florida is chargeable as a felony and can result in a State Prison sentence. Regardless of the amount of time between offenses, Florida law requires a lifetime license revocation on a fourth DUI conviction.

What happens if I'm granted probation on a DUI case?

Probation is nothing more nor less than a "conditional" release and the defendant does not have to accept probation, but those who reject it are likely to spend some time in jail. In granting probation the Court actually sentences you to jail, but then "suspends" the sentence subject to your compliance with the conditions imposed. If you violate any of the conditions, the Court may revoke your license and order you arrest and imprisonment for the duration of the jail sentence you originally received.

Conditions of probation in a DUI case typically include at least 50 hours of community service, participation in a court ordered rehabilitation class or program. Your car may be temporarily impounded, and you may be required to reimburse the county for its expenses in supervising your probation.

How much does The Defense Group charge for legal representation in DUI cases?

There is never any charge for an initial consultation to determine how The Defense Group can best serve your needs. The amount of the fee will depend on a variety of factors, mostly relating to the complexity of your case and the amount of attorney time likely to be required to resolve it. The exemplary trial lawyers of The Defense Group fully understand that most people don't come into contact with lawyers very often, and they welcome your questions about the fees involved in your case. As with any other business transaction, you have a right to know just what you are paying for, and how much it's going to cost. You will find the fee schedule at The Defense Group to be reasonable and competitive, and there will be no "hidden costs" or "surprises."

If you or someone you know in Altamonte Springs, Central Florida, or within the surrounding areas of Florida, needs the assistance or trusted legal advice of an experienced DUI lawyer, please contact The Defense Group today at 866-691-7932, or complete the contact form provided on this site to schedule your free initial consultation.

Professional Biography of the Florida DUI Lawyers of The Defense Group

The Defense Group reveres client communication and confidentiality, regarding them as among top priorities. The exceptional Florida DUI trial lawyers of The Defense Group understand that matters surrounding drunk driving charges are traumatic and stressful in nature. Whether at The Defense Group’s main office in Altamonte Springs or at any of the several office locations, you will find a comfortable yet professional atmosphere where one of the Firm’s trial lawyers will meet personally with you, delivering trusted legal advice and services with compassion and skill.

Please contact The Defense Group today at 866-691-7932, or complete the contact form provided on this site to schedule your free initial consultation.

FIRM ADDRESS:

The Defense Group
815 Orienta Avenue, Suite 1060
Altamonte Springs, Florida 32701
Phone: 866-691-7932

Hal G. Uhrig, Attorney

Attorney Hal G. Uhrig was born in 1946 and attended the U.S. Coast Guard Academy, then moved to Gainesville, Florida where he joined the Police Department and graduated at the University of Florida with a B.A. in 1972. Uhrig transferred to the College of Law in University of Florida and rose to the rank of Sergeant in the Gainesville Police Department before graduating with his Juris Doctorate in 1974. He also attended the Legal Officers School at the FBI Academy in Quantico, Virginia. Uhrig was successfully admitted to the Florida State Bar in 1975 and after being sworn in, continued for some time with the department in Gainesville, serving as Police Legal Advisor while participating in a program of Post Doctoral work in Public Safety Law.

Attorney Uhrig then served four years as General Counsel and Legal Advisor to the Orange County Sheriff's Department. His entry into trial practice began with his employment as a Florida Deputy State Attorney General, working as a prosecutor in the RICO and Organized Crime section of that agency. This was followed by three years as an Assistant Public Defender, where he tried hundreds of cases. He demonstrated his interest in the academic world with a position as Associate Professor in the Master's Level Program in Criminal Justice at Rollins College in Winter Park, near Orlando and taught Criminal and Constitutional Law at Columbia College, working as a Police Standards Instructor at four separate accredited Police Academies before devoting himself to the private practice of criminal law as a trial attorney in 1984.

Mr. Uhrig has previously been, or is currently, a member of the following:

• The Florida Bar (Criminal Law Section)
• The American Bar Association
• The Alachua County Bar Association (Criminal Law Section)
• The Orange County Bar Association (Criminal Law Section)
• The Seminole County Bar Association (Criminal Law Section)
• The National Association of Criminal Defense Lawyers
• The Florida Association of Criminal Defense Lawyers
• The Florida Academy of Trial Lawyers
• The National DUI College
• The Central Florida Criminal Justice Council
• The Florida Association of Police Attorneys (Past President)
• The Florida Sheriff's Association (Legal Officers Section)
• The International Association of Chiefs of Police (Legal Officer Section)
• The Vollie Williams Chapter, Inns of Court-- Sanford, Florida

Carlos Vega, Attorney

Attorney Carlos Vega completed his undergraduate studies at Park University in Parkville, Missouri, earning a B.A. degree in Criminal Justice, and pursued his legal education in Tallahassee at the Florida State University College of Law, where he earned his Juris Doctorate, graduating with honors.

Mr. Vega served more than 20 years in a variety of challenging and responsible positions in the United States Marine Corp, including assignments with the Security section for the United States State Department in Embassies and other posts overseas. He has worked as a law enforcement officer, gaining particular insights into the internal workings of the arrest process and related areas. From 2003 to 2005, Vega was employed by the State of Florida as an Assistant State Attorney prosecuting hundreds of cases, many of which involved DUI and related charges, and is fluent in English and Spanish.

Mr. Vega has previously been, or is currently, a member of the following:

• The Florida Bar (Criminal Law Section)
• The American Bar Association
• The Orange County Bar Association (Criminal Law Section)
• The Osceola County Bar Association
• The Seminole County Bar Association (Criminal Law Section)
• U.S. District Court for the Middle District of Florida
• U.S. Court of Appeals for the Armed Forces
• The National Association of Criminal Defense Lawyers
• The Florida Association of Criminal Defense Lawyers
• The Florida Prosecuting Attorneys Association

Michael Rudisill, Attorney

Attorney Michael Rudisill attended the University of Florida at Gainesville, where he earned a B.A. in history, and then transferred to the UF College of Law, where he received a Juris Doctorate. Immediately prior to joining The Defense Group, Mr. Rudisill was a Florida Assistant State Attorney, prosecuting hundreds of DUI and other traffic charges in both Orange and Osceola counties. While serving as a DUI prosecutor, he attended various seminars including Pre-Trial Motions Workshop, Advanced DUI and DUI Vehicular Homicide Seminars. As a defense attorney with The Defense Group, he continues to attend defense-oriented seminars on DUI and other criminal areas. His exclusive focus on the practice of criminal law over the past four years equips him with valuable insights into the criminal justice system.

Mr. Rudisill is or has been a member of:

• The Florida Bar
• The Orange County Bar Association
• The Florida Association of Criminal Defense Lawyers
• The Florida Prosecuting Attorneys Association

John Woodward, Attorney

Attorney John Woodward is a 1974 graduate of the University of Florida at Gainesville, where he earned his B.A. degree. He obtained his legal education at the prestigious Wake-Forest University School of Law in Winston-Salem, North Carolina, graduating with his Juris Doctorate in 1977. Apart from a brief stint as a prosecutor in the Florida State Attorney's Office, Mr. Woodward has devoted himself exclusively to the defense of criminal cases. Over the past 27 years and more, he has handled literally thousands of criminal cases. Since 1988, Mr. Woodward has been one of the very few lawyers who have been formally certified by the Florida Bar Board of Legal Specialization and Education as a Board Certified Criminal Trial Specialist.

Mr. Woodard is or has been a member of:

• The Florida Bar (Criminal Law Section)
• The American Bar Association (Criminal Law Section)
• The National Association of Criminal Defense Lawyers
• The Florida Association of Criminal Defense Lawyers
• The Orange County Bar Association (Criminal Law Section)
• The Seminole County Bar Association (Criminal Law Section)