Our Services

DUI (Driving Under the Influence)

Having a drink is not illegal. Driving a car after having a drink is not illegal. Many people do both across Central Florida. The criminal violation of DUI/DWI is about impairment. Was your ability to drive affected by alcohol or did you blow above 0.08?
There are still many ways to attack a drunk driving charge — even if you blew above .08 on the Breathalyzer machine, or you did not consent to have a breathalyzer test done on you.

FAQs

Your most frequently asked questions

What are my next steps?
How much time will it take to finish with the case?
What would be the legal fees?

DUI is being in control of a vehicle while impaired by drugs or alcohol. Control means touching the car in any way.

Penalties vary by whether this is a first time DUI with minimum penalties to a 4th time where it is a felony.

There are defenses to a DUI and a detailed consultations is required to determine which may apply.

My fee to represent you for DUI starts at $1,500 for a first time offense. Complicated cases, such as those with injuries will increase attorney’s fees.

  1. If a person is in actual physical control of the vehicle, and
  2. The driver is impaired by alcohol or a chemical substance, or
  3. The driver has a .08 level of alcohol (BAC) either by breath or by blood.

The elements can be roughly explained as:

Actual physical control – you could be driving the vehicle, sitting in the vehicle, or even leaning on the vehicle. In other words, if you are physically touching the vehicle in any way you have control of that vehicle. 

Impaired – Driver is unfit to drive the vehicle after drinking or taking drugs. This may include over the counter medications like cough syrups with the warning on the bottle.

BAC – Blood Alcohol Content as measured by breath or by blood. Blood is normally drawn if you are involved in an accident involving injuries to yourself once you are transported to a hospital. 

1st DUI
This is charged as a misdemeanor first degree misdemeanor with a maximum penalty of:
  1. Up to 180 in the county jail (this is unlikely unless there is a crash involved)
  2. A term of probation up to a year, or 
  3. A combination of both probation and jail not to exceed 15 year; and
  4. Fine of up to $1,000
  5. Drivers License suspension of 6-12 months.
  6. 50 Community Service Hours
  7. Level 1 DUI school
  8. Booting your car for 10 days
  9. Court costs
2nd DUI within 5 years
This is charged as a misdemeanor first degree misdemeanor with a maximum penalty of:
  1. 10 to 270 days of jail time,
  2. A term of probation up to a year, or 
  3. A combination of both probation and jail not to exceed 1 year; and
  4. Fine of up to $2,000,
  5. Drivers License suspension of 5 years,
  6. Community Service Hours to be negotiated,
  7. Level 2 DUI school,
  8. Booting your car for 30 days,
  9. 1 year of car interlock (you have to blow for the car to turn on),
  10. Court costs
3rd and 4th DUI 
This can charged as a third degree felony with a possible penalties of:
  1. 5 years prison,
  2. A term of probation up to 5 years, or 
  3. A combination of both probation and jail not to exceed 5 years; and
  4. Fine of up to $5,000,
  5. Permanent Drivers License suspension,
  6. Community Service Hours to be negotiated,
  7. Level 2 DUI school,
  8. Booting your car for 90 days,
  9. 2 years of car interlock (you have to blow for the car to turn on),
  10. Court costs
 

Normally, these cases take anywhere from a 2-9 months depending on the amount of evidence the prosecutor turns over, body cam video review, investigator reports, motions, etc.

The best-case scenario in any criminal case is an outright dismissal. The second best is to negotiate a plea deal that will not affect you for the rest of your life. Then there is a negotiated plea that doesn’t involve any jail time, or does not involve prison time. Worst case is either a jail or prison sentence, or the uncertainty of trial.

I am there with you at every step.

Consent to the touching is not considered battery. A boxing, MMA match, football game, etc. with another is not considered battery.

Non-negligent touching such a inadvertently bumping or running into someone. It must be something that most people would view as incidental or not something that was intentional. Examples are backing into someone, tapping someone on the shoulder to gain their attention, etc.

Having someone say or doing something that would provoke a reasonable person to physical combat.

This is a short list of the possible defenses which is why a consultation, which is covered under attorney-client privilege, is necessary.

These are the general flat fees for my services:

Misdemeanor Battery – $1,500

Felony Battery – $3,000

Aggravated Battery – $5,000

All fees are based on my average fee for most cases. Attorney’s fees always increase with the complexity of the case.

I like to be completely transparent with my clients so they know they are not being taken advantage. The majority of my cases fall into the fees shown in the box above. That way, when you call for a consultation, you know that you are dealing with a professional. I feel it also build trust with my client to be upfront. 

That way you will know how much it may cost you to hire an attorney with 16 years experience in criminal law, who loves fighting for his clients.

We look forward to be by your side and advocating for you.

In trouble with the law and need help? Just contact me for a no judgement consultation.

Besides, consultations are free so you have nothing to lose. After speaking with me, you will have a better understanding of the consequences, risks (both short and long term), and what I can do for you. I’ve heard and defended just about every type of crime. You’ll see that I am very easy to talk with and our conversation is covered under attorney-client privilege.

Phone

407-476-5120

Address

4700 Millenia Blvd
Suite 175
Orlando, FL 32839

Email

info@sergiocruz.com