Lakeland DUI Defense Lawyer - Criminal Law
Experienced DUI Defense attorney providing Criminal Law Legal Services in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area.
Call 863-354-0508 today to schedule a Free Consultation with dui defense lawyer, Robert A. Norgard.
A charge of Driving Under the Influence (DUI) in Florida is a serious legal crisis. Whether it is charged as a misdemeanor or a felony, a DUI arrest carries severe consequences that go far beyond a typical traffic ticket. A conviction leads to mandatory driver's license revocation, vehicle impoundment, heavy fines, and a permanent criminal record that cannot be sealed or expunged in Florida.
If you or a loved one has been arrested, you need an aggressive criminal defense strategy. At the Law Office of Robert A. Norgard, we provide experienced DUI defense representation throughout Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and the greater Polk County area. We understand how Florida prosecutors build their cases, and more importantly, we know where those cases are vulnerable.
About DUI Crimes
Under Florida Statute § 316.193, a person commits the crime of DUI if they are driving or in "actual physical control" of a vehicle while impaired by alcohol, chemical substances, or controlled substances. The state can prove a DUI using one of two methods:
Impairment of Normal Faculties: The prosecution proves that your normal faculties (such as walking, talking, or judging distances) were noticeably diminished.
Unlawful Blood or Breath Alcohol Level (BAL): A "per se" violation where scientific testing shows a blood-alcohol level or breath-alcohol level of 0.08 or higher.
The specific type of DUI charge and its corresponding penalties depend heavily on your prior driving record and specific aggravating factors:
- Classified as a DUI second-degree misdemeanor. Penalties include up to 6 months in jail, fines between $500 and $1,000, mandatory vehicle impoundment, 50 hours of community service, and a minimum 180-day driver's license revocation.
- Classified as a DUI second-degree misdemeanor but carries enhanced penalties due to the high alcohol content or presence of a child. Penalties include up to 9 months in jail, fines between $1,000 and $2,000, and the mandatory installation of an Ignition Interlock Device (IID) for at least 6 months upon license reinstatement.
- If it occurs within 5 years of a prior conviction, it carries a mandatory minimum of 10 days in jail (up to 9 months maximum), a 5-year license revocation, and a mandatory Ignition Interlock Device for at least 1 year.
- Charged as a DUI Third-Degree Felony. It carries a mandatory minimum of 30 days in jail (with a maximum of up to 5 years in state prison), fines up to $5,000, and a minimum 10-year driver's license revocation.
- Charged as a DUI Third-Degree Felony regardless of the timeline. It carries up to 5 years in state prison and a permanent, lifetime revocation of your Florida driver's license.
- Charged as a DUI Third-Degree Felony if the impaired driver causes an accident resulting in severe physical injury to another person. Penalties include up to 5 years in state prison.
DUI Conviction
To secure a DUI conviction in Polk County courts, the state prosecutor must prove every element of the crime Beyond a Reasonable Doubt. Because much of the state’s evidence relies on roadside observations and mechanical testing, a skilled defense attorney can aggressively challenge the prosecution’s case at multiple critical points:
- Actual Physical Control: If the police found you asleep in a parked car, the state must prove you had the immediate capability and intent to operate the vehicle. Circumstantial evidence in these scenarios is often highly vulnerable to defense challenges.
- The Legality of the Traffic Stop: An unlawful traffic stop violating your Fourth Amendment rights can break the state's case completely. If the officer lacked a valid legal reason or reasonable suspicion to pull you over, any evidence obtained afterward—including breath tests and field sobriety exercises—can be suppressed and ruled inadmissible
- Flawed Roadside Standardized Field Sobriety Exercises (SFSEs): These physical coordination tests are inherently subjective. Factors such as physical medical conditions, inner ear issues, inappropriate footwear, uneven roadside surfaces, and poor weather can easily skew the results.
- Breathalyzer Inaccuracy: Intoxilyzer 8000 results are not infallible. We routinely scrutinize machine calibration records, monthly maintenance logs, operator certifications, and whether the strict 20-minute continuous observation period was properly followed by the arresting officer.
A Florida DUI arrest triggers two completely separate legal proceedings:
Your criminal court case and an immediate Administrative Suspension of your driving privilege by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Critical Deadline Warning: You have only 10 days from the exact date of your arrest to file a formal challenge against the administrative suspension of your license. Failing to act within this 10-day window means an automatic, hard suspension of your driving privileges will take effect.
Why choose The Law Office of Robert A. Norgard to represent you when charged with a DUI in Florida
The Law Office of Robert A. Norgard provides comprehensive advocacy to handle both fronts seamlessly. We immediately file the necessary legal paperwork within the 10-day window to contest the suspension, protect your driving records, and work to secure a formal review hearing or a hardship license so you can continue driving to work, school, and medical appointments.
A DUI arrest does not have to result in a permanent conviction. By aggressively examining police reports, video footage, and chemical testing data, Robert A. Norgard works tirelessly to achieve case dismissals, trial acquittals, or a strategic reduction to a lesser charge like reckless driving.
If you are facing a DUI charge in Bartow, Lakeland, Winter Haven, or anywhere in Central Florida, do not delay. Contact the Law Office of Robert A. Norgard immediately to protect your driver's license, your livelihood, and your freedom.
Call 863-354-0508 today to schedule your Free Consultation with Lakeland dui defense attorney, Robert A. Norgard.