Reader’s Question:
I think all lawyers are expensive, so why do I need to hire one for my DUI case here in Florida?
Margarette
Orlando, FL
There are particular legal formalities to be embarked since you are charged with DUI in Florida. For that reason, you need the help of a lawyer who specializes in these cases. A DUI lawyer can give you assistance in knowing your legal rights from the time of your DUI arrest. He/she can go over the details of the DUI case, take care of court procedures and find out your status on the case. The DUI lawyer can also negotiate on your behalf for a case settlement and aid you by going over the driver’s license suspension a few days following your DUI arrest. He/she can also aid you with taking rehabilitation programs and even request the court for leniency since you are changing your ways.
DUI lawyers in Florida are typically knowledgeable in all the procedures such as the breath test, chemical tests, etc. Your entire defense could be based on the results of these tests if they are favorable for you. They can also build your defense by studying the environment and road conditions at the time and place of your DUI arrest and any other things that could have an effect on your field sobriety tests. Lawyers could efficiently study your DUI case to see any loopholes, run independent chemical analysis of your blood sample, inspect the calibration and maintenance records of the breath-analyzing machine, get reliable witnesses and suppress evidence to give you the best defense on your DUI case.
Reader’s Question:
My vehicle is registered in the state of Florida. I was just wondering if my Florida auto insurance company will cover if I drive out of state? I have a prior DUI conviction, which I know will really hurt my rates. 
Brian
Miami FL
Yes, normally your car insurance policy will cover you and your car when you drive out of state within the US or some areas in Canada.
However, you must be driving in your own car. In case of an accident in Florida your Personal Injury Protection coverage covers you even if you are in another person’s vehicle and as well as other household members.
Florida car insurance policies vary but most will extend you coverages out of state with a broadening clause.
If you want to know for sure if your Florida auto insurance company will cover you when you drive out of state, I suggest that you contact your car insurance company regarding your specific car insurance policy. If you get involved in an accident out of state and would like to determine how your policy will accept the claims discuss this with your car insurance agent since they know your specific policy terms and conditions as well as your insurers claims process.
Reader’s Question:
I am having a hard time getting affordable DUI insurance and I’m about to lose hope. How can I get the best car insurance rate now that I have a DUI here in Florida?
Ken
Hialeah, FL
Drivers who have been found guilty of driving under the influence or DUI are required to get a DUI insurance policy from a car insurance company. DUI insurance or SR22 insurance is typically a lot more expensive compared to other forms of car insurance due to the fact that it is issued to high risk drivers. The high rate of DUI cases also causes the continued increase of DUI insurance rate. For drivers who want to get a more affordable DUI insurance, they can try looking online for specialized SR22 insurance firms.
The fact that DUI insurance is issued to high risk drivers is a reason why car insurance companies charge high rates on those who have this type of insurance. In fact not all car insurance companies are willing to issue DUI insurance to drivers caught for DUI. Since drivers caught for DUI are considered high risk policy holders, car insurance companies charge high rates on them.
The resurgence in the number of DUI cases is also another factor why it is very hard to obtain affordable DUI insurance. As more and more drivers are caught driving under the influence, car insurance companies are faced with more risks, and the only way they can counter this to protect their business is to increase their DUI insurance rates.
Drivers in Florida who need DUI insurance should be thankful that there are still companies that offer lower DUI insurance premium. Many of these specialized DUI insurance companies have their own websites, allowing drivers to easily shop and purchase for cheap DUI insurance policies.
To get the best deals, drivers are recommended to compare as many cheap DUI insurance quotes. By giving more time to shopping and comparing DUI insurance quotes, drivers are guaranteed to purchase the best DUI insurance rate in the market.
Reader’s Question:
How do I choose the best DUI attorney for my DUI conviction in Florida?
Janice
Thank you for asking Janice.
Here are some of the criteria that you may consider in choosing the best DUI lawyer in Florida:
1. Your DWI lawyer must have the latest functional knowledge on the focused areas of DUI/DWI as well as know the various tactics used by the police officers in Florida while conducting breath/blood alcohol tests and field sobriety.
2. Find out whether the lawyer focuses particularly on DWI/DUI defense cases, or he takes up other types of criminal and/or civil cases also.
3. Make sure that the lawyer appointed by you is certified by the American Bar Association through the National College for DUI/DWI Defense.
4. The DWI lawyer should have an expansive knowledge in physiology, gas chromatography, breath testers, individual tolerance ,infrared analysis, photochemical analysis, etc.
5. Discuss in advance about all the expenses to be incurred by you while you finalize the deal.
6. Do not get carried away by any false claims of dismissal of the case. The DWI defense attorney can at the most make an effort to turn the case in your favor, but there is no guarantee that your lawyer will be able to completely get the penalties written off or do away with any type of jail sentence.
Goodluck!
MariCAR
We’ve gone over pricing, fee agreements, and even considered the possibility that you may not be able to hire a Pembroke Pines Florida DUI lawyer at all. However, in the last case, it’s not quite so clear as I had previously made it out to be. Whether or not you can hire a lawyer to represent you is not always a case of having enough money or not having enough money. Sometimes, it varies.
If you don’t have the money to pay a lawyer, then in some instances, like if you are facing a felony or misdemeanor (occasionally) charge, you might be given the option of having a public defender represent your case.
While it may be true that public defenders, being just another arm of the government, don’t have an excellent reputation, it’s a toss up of whether or not that is well deserved. The real truth is that public defenders are often former private lawyers or even lawyers who have a private practice on the side, and so they often have equal or even more experience than your average expensive private lawyer.
As you go into the consultation which will influence your hiring a Hialeah Florida DUI lawyer, you should have a course of action in mind so that you can retrieve the most amount of information in the least amount of time. Lawyers for DUI cases tend to be busy and so these consultations tend to be short, and so you will have to get the most done quickly. You will require that the lawyer answer the questions you need answered with the most detail, honestly.
Most importantly, take care to ensure that the lawyer you are having your consultation with is also the lawyer who would take charge of your case if you decided to hire one from this firm. While you can learn about pricing and so on from just about any lawyer in the firm, you still won’t be able to measure experience and knowledge unless you talk with the same lawyer, and you also need to know that you get along with that lawyer as well.
As I mentioned above, experience is something you need to look at when hiring a Hialeah Florida DUI lawyer. While a lawyer can know about DUI law from reading, law school, and speaking with other lawyers, it takes many turns in court for them to understand how it looks beyond just the paper. A good lawyer for your case should work on DUI law cases more than half of their case load, and should be very successful with these.
Keep asking questions, and whenever the lawyer gives you an answer, press for more details!
Not everybody has the chance to get the services of a DUI lawyer in St Petersburg Florida for their case, but if you have even the slightest chance you should try. However, there are different levels of effort you can put, and while on one hand you may be in jail for a long time simply because you couldn’t get a lawyer to represent you, there are other times when you may come out of it just fine.
- You’re in trouble if you don’t hire a DUI lawyer in St Petersburg Florida if…
You were charged with a DUI after serious accident; it’s even more important to get a lawyer if the accident included someone being injured or dying. Severe fines and consequences come the more charges you get, so if this is your third DUI charge (or past that even), then you’re in this category. If being unable to drive means being unable to perform the duties of your job.
- You might be in trouble if you don’t hire a DUI lawyer in St Petersburg Florida if…
Second time to be convicted for driving under the influence of alcohol or drugs. 100% times the regular DUI BAC level. A minor involved.
- You might not be in trouble if…
Having a DUI on your record will make it harder for you to get a job or a degree or certification. You need bonding for your work. You need someone to explain this to you.
Your Orlando Florida DUI lawyer needs your cooperation when getting your case ready to present in a court of law, and so you have to relay all of the information you have to them. One of the most relevant pieces of information to your case is your behavior when you were pulled over and received your DUI charge. This comprises the amount of evidence they have proving that you were drunk, and sometimes it is weak and other times it is strong. Here are some forms this evidence comes in.
- Your speech changes, such as when you slur it or when you switch your words around and end up speaking nonsense.
- Your driving is wild, such as when you go in one lane and out the other, drive with your lights off, go over or under the speed limit, or just act weird in general.
- You appear as if you are drunk or have been drinking, such as if your clothes smell like alcohol, your eyes are red, and you are otherwise messed up looking.
- When the police officer asks you to perform a simple task, such as walk in a straight line or sing your alphabet, you don’t do it right.
- When asked how much you have had to drink, you answer with a number that doesn’t make you sound good.
- You are given a test for BAC, such as a blood test, and your level comes out over the legal limit.
Reader’s Question:
In January 2008, a friend of mine was convicted for DUI here in Orlando, Florida and got 1 year of probation. In May, he was arrested for a 2nd DUI. Do you have any idea as to how much jail time he will serve and other penalties he may have?
John
Orlando , FL
Regarding DUI penalties in the State of Florida , the following law applies for second conviction:
-Fines
Your friend might be paying a fine of $500-$1000. With a BAC of .02 or higher or with a minor in the vehicle, the fine will be a minimum of $1000, Maximum $2,000.
-Probation
He may be in probation for a minimum of one day, maximum of one year.
-Jail Time
Under Florida DUI Law, your friend may be incarcerated for a minimum of 10 days and a maximum of nine months. If BAC is .02 or higher or with a minor in the vehicle, he mat serve a jail time for a minimum of ten days and a maximum of Twelve Months.
-Driver’s License Suspension
His driver’s license may be suspended for five years. He may be eligible for hardship license reinstatement after 1 year.
-Impoundment
The vehicle may be impounded for 10 days or 30 days if the 2nd DUI is within three years. In his case, this is his 2nd DUI within three years, impoundment will be for 30 days.
-Other Penalties
This would include evaluation for any substance abuse problems, successful completion of an approved DUI Counter Attack School and he may undergo any recommended treatment.
Reader’s Question:
My cousin was arrested for a DUI charge in Florida. He refused to have DUI tests. What are the consequences of his decision for test refusal?
Justine
Tallahassee , FL
Your cousin may be in trouble. The Florida DUI law requires that the license be suspended on the day of the arrest for one year for the first offense and 18 months for any consecutive offenses if he refuses to submit to a urine or breath test. He will be given a 10-day permit on the arrest date and when it expires, he must serve 90 days of suspension before he is eligible to apply for a hardship license on the first suspension. If he refused to submit two or more times, no hardship license is permitted. For consideration of a hardship license, he must provide a proof of enrollment in a DUI School to the Administrative Reviews Office. If he will be given approval to reinstate early for hardship license, he must present this approval to the driver license office.
Whether for a hardship license or a full license, at the time of reinstatement, he must take the required examination and pay $115 administrative fee, $35 reinstatement fee and any license fee required. Proof of liability insurance on the day of arrest or proof of liability coverage and a $15 reinstatement fee will be required under Florida DUI law.
Reader’s Question:
I don’t know how serious DUI offense is and I also don’t know its legal definition. If in case I drink and drive here in Sunrise, Florida, how can I be charged with DUI?
Jackie
Sunrise, FL
DUI is a very serious offense that any person charged with it should not take for granted. If you get charged for DUI there in Sunrise, Florida, you are risking your driver’s license, your freedom and possibly, your job and future job opportunities. To define DUI, it is unlawful for any person to drive or operate any motor vehicle if a person has a blood alcohol content of 0.08% or more or while a person is under the influence of alcohol, any narcotic drug or any other self administered intoxicant.
You can be found guilty of driving under the influence if your blood alcohol level when you were driving was 0.08 or higher, as determined by a chemical test and this is called the “per se” statute. You can also be found guilty or DUI if you are proven to be under the influence of alcohol or under the influence of drugs and this is called a presumption statute. If there is no chemical evidence, the prosecutor can use your driving behavior and the field sobriety tests to establish you were under the influence.
Reader’s Question:
How many years does the driving under the influence (DUI) remain on your driving record in Florida?
James
Orlando, FL
The state of Florida notes specifically that a driving under the influence in Florida remains on your permanent driving record and on your driving history for seventy five (75) years.
The Florida Statutes authorize the Department of Highway Safety and Motor Vehicles (HSMV) to maintain and establish the management of driving records for drivers in the state of Florida.
According to the Highway Safety and Motor Vehicles (HSMV) convictions reflecting point assessments stays on a customer’s complete driving record for a period of ten years from the date of conviction. But, serious convictions such as DUI, DUI/Manslaughter, Vehicular Homicide, etc. will remain on the driving history for seventy five (75) years.
Reader’s Question:
Do I need an attorney in Florida for my DUI case or can I just represent myself?
Sean
Thank you for asking Sean.
Yes, you can actually represent yourself — although I don’t think its a good idea. It is like a doctor doing an appendectomy on himself.
Driving while Intoxicated (DWI) is a very complex field with increasingly severe consequences. There is a minefield of complicated constitutional, procedural, evidential, sentencing and administrative license issues.
A qualified and experienced DWI attorney, however, can review the case for defects, have the court suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, negotiate for a lesser charge or reduced sentence, have blood samples independently analyzed, obtain expert witnesses for trial, contest the administrative license suspension, etc. It is possible that you end up pleading guilty on a case that might have been dismissed.
Goodluck!
MariCAR
Reader’s Question:
I know that nonrenewal and cancellation of car insurance could be different from one another. What are the reasons why my car insurance here in Miami, Florida could be canceled or not be renewed? Can you guys give me a cheap car insurance rate?
Margo
Miami, Fl
Nonrenewal and cancellation are two means of putting a stop on car insurance coverage by a car insurance provider. Nonrenewal indicates that your present car insurance company in Florida chooses not to renew the policy at the scheduled renewal period. Cancellation means ending your Miami car insurance for a valid reason given by the insurance company.
Most of the time, your Miami car insurance could not be renewed if you have too many claims at the time you have coverage from a car insurance company. Other reasons include a conviction for driving under the influence (DUI), numerous at-fault accidents and lots of traffic tickets for the last three to five years. If your insurer decides not to renew your Miami car insurance, they would send a notice of nonrenewal, generally 30 days before the contract ends, with the reason why they decide not to renew your policy.
Your Miami car insurance could be canceled if you don’t pay your premium when it’s already due. Other reasons for the cancellation of your Miami car insurance include misrepresentation of your driver risk level, having a suspended or revoked driver’s license due to DUI and having an expired driver’s license. A number of car insurance providers could cancel your policy any time but they would have to give you due notification required by law.
Reader’s Question:
Is having auto insurance and SR22 here in Florida gonna be a different policy as having auto insurance without SR22?
Homer
Citrus Park-Fern Lake, FL
SR22 is a proof of insurance in the state of Florida required for those drivers who have had serious traffic citations. Insurance and SR22 can be bought together in a policy that has the liability coverage. SR22 is not gonna be a different policy as having auto insurance without SR22, although they still have their own dissimilarities. In cases where in a car insurance company have to issue SR22, they would have to inform the Florida Department of Highway Safety and Motor Vehicles (DHSMV) if the policy is cancelled for any reason. Basically, SR22 would let the DHSMV to be updated about the driver’s insurance status so that other drivers would have protection against risky drivers.
If a person is required to get SR22, he/she would just have to tell his/her insurer that he needs insurance and SR22. The car insurance company then provides the necessary paperwork that needs to be submitted to the DHSMV. At this point, the car insurance company would have to do all it has so that the SR22 filing will be processed. Most of the drivers required getting insurance and SR22 has to maintain SR22 for a period of three years. Then if that period is over, the driver need not worry showing proof of insurance to the DHSMV.
Reader’s Question:
How much does it cost to hire a lawyer in a DWI case in Florida?
Cecille
Thank you for asking Cecille.
It will actually depend on the lawyer you hire in Florida. One lawyer may charge you $200 and another may charge you with $5000 for the very same DWI case. Other times the representation you get from Florida lawyers will vary accordingly, but not always. You should be very careful of lawyers who seem to be charging you too little because there may be additional fees for court appearances and other services that he may charge you. You should also be concerned about any lawyer who charges you a high retainer fee without consideration of what really needs to be accomplished in your DUI case.
The best thing to do is to visit several Florida lawyers and spend some time discussing your case. In a face to face meeting you will be able to get a sense of their dedication and concern for your case. A phone call will not reveal this. Make plans on spending more for a lawyer who has experience, training and has an excellent reputation as a trial lawyer. With that type of attorney, you are likely to get what you pay for. You will not know whether a Florida lawyer is right for you unless you meet him and see how he responds to your concerns.
Hire a lawyer who specializes in DWI cases in Florida if your income allows it. This lawyer will be able to give you solid information on what to expect in terms of cost.
Goodluck!
MariCAR
Reader’s Question:
What are the penalties for second offense DUI in Florida? Do I need a lawyer for this?
June
Thank you for asking June.
In Florida, driving under the influence (DUI) is defined as driving a motor vehicle while impaired with a blood alcohol level (BAC) of .08 or higher, a controlled substance or chemical substance. A DUI stays on your driving record for 75 years.
Below are penalties that you may face for second offense in DUI in Florida:
* Fines of $500 to $1,000 and a minimum $1,000 to $2,000 for BAC of .20 or higher, or a minor in the car,
* Jail time of not more than nine months. A BAC of .20 or higher, or operating a vehicle with a minor in the vehicle, will require a jail time of up to 12 months. If it’s your second conviction in five years, a mandatory 10-day jail sentence will be required.
* impoundment of vehicle(if a second conviction in five years) for 30 days.
* suspension of drivers license for six months minimum. If it’s your second conviction in five years, you’ll lose your drivers license for five years (but will be eligible to apply for a hardship license after a year).
Deciding whether or not to hire an attorney in Florida is a personal choice and the answer depends on your personal and financial situation and your ability to handle the process on your own.
Goodluck!
MariCAR
Reader’s Question:
What is the importance of doing some comparison shopping for my car insurance here in Florida?
Hailey
Gulf Breeze-Harold, FL
Just like any other thing that you want to purchase, it would be a sensible move to compare auto insurance quotes prior to signing up with a particular auto insurance provider in Florida. The reason behind this is that there could be a huge variation in auto insurance premiums from one insurer to another, and you could actually save a lot of money by making comparisons. So the choice is ultimately yours if you want to waste money by not doing some comparison shopping. But certainly, you wouldn’t like to get on the phone and call up insurance carriers one by one.
Luckily, there are a lot of online websites that would let you do some comparison among auto insurance premiums from a lot of carriers. You may either visit a particular auto insurance carrier’s website or use a comparison quotes sites wherein you would just put in your information once and you would come up with several auto insurance quotes from various carriers. However, there is something that you need to be careful about when you are comparison shopping. One auto insurance carrier may give you the lowest quote that is relatively lower than all other quotes. Don’t immediately choose the cheapest premium and you have to go over the policy and read everything including the fine print.
Reader’s Question:
I am going to be a senior citizen by the first quarter of next year and my son has been telling me that I will be getting a favorable discount in my car insurance here in Florida. It’s not that I’m complaining but why is it that senior citizens are getting lower rates than other ages?
David
Coral Springs, FL
When a person reaches the senior citizen’s age here in Florida, they are already expected that they have more properties than the young. And not only that they have their properties but also they have lesser bills to pay as well as no debts to be paying. Senior Citizens are also getting the discounts they want especially in Car Insurances.
Senior Citizens get a lower Car Insurance rate not only because of the privilege they get from the State but also because of their record. A senior citizen rate depends on how they have managed to be free from road accidents or violation tickets. And also their record speaks for themselves that for all we know senior citizens are actually safer on the road for they are more mature and have more experiences than the young. But they are strongly advised to carry high limits of liability to protect your property in case of an accident, if you their limits of liability is not enough this might let the plaintiff to come after your property if there is a severe damaged incurred. The best thing to do is discuss matters with your insurers to at least have a coverage that would protect you most.
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