Reader’s Question:

I have a DUI charge here in Hollywood, Florida and I was advised about the “10-day” rule. How is this “10-day” rule applicable to administrative license suspension matters?

Liana

Hollywood, FL

In the state of Florida, if you refused to a breath or blood alcohol test, or if you submitted and had a result of 0.08% or more (0.02 for people under 21 and 0.04 for people driving a commercial vehicle), the state will attempt to suspend your driver’s license or privilege to drive for six months up to five years. In most DUI cases, this attempt to take away your license would occur prior to any criminal trial for DUI and would be automatically entered against you unless you file a request for a formal or informal review within 10 calendar days after the arrest date or having your license taken by the officer.

Filing a request for administrative for a first offense permits you to receive a temporary license for a period of 30 days or so. In most DUI cases, by timely and properly filing the appeal, limited-driving privileges will be granted until you have had a chance to have a hearing with a Department Hearing Officer and there will not be a jury. At the administrative hearing, no decision will be announced. But you will receive a decision in the mail within a few days after the hearing.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

My friend has an out-of-state driver’s license and just having a vacation here in Gainesville, Florida. The other night, she has just been arrested for DUI. How will this DUI arrest affect her since she’s licensed from out-of-state?

Lily

Gainesville, FL

The state of Florida actually cannot suspend your friend’s out-of-state driver’s license if she was arrested for DUI in Gainesville, Florida. Only her home state can actually suspend her license. The state of Florida can only suspend her privilege to drive in Florida. If she is unsuccessful at the administrative hearing, it may result in a suspension of driving privileges in Florida if she refused to submit to the police officer’s request for a breath, blood or urine test. This may or may not cause her to have her driver’s license suspended in her home state.

The protocol for processing a notification of a refusal report is different in each state. The state of Florida is obligated to send such notice to her licensing state. Some states do not take adverse action against the driver’s license in the non-resident driver’s home state for a “refusal” to be tested; for an over the limit blow; or a blood or urine test that tests positive for drugs/over the limit alcohol in Florida.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I was charged with DUI in Hialeah, Florida. I was told that I would first have a Formal Review Hearing. Is this different from the actual court trial?

Pacey

Hialeah, FL

Yes, Pacey, the Formal Review Hearing is different from the court trial. Since you were arrested for DUI in Hialeah, Florida and if you refused to take the test or the chemical test result for blood alcohol content (BAC) is .08% or greater, your driver’s license will be suspended for a period of time by the Department of Highway Safety and Motor Vehicles (DHSMV). By means of Formal Review Hearing, you are going to be entitled to challenge the driver’s license suspension. This Hearing, however, must be requested in writing and delivered to the DMV Office in Hillsborough County with 10 days from the date of your arrest. Your attorney can handle the details involved with scheduling and be able to conduct the hearing even if you don’t attend.

This Hearing can be a valuable tool in the defense of your case and the investigation. It would allow your lawyer to challenge the license suspension and, if successful, obtain your license reinstatement. I would also permit your lawyer to interrogate Law Enforcement Witnesses in order to gain detailed knowledge concerning their actions, observations and opinions.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

We were driving home the other night when a police officer asked us to stop. I was the one on the wheels and I was asked some questions related to drunk driving. I wasn’t detained because clearly, I was not drunk nor consume any amount of alcohol. But I want to know, are these Florida DUI checkpoints legal?

Spencer

Pembroke Pines, FL

Generally, the Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures. This includes protecting citizens from being stopped without a search warrant and requires, at a minimum, that a police officer have a probable cause or reasonable suspicion to briefly detain a citizen to investigate his suspicion that the individual is involved in some illegal conduct.

But there is an exemption to the Fourth Amendment. It is the sobriety checkpoint that is intended to both deter and apprehend drivers operating their vehicle while under the influence of alcohol and/or drugs. The US Supreme Court stated that certain safeguards should be followed to render such stops constitutionally permissible. DUI checkpoints as a measure of curbing drunk driving in Florida are legitimate so long as the police officers manning the checkpoints use a random method of selection which precludes the “probable cause” law, such as stopping every third car, and the delay and inconvenience to drivers is kept to a minimum.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

My cousin was charged with DUI in Miami, Florida. We already hired a DUI lawyer who would help him defend his case. But still, we wanna know more about the DUI court process. What is the legal order of proceedings involved in a DUI case?

Gabby

Miami, FL

After the initial arrest of your cousin for DUI in Miami, Florida, he will be given a Preliminary Hearing date so that a judge may review his DUI case and determine if there is sufficient evidence for the case against him. This is usually a proceeding after a criminal complaint filed by the prosecutor to determine whether and to what extent criminal charges and civil cause of actions will be heard by a court what evidence will be admitted, and what else must be done before the DUI case can proceed.

The next court date of your cousin would be for the arraignment. This is the formal reading of the criminal complaint to inform your cousin, as a defendant on the DUI case, the charges against him. In response to arraignment, he is expected to enter to a plea. The plea, of course, can either be “guilty” or “not guilty”.

Then, there goes the trial by jury. This is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. The juries weigh the testimony and evidence to determine questions of fact and of law. Requesting a trial by jury can be very complicated since witnesses and experts will be called upon to testify for and against your cousin’s case. If he chooses to take this route, his lawyer should have appropriate experience in DUI cases to help reduce his sentence or have his case dismissed altogether.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My father has been required by court to get SR22 car insurance because of his DUI conviction in Melbourne, Florida. How does this work and is this another insurance policy that he would have to carry?

Pearl

Melbourne, FL

Your father has been considered a higher risk by any insurance company because of his DUI conviction in Melbourne, Florida. He needs SR22 insurance on file with the state as it is required by court for him to have it. He would probably have to pay more on his car insurance than most drivers. SR22 will serve as a proof of insurance to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). SR22 is not another insurance policy he would have to carry, but rather his insurance company would usually charge or add a certain amount to his policy for SR22 insurance. He would have to dish put more for his car insurance. The SR22 insures drivers of one less uninsured motorist on the road and better protection for vehicles and property.

Florida SR22 car insurance is required for a period of 3 years after a DUI conviction and can be very expensive if you go with the wrong provider. I assure you that you can get an online SR22 insurance quote for your insurance policy from this site.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

My cousin was charged with DUI in Tampa, Florida and he is in need of a lawyer who would help him on his case. We were told that the lawyer that we would have to get is the one who specializes in DUI cases. How much do DUI lawyers charge and how do they work?

Ellen

Tampa, FL

A criminal defense lawyer usually charges a lot more in comparison to a public defender or a general practitioner, but it is always worth spending that much. The very simple reason is that they are expert legal professionals who have specialization in handling DUI cases. When you hire them to handle your cousin’s case, you simply maximize his chances of winning the judgment in his favor.

The best Tampa, Florida DUI lawyer is much more qualified than a public defender. They know the in’s and out’s of various sorts of DUI cases. They know all the major and minor details associated with a DUI case and they also know how to deal with such cases. The best DUI lawyer is not a different legal professional, but what gives them a winning edge over the others is the fact that they work differently. They usually start by looking for the loopholes on the case. They try to find the errors that the police officer may have committed. In this regard, they look into everything including the arrest procedures, intimidation that may have taken place and much more. The best DUI lawyer studies the case thoroughly and that is the reason why their defense is much stronger in comparison to the public defender.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My brother was charged with DUI here in Florida just recently. I kept on telling him not to drink and drive but he never listened. Anyways, we want to do everything to get him out of this but we are actually worried about the expenses especially in hiring a DUI lawyer. Is there a need for us to hire a lawyer at this point?

Marsha

Kendale Lakes-Lindgren Acres, FL

There are several reasons why you should hire a DUI lawyer to defend your brother on his DUI case in Florida. Primarily, a DUI lawyer would know a person’s legal rights in regard to the specific charge. Thus, a lawyer could be able to help prevent your brother from self-incriminating himself or any other mistakes he is likely to make.

If the charge is a serious one, which we hope not, a good DUI lawyer would know how to defend your brother in court. He needs the experience of a good DUI lawyer because they understand how to talk to prosecution, juries and judges. Given their years of legal experience, they know the law far more thoroughly than your brother will.

You have a valid point to think that a DUI lawyer may be expensive. This is because of the value they provide a person suspected of DUI. A few fortunes that you would have to pay the lawyer can be in exchange of serving time in jail, driver’s license restriction, community service, etc. Hiring a DUI lawyer could actually be a good investment on your brother’s part.

Tags: DUI, DUI lawyer

Reader’s Question:

My son has a potential DUI conviction for DUI here in Florida. We have a lot of concerns about his DUI case and we already have an idea about the outcome of the case. Our lawyer said that he could avoid jail term but he will be on probation. If that would happen, how long would the probation be and what are the things he would have to do?

Isabel

Northwest Dade, FL

In the state of Florida, for first time DUI offense, the probationary period required is one year. This probationary period can actually be significantly shortened with the help of your son’s DUI lawyer. Other sentencing would include $250-$500 in fines, a minimum of 50-hour community service, attending DUI School and driver’s license revocation. Possible other sentencing may include attending alcohol treatment sessions, attending vehicle impact panel (VIP), paying restitution for any damages resulting from the DUI, an apology letter to the arresting officers and commitment to “abstain” from alcohol for the period of the probation.

The remainder of the probationary period would consist of nothing more than meeting once a month with the probation officer to discuss any new arrests or charges that may have incurred. It will be the lawyer’s job to apply for the early termination after 6 months. Usually, judges are very considerate of early termination. Probation officers are overloaded with cases; thus, releasing an individual who has responsibly paid their debt to society is generally not a problem.

Tags: DUI lawyer

Reader’s Question:

I want to know how many days do I have to pay my ticket and attend a traffic school for my DWI conviction in Florida?

Kylie

Lakeland, FL

In Florida State you have 30 days to pay the ticket and contact the Clerk of Courts in the county where you received your citation for a DWI offense. You must either pay the fees, request for an extension or inform them that you are going to court to fight your case. I recommend that you take the traffic school first before paying the fines that will permit you to pay your traffic ticket (less 18% discount) and provide a copy of your traffic school certificate of completion to the court as a completed package.

However, the State of Florida does permit you to pay the ticket first (less 18% discount) and then you will get an additional 30 to 60 days to go to a traffic school, depending on which county you received your citation. I strongly encourage you to check with the Clerk of Courts in that county to find out the time you are permitted after paying your ticket.

After you pay your ticket you have 60 days in some counties and 90 days in other counties to complete your course and submit your certificate of completion. For verification of compliance, check with the Clerks office in that county. After you receive your certificate of completion of the traffic school course, you must show proof of completion to the Clerk of Court’s office in the county in which you received your citation. Remember, if you choose to take a traffic school class and take the 18% fine reduction, you must attend a traffic school and complete the class before your due date.