Reader’s Question:

I was convicted for DUI here in West Palm Beach, Florida and I wanna get my driver’s license back. I was told that my DUI conviction would affect my auto insurance. What would be the effect of DUI to my auto insurance and how can I get my license back?

May
West Palm Beach, FL

Before you could be able to get your driver’s license back or maybe apply for a hardship license after your DUI conviction in West Palm Beach, Florida, you would have to have a proof of vehicle insurance. This would be the SR22 auto insurance which is a vehicle liability insurance document required by the Department of Motor Vehicles (DMV). The SR22 would provide proof that you have the minimum required liability insurance coverage in the State of Florida.

The SR22 auto insurance may be difficult to obtain because many insurance companies would not grant you a policy after your DUI conviction. If you are currently insured, your insurance company may even drop your policy if they find out about your DUI conviction. Some companies do offer SR22 auto insurance coverage under an insurance policy but you could expect to pay high premiums for the policy. But don’t fret and don’t waste time thinking how you could be able to get a new insurance policy which would include the SR22 auto insurance coverage. Get an online rate quote now from an insurance company in Florida which you could see at the top page of this website.

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

Reader’s Question:

I have a DUI conviction here in Deltona, Florida and I wanna be able to travel to Canada. Will I be able to enter that country, what about other countries? Please tell me the best thing that I should do so that I can travel abroad.

Kaye

Deltona, FL

If you have a DUI conviction in Deltona, Florida, you are facing problems if you want to travel outside the United States. You could face special fees or be refused admission in Canada if you’ve been convicted for DUI. If it has been less than five years since the termination of your sentence, you should apply and be granted a Temporary Resident Permit before you will be granted entry to Canada. If five years has already passed, you could apply for a Minister’s Approval of Rehabilitation. If and when that is granted, your inadmissibility status as a result of your DUI conviction could be permanently removed.

The best thing for you to do now is to contact a Canadian Visa Office or a lawyer for further information regarding the application process for permission to enter Canada. Even if the laws of most countries concerning criminal convictions and eligibility for admission are not as strict as Canada, you must always take time to research such laws when making plans to travel outside of the United States.

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

Reader’s Question:

We are finding police mistakes so that we can use it as a defense in my DUI case in Boynton Beach, Florida. What are the things that police officers should do or say during a DUI arrest?

Jayda

Boynton Beach, FL

Police officers are required to follow certain procedures during the course of a DUI investigation. Failure of the police to do so could lead to the dismissal of your DUI case in Boynton Beach, Florida. What we usually refer to as “loophole” or “technicality” with your DUI defense is actually a way of using the constitution to protect your rights. An experienced DUI lawyer has spent years in developing techniques that are designed to dismantle the toughest DUI cases.

There are certain things that police officers do or say that could dramatically impact the outcome of your DUI case. First off is with regard to the DUI stop wherein the police officer should have a probable cause to pull you over. The officer should also observe you for 20 minutes prior to administering the breath test. Another police mistake that can be used as a possible defense in your DUI case is if the officer failed to tell you that your driver’s license would automatically be suspended if you refused a breath test. The officer should have also conducted the field sobriety tests on a surface that was flat, dry and well-lit. All of these and more, if proven by your DUI lawyer, could be very significant in your DUI defense.

Tags: breath test, DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

Field Sobriety Tests have a bad reputation here in Carol City, Florida that they are not really reliable indication that a person had been drinking before driving. Are there any kind of field of sobriety test that has been validated and has there been any guidelines that have been set up to administer these tests?

Eileen

Carol City, FL

Field sobriety tests (FST’s) are divided attention tasks which are designed to assess mental and physical capabilities a person needs to safely drive a car. FST’s include short-term memory, information processing, balance, steady and sure reactions, coordination of limbs, judgment and decision making, small muscle control and clear vision. A good FST would combine any two or more of these capabilities simultaneously. It is said that it would be reasonably simple for the average non-intoxicated person to perform the FST’s.

There are three FST’s that have been validated as reliable indicators of intoxication by the National Highway Traffic and Safety Administration (NHTSA) and guidelines have also been set up to make these tests more accurate, but still, they are not 100% accurate. Police officers in Carol City, Florida commonly use these three tests which are called standardized FST’s to people who are suspected for DUI. These tests consist of the Horizontal Gaze Nystagmus tests, Walk & Turn test, and the One Leg Stand test.

Tags: drunk driving laws, DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I know that my sister’s DUI charge in Southwest Orange, Florida is something that she has to be serious about. I’ve read that the breath test is not 100% accurate and I have my own thoughts about it. How can we exclude the results of the breath test as evidence on her case?

Daphne

Southwest Orange, FL

The use of breathalyzers such as the intoxilyzer to measure one’s blood alcohol content has been widely criticized since law enforcement has utilized the device in an effort to seek convictions for those suspected of DUI. Because of that, a lot of safety measures have been put into place to minimize the number of innocent people who are being convicted. There are a lot of reasons that the court could rule in favor of excluding the results of the breath test in your sister’s DUI case in Southwest Orange, Florida.

The breath test machine needs to be maintained and serviced regularly to ensure accurate results. If it is not calibrated or serviced, that could be a ground for suppression of evidence. Likewise, if the officer did not observe your sister for a period of 20 minutes before administering the breath test, the results may be excluded. If the one who carried out the test is not properly certified and not current with his/her educational requirements, this would constitute a failure of legal procedure and any results acquired should be excluded from the evidence.

Tags: advice, breath test, DUI, DUI lawyer

Reader’s Question:

My driver’s license has been suspended because of my DUI charge here in Davie, Florida. I plan to apply for a hardship license so that I can still drive to and from work. When can I apply for one and how can I obtain it?

Cale

Davie, FL

Since your driver’s license has been suspended because of your DUI charge in Davie, Florida, you may be able to apply for a hardship license after 30 days of suspension. You can either get a “Business Purposes Only” hardship license which would give you driving privileges limited to any driving necessary to maintain livelihood which includes driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes or “Work Purposes Only” hardship license which would give you driving privilege restricted to employment purposes that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

For you to get a hardship license, you must enroll first in a DUI School. Then you have to take your receipt or proof of enrolment to any Administrative Reviews Office where you live and fill out the application for a Florida hardship license and pay the required fees. They will review and accept your application for hardship license if you have satisfied all documents and application requirements. You have to complete your course for DUI School within 90 days and turn in your Certificate of Completion.

Tags: DUI, DUI lawyer, DUI school

Reader’s Question:

I’ve been a victim of drunk driving negligence here in Tallahassee, Florida. I’ve been told that in Florida, I can also demand compensation for damages to the establishment (some bar here in Tallahassee) who served alcohol to the accused, is this true?

Margus

Tallahassee, FL

You’re correct, this is also known as the “dram shop law.” Under Florida state drunk driving laws, a victim of drunk driving negligence can claim compensation from facility or establishment that have served the alcohol to the accused. This law applies generally those establishments who has obtained license to serve liquor and have been found guilty of serving a minor, someone already clearly intoxicated or with an alcohol addiction. The victim (Plaintiff) or the attorney representing the plaintiff must be able to provide clear evidence to the jury and has to meet certain qualifications for this law before they can go after the said facility.

It might be interesting to note that some state also have the same law in place. If you are placing a lawsuit against the said establishment in Tallahassee, Florida involved in your case, you need to be aware that some bars, restaurants and hotels might have extensive liquor liability insurance policies protecting them. It will be to your advantage to hire an experienced DUI attorney, preferably in Tallahassee as well, to handle this for you since they would already have a good idea of how to deal with these insurance companies. A good attorney should be able to tell you if your case is fit for court, file all appropriate complaints and pilot you through the lengthy and often-complicated trial itself.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I haven’t been actually arrested for DUI but I’m afraid someday that I would just be asked by an officer here in Sunshine Parkway, Florida to stop because he might think that I am drunk driving. How can someone be asked to stop under a DUI suspicion?

Alton

Sunshine Parkway, FL

If a police officer suspects that he has observed a drunk driver while on a routine patrol, he/she would look for the usual manner of behaving while intoxicated like driving too slow or too fast, crossing the center line, weaving, etc. or he might look for a moving traffic violation that would serve as a “probable cause.” This could be the reason why a police officer would follow a suspected intoxicated driver at a safe distance to observe the driver’s pattern to assess if his/her opinion that he/she has spotted someone intoxicated may be correct.

Police officers would develop reasonable suspicion” that a driver is impaired after observing the vehicle from behind. The officer would likely witness a traffic offense, witness a traffic offense pull over the vehicle and investigate their suspicions. If you will be asked to stop under a DUI suspicion in Sunshine Parkway, Florida, the officer should have probable cause to stop your vehicle. After pulling you over, the police officer should conduct an investigation to prove his reasoning for the stop, and that would be his/her proof of probable cause. This proof would be evidence or physical signs indicating intoxication.

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

Reader’s Question:

My DUI charge in Brandon, Florida may not be worth fighting for because they say that most people accused of DUI are guilty. I’m afraid that I might be found just that in the end. Is it true that being charged with DUI is already just as good as a conviction?

Madelyn

Brandon, FL

If someone is arrested, many people unconsciously assume that, “they must have done something against the law.” This assumption is most especially widespread when it comes to DUI cases. Let set the record straight that even though it is very understandable why someone might feel this way, this is not the way the law really works and it is definitely not the way the law should work. Being arrested and accused for DUI is not already a conviction. If you have been accused for DUI, no matter what your situation may be, you have all the right to the fairness, justice and protection that the American legal system guarantees.

Do not ever think that your DUI case in Brandon, Florida cannot be won. Most people accused of DUI mistakenly hold the belief that they will just end up losing their DUI cases. That is because they don’t know their rights so they just end up pleading guilty to their DUI charges when they should have fought the weak evidence against them. So do not give up without even putting up a good fight.

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

Reader’s Question:

My first instinct is, of course, to fight my DUI case here in Miramar, Florida but my primary concern is the lawyer fees. I’m just curious to know, what would it cost me to hire a DUI lawyer?

Pierre

Miramar, FL

Lawyer fees vary widely according to their level of experience. You could find a general practitioner in Miramar, Florida that would charge you as little as $1,500 and a well known expert in Florida DUI law may charge you $10,000 or more. Lawyer fees actually depend on the complexity and seriousness of your DUI case. In general, it would make sense to hire the best DUI lawyer you could afford. It could be risky to hire a DUI lawyer just because they are cheaper. DUI laws are very complicated and an experienced DUI lawyer will identify issues that can help you right away.

There are also some issues that need to be considered by DUI lawyers in determining their fees and one of these is the experience that the lawyer has in successfully fighting Florida DUI charges. You also need to take note if your DUI offense is a misdemeanor or a felony (a first or second DUI is a misdemeanor). If there are alleged prior convictions, the procedures for attacking them could add to the cost. Take note also that a first DUI offense would be less expensive than a second DUI offense.

Tags: DUI, DUI cost, DUI lawyer