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.

I heard my parents talking that the reason why my father got arrested for DUI in Florida is that he has vigilance problems. What does it mean if you say that a driver has vigilance problems and could you give some examples?

Laken

Kendale Lakes, FL

Vigilance simply refers to a person’s ability to notice changes in his surroundings or pay attention to a task. If we relate it to driving, a driver whose vigilance has been impaired by alcohol may forget to turn his/her headlights on when required. On a similar note, drivers who are impaired often forget to signal a turn or lane change, or their signal is inconsistent with their maneuver. An example of this is if the driver is signaling left, but turning right. Alcohol-impaired vigilance could also result in drivers going into opposing or crossing traffic, and turning in front of oncoming vehicles with insufficient headway.

Driving is a very complex task that would require accurate information about surrounding traffic conditions. Failure to yield the right of way and driving the wrong way on a one way street are dangerous examples of vigilance problems. One of these things or any other vigilance problems of a driver probably caused your father to be arrested for DUI in Florida.

I have been arrested for DUI before here in Florida but good thing that the case was dismissed. I’m just curious to know, is a warrant required for the police officer to make a DUI stop?

Zora

Kendall-Perrine, FL

It’s good to know that your DUI case in Kendall-Perrine, Florida was dismissed. In most cases, in order for the police officer to search a person or their automobile lawfully, there must be a warrant supported by probable cause. An example of this would be if the police officer has a strong suspicion that the person they are stopping has committed a crime. In DUI cases, a warrant is actually not required for the police officer to make the initial stop, but the police officer cannot make a stop solely for the purpose of determining whether a person may or may not have been drinking if they have not violated any traffic law. One great example of this is pulling a person over based only on the fact that it is a holiday and people tend to drink on holidays.

It is definitely against the law for a police officer to stop a car in order to determine if the driver can produce a valid license and registration. Along the same lines, the traffic violation must have occurred in the police officer’s presence, which is the requirement for all misdemeanors, except for anonymous report or a tip reporting a drunk driver disregarding traffic laws and pedestrian and driver safety on the road.

My brother is thinking about pleading guilty on his DUI charge here in North Westside, Florida. Does he need a lawyer to plead guilty of DUI?

Flor

North Westside, FL

Your brother does not necessarily need a DUI lawyer if he will plead guilty on his DUI charge in North Westside, Florida. If he will do this, some so-called DUI lawyers can do nothing in reduction to a lesser charge or a break in sentencing. But in all likelihood, I advise that he meet up with a good DUI lawyer first before making a decision on pleading guilty of DUI. A DUI lawyer could do so much that he could ever imagine. He must not make the prosecutor’s DUI case against him easier. That would eliminate the chance the plea will get overturned on appeal, and it relieves them on having to explain your brother’s rights to him.

He must find a DUI lawyer who has a good reputation not only among clients but also among the prosecutors. Incidentally, most prosecutors would admit that those lawyers who have beaten them at trial or those lawyers who have at least put up a good fight on behalf of their clients are both liked and respected by the prosecutors.

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.