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

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

I was arrested for DUI in Palm Beach, Florida at a DUI checkpoint and I am still confused about the legality of this kind of checkpoint. Does the law really allow this kind of a traffic stop?

Brian

Palm Beach, FL

DUI checkpoints are extensively used by law enforcement officers around the country today. At present, the law is clear on the use of these DUI checkpoints. The US Supreme Court has recognized that the stopping of motorists poses an intrusive burden on citizens and consequently law enforcement must adhere to a strict set of guidelines when conducting the DUI checkpoints.

DUI checkpoints are found to be constitutionally permissible even though there is a significant degree of intrusion upon motorists due to the fact that their implementation is said to advance the State’s interest; that interest being to stop impaired drivers and remove them from streets and highways. But failure to comply with the guidelines as laid out by the US Supreme Court and Florida DUI law would render any evidence following a stop at one of the DUI checkpoints inadmissible. If this is the case, it would result in a dismissal of your DUI charge in Palm Beach, Florida.

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

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

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

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

I have been arrested for DUI before here in Kendall-Perrine, 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.

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

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.

Tags: DUI, DUI advice, DUI lawyer

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

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