What do you think is the first thing that I should do to win my case after being arrested for DUI here in Clearwater, Florida?

Chuck

Clearwater, FL

You will immediately feel the effects after being arrested for DUI in Clearwater, Florida. You’ll be required to use a temporary driver’s license for a period of 30 days and during this time, you would have to hire a DUI lawyer and begin building your defense. You have to work with your DUI lawyer and begin building your defense and determine if there are any loopholes in the current law that could benefit your DUI case.

Make sure that the lawyer that you hire specializes in handling DUI cases so that they can find loopholes in your DUI arrest that is specific in the state of Florida. The DUI lawyer would definitely challenge the findings of the breath test and chemical tests for your blood alcohol content. A lot of factors affect a breath test aside from consuming alcohol. Also, urine and blood tests are not a hundred percent accurate. The DUI lawyer will start questioning the testing method when trying to find loopholes in your DUI case. A DUI arrest would also trigger for your car insurance to have higher rates so if you are looking for a better but affordable car insurance, go and get an online rate quote from this website.

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.

We are all saddened for what happened to my brother because he got arrested for DUI in  Florida. How much would a lawyer cost him if he hires a private one?

Edward

Boca Ciega, FL

How much your brother would pay for a lawyer to help him on his DUI case in Boca Ciega, Florida would depend on too many factors to list here. Proper defense for DUI cases would involve a great deal of valuable time and effort so do not expect a low price. If your brother wants the lowest-priced lawyer, he could find to hold his hand as he pleads guilty, the phrase “you get what you pay for” would come to mind. I’d be honest that if you get a cheap lawyer, he would probably show up in court and plead your brother out, but could not do anything to build up defenses that could help your brother win his DUI case.

In other words, if your brother could afford one, a good private DUI lawyer is absolutely the way to go, but get ready to pay because it would really not be cheap. He could consider a few private DUI lawyers and all of them charge between $4000 and $6000 for a pretrial retainer. If he is not prepared to pay for this range, then he could save his money and try to go with a public defender. But that would be not a good idea at all so I suggest he finds a way to hire a qualified DUI lawyer. After all, an experienced DUI lawyer could really help him a lot on his DUI case.

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.

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.

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.

My sister was charged for DUI in Fort Lauderdale, Florida. She just recently reached the legal age of drinking alcohol which is 21 years old. Yet, she already started abusing that privilege. What are the things that she need to know following her arrest?

Ernest

Fort Lauderdale, FL

DUI is a violation under the Florida law so offenders can be arrested and penalized. If an individual is convicted of DUI in Florida, it would mean a permanent criminal record, fine, loss of license, vehicle immobilization, community service, higher insurance rates and may be even imprisonment. It would be best for your sister to consult a good DUI lawyer since she was arrested for DUI in Fort Lauderdale, Florida so that it help her lessen the jail term or even stop it.

There are some formalities after a DUI arrest. A formal Motor Vehicle Hearing can requested 10 days after the license has been confiscated. This hearing is very critical because at stake here would be loss of the temporary license as well (a temporary license is usually given until the hearing). The next stage to undergo is the Arraignment which can take place within 30-60 days after the arrest. This is basically for the advisement of rights and your sister doesn’t have to attend in person if she has a lawyer. The next stage is the suppression hearing which occurs between six weeks and three months after the pre-trial. After the plea is submitted, the trial is generally held within six months. The final stage would be acceptance of a plea bargain or sentencing after a conviction.

My daughter was charged with DUI here in Florida for the first time. I was told that most of first time offenders don’t hire a DUI lawyer to represent them in court? I would still want to hire one for my daughter to make sure that she can have all the help she can get. If we will be hiring a DUI lawyer, how much does a Florida defense cost?

Jana

Hollywood, FL

DUI is a grave offense in Florida and could be considered as an offense or traffic crime or even felony in some cases. An arrest under DUI may mean having an everlasting criminal record, loss of license, fines, community service, vehicle immobilization, higher insurance rates and may even include imprisonment.

Several official procedures are involved when arrested for DUI. Individuals could hire services of a good DUI lawyer under these circumstances who would be able to provide good defense and prevent or minimize conviction charges. These lawyers are familiar with procedures for breath tests, urine analysis and blood analysis. They will guide their clients through such procedures with minimum discomfort.

Don’t be surprised that services from an efficient and expert DUI lawyer may generally come at a price. It is often seen that many high profile DUI lawyers charge exorbitant fees for defending their clients. Years of experience and confidence of winning the case lead them to charge such high rates. To give you a general idea on the cost of a Florida DUI lawyer, it could range from $500 to thousands in case if a repeat offense.