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 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 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.

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.

A friend of mine was charged with DUI here in Florida. He had a reading for blood alcohol content which is below the legal limit. Why was he still charged with DUI? Can they really do that?

Anne

Coral Springs, FL

In Florida, drunk driving is becoming a very grave situation where authorities involved in enforcing laws are finding it a very big challenge.

A motorist can be charged with DUI if he/she was stopped while driving with blood alcohol content (BAC) of 0.08 percent. In, Florida you will be penalized for the offense if your BAC is above the legal limit. The current penalties would include fines between from $250 and $1000 depending on whether the offense is the first one or a repeated one. The offender can also have a jail term which is a minimum of 6 months to a maximum of 30 years, if vehicular homicide is involved. Vehicles can also be impounded and licenses suspended by the authorities. The court orders a mandatory 50-hour community service for the accused in most of the convictions.

The state of Florida can actually charge you with DUI with a BAC below 0.08 percent. The BAC is determined either by blood or breath test. If you are impaired of have a BAC of above 0.08 percent, you will be charged with DUI. In your friend’s case, he is considered as an impaired driver with a BAC below 0.08 percent. That’s why he was still charged and can be convicted. Impairment is based on the police officer’s of behavior of the driver in general, the Field Sobriety Tests, any video, etc. In other words, any driving after drinking or taking drugs puts anyone at risk for the DUI.

I’m doing a research regarding DUI in Florida and I’m gathering much information as I could. Does a Florida conviction mean a permanent criminal record? How long will a person convicted for DUI spend time in jail?

Alice

Clearwater, FL

A Florida DUI conviction would mean a permanent criminal record. That would also mean fines, loss of license, community service, vehicle immobilization, higher insurance rates and may be even imprisonment. Punishments actually vary depending upon the number of times the person was convicted under DUI. 2nd, 3rd or 4th convictions means bigger punishments like bigger fines, permanent disqualification from driving/permanent license revocation and longer jail terms.

Probation could also be given for DUI under Florida State Law. For first conviction, the maximum period of probation is one year. Regarding jail time, first conviction would mean a maximum jail term of 6 months. If the blood alcohol content (BAC) is above .20 percent or if there’s a minor in the vehicle, the jail time is for nine months. The maximum term for second conviction is nine months. If the blood alcohol content (BAC) is above .20 percent or if there’s a minor in the vehicle, the jail term is for one year. However, there would be a mandatory imprisonment of a minimum of 10 days if the second conviction is within 5 years.

Mandatory imprisonment is given for a minimum of 30 days if the third conviction is within 10 years. The imprisonment is for 12 months if the third conviction occurs more than 10 years after the prior conviction. Fourth or subsequent convictions have a maximum jail term of 5 years.