I think all lawyers are expensive, so why do I need to hire one for my DUI case here in Florida?

Margarette

Orlando, FL

There are particular legal formalities to be embarked since you are charged with DUI in Florida. For that reason, you need the help of a lawyer who specializes in these cases. A DUI lawyer can give you assistance in knowing your legal rights from the time of your DUI arrest. He/she can go over the details of the DUI case, take care of court procedures and find out your status on the case. The DUI lawyer can also negotiate on your behalf for a case settlement and aid you by going over the driver’s license suspension a few days following your DUI arrest. He/she can also aid you with taking rehabilitation programs and even request the court for leniency since you are changing your ways.

DUI lawyers in Florida are typically knowledgeable in all the procedures such as the breath test, chemical tests, etc. Your entire defense could be based on the results of these tests if they are favorable for you. They can also build your defense by studying the environment and road conditions at the time and place of your DUI arrest and any other things that could have an effect on your field sobriety tests. Lawyers could efficiently study your DUI case to see any loopholes, run independent chemical analysis of your blood sample, inspect the calibration and maintenance records of the breath-analyzing machine, get reliable witnesses and suppress evidence to give you the best defense on your DUI case.

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 understand this formal review hearing that my daughter has to go through after being charged with DUI in Florida. Could you please explain to me what that is and what it has to do with the DUI charge?

Dan
Spring Hill, FL

One thing your daughter has to be concerned about is saving her driver’s license after being charged with DUI in Spring Hill, Florida. A formal review hearing would be run by the Department of Motor Vehicles. This would be the only opportunity for her to get her license back after being charged with DUI. If she blew a 0.08 or greater on the breath test machine due to suspicion of a DUI, her driver’s license would be suspended for a period of six months. If she refused to provide blood, breath or urine test when she was asked to, her driver’s license will be suspended for 12 months and if this is her second refusal for the blood alcohol test, her driver’s license would be suspended for 18 months.

Your daughter definitely has the chance to get her driver’s license back as if it was never suspended after a DUI charge and this is through winning the formal review hearing. She only has 10 days from the date of the DUI arrest to request for the formal review hearing.

We are finding police mistakes so that we can use it as a defense in my DUI case in 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.

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.

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.

My cousin was arrested for a DUI charge in Florida. He refused to have DUI tests. What are the consequences of his decision for test refusal?

Justine

Tallahassee , FL

Your cousin may be in trouble. The Florida DUI law requires that the license be suspended on the day of the arrest for one year for the first offense and 18 months for any consecutive offenses if he refuses to submit to a urine or breath test. He will be given a 10-day permit on the arrest date and when it expires, he must serve 90 days of suspension before he is eligible to apply for a hardship license on the first suspension. If he refused to submit two or more times, no hardship license is permitted. For consideration of a hardship license, he must provide a proof of enrollment in a DUI School to the Administrative Reviews Office. If he will be given approval to reinstate early for hardship license, he must present this approval to the driver license office.

Whether for a hardship license or a full license, at the time of reinstatement, he must take the required examination and pay $115 administrative fee, $35 reinstatement fee and any license fee required. Proof of liability insurance on the day of arrest or proof of liability coverage and a $15 reinstatement fee will be required under Florida DUI law.

What can a lawyer do with my DUI case in Miami Florida if I plan to hire one?

Tommy

Thank you for asking Tommy.

You can get a free consultation with a lawyer to discuss your options after a drunk-driving (DUI) charge and ways to avoid a license suspension. Miami Florida lawyers with experence and those that specialize in DUI cases may be able to discuss all issues involved in your case, including:

* the reliability of Breathalyzer tests and other field sobriety tests
* the effects refusal of a breath test
* negotiating a plea bargain and the effects of pleading guilty
* drunk driving (DUI) in combination with other traffic violations
* whether there was probable cause for a traffic stop when you were pulled over for drunk driving
* getting a temporary license or work license if your license is suspended

You may check online to check some DUI Miami Florida lawyers for free consultation on your case.

Goodluck!

MariCAR