If we plea bargain for my DUI case here in  Florida, how can I determine the length of time I would have to spend in a DUI program or school?

Dario

Hialeah, FL

If you will be convicted for your DUI charge in Hialeah, Florida or if you bargain a plea, your sentence would probably include a combination of classes and group therapy. Depending on the type of your DUI conviction, the length of time of the DUI program would vary. But before you agree or request for a program, you must learn more about your options. You have to read your plea bargain or sentencing agreement because you would find most of the information about the length of your program right there. The standard classroom requirements would be 30 to 42 hours and your entire program, including therapy, may stretch more than a year.

You can call the program you’re interested in to find out the length and price of the course. You may be assigned to a particular facility or they’ll let you choose. You can also check with the court or county clerk’s office upon the completion of your DUI program to verify that you completed all the necessary steps, paid any outstanding fees and filed the needed paperwork to close out your program. Aside from the DUI program, you also have to worry about your car insurance so don’t forget to get a quote from this website in case you need a new provider.

If I lose my drivers license because of the DUI conviction can I have my new vehicle insured in Brandon, FL while my drivers license is suspended so others may be able to use it?

Carol

Brandon, FL

I do not think it is possible (or may be hard) to have car insurance in Brandon, Florida while your drivers license is suspended. Once an insurance provider finds out that your drivers license is suspended, typically your car insurance policy is canceled.

If there is another individual that has co-owns or registered the new automobile with you, that person might be able to obtain auto insurance under their name for the vehicle until your driver’s license is reinstated. If not then the finance company can put a “force” insurance, in which they take out insurance on the vehicle to protect their asset which is the car but it might not be enough for the coverage of others driving the automobile.

If you are able to obtain a restricted driver’s license, while still serving your penalties for the DUI charge, then an insurance provider normally will be able to insure you and your automobile.

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.

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.

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 enrollment 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.

My DUI charge in 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.

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.

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.

My brother was charged with DUI here in Florida just recently. I kept on telling him not to drink and drive but he never listened. Anyways, we want to do everything to get him out of this but we are actually worried about the expenses especially in hiring a DUI lawyer. Is there a need for us to hire a lawyer at this point?

Marsha

Kendale Lakes-Lindgren Acres, FL

There are several reasons why you should hire a DUI lawyer to defend your brother on his DUI case in Florida. Primarily, a DUI lawyer would know a person’s legal rights in regard to the specific charge. Thus, a lawyer could be able to help prevent your brother from self-incriminating himself or any other mistakes he is likely to make.

If the charge is a serious one, which we hope not, a good DUI lawyer would know how to defend your brother in court. He needs the experience of a good DUI lawyer because they understand how to talk to prosecution, juries and judges. Given their years of legal experience, they know the law far more thoroughly than your brother will.

You have a valid point to think that a DUI lawyer may be expensive. This is because of the value they provide a person suspected of DUI. A few fortunes that you would have to pay the lawyer can be in exchange of serving time in jail, driver’s license restriction, community service, etc. Hiring a DUI lawyer could actually be a good investment on your brother’s part.