Posts Tagged ‘Florida DUI Law’
Friday, November 25th, 2011
Florida drivers pulled over for suspected DUI are faced with a Catch-22. You may be asked to perform field sobriety tests and a preliminary breath test at the scene, which you may refuse. However, you will be taken to the station or a medical center and given a second test. While you can again choose to refuse (except for narrow circumstances involving accidents with injury), Florida’s implied consent law means that your refusal will have significant adverse consequences. The state will summarily suspend your license for a year the first time you refuse and for 18 months for each refusal after the first. These suspensions are in place even if you are found innocent of any DUI charges. If you do consent and have a blood-alcohol content (BAC) of .08 or greater, however, you will have your license suspended for a minimum of 180 days. Our experienced Florida criminal defense lawyers have helped people just like you protect their driver’s license and stay out of jail.
The Florida Uniform Traffic Citation, the yellow ticket you were given at the time of your DUI arrest, counts as a temporary license. Your Florida driver’s license will be taken at the time of a DUI arrest, but the ticket will function as a temporary license for 10 days. This permit allows you to drive for employment or business. Generally, it is permissible to drive to work, your attorney’s office, the store, court or the like, but discretionary trips, which are merely for leisure purposes, are not permitted. During this narrow 10 day window, it is imperative that you file an application for a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
This administrative hearing permits you to challenge your license suspension’s legality and seek reinstatement of your driving privileges. Unless you have other legal or administrative issues with your license besides the DUI suspension, the DHSMV will extend your work-only license an additional 42 days and schedule a hearing for some time in the coming 30 days. If you do not file for a hearing, you will be unable to drive for at least the first 30 days of the administrative suspension. You may enroll in an approved alcohol abuse education program and apply for another temporary work license. A refusal to submit to a formal chemical test means that you must wait 90 days before applying for a work-only license. Subsequent refusals make you ineligible for a temporary work license.
Before the administrative hearing, you (or your attorney, ideally) should prepare a statement and subpoena any witnesses you need, including the police officer. The administrative hearing can be used to challenge whether the officer had probable cause to stop you and whether or not you were over the legal limit unless you refused the test. If you refused, the main issue will be whether the police officer informed you of the consequences of a refusal on your driving privileges. It is virtually impossible to prevail at the administrative hearing without an experienced Florida DUI defense attorney. An experienced DUI defense lawyer will carefully investigate the circumstances of your case so that he or she can protect your license. The attorney will also use the hearing to begin developing a defense strategy to your DUI case.
Tags: Administrative License Suspension in Florida, DUI lawyer in Florida, Florida DUI attorney in Florida, Florida DUI Law, Florida DUI law firm
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Thursday, November 24th, 2011
A person is out drinking and decides to allow someone else drive home. This is a good decision that makes the driver and others on the road safer because it means the driver does not drink and drive. This is exactly what we want to encourage drivers to do and should protect a driver from the risk of a DUI arrest … well maybe not. An alarming DUI case out of Japan may foreshadow where aggressive legal campaigns against drunk driving may be headed in the U.S. Two passengers who had accepted a ride with a driver who had been drinking and was involved in a fatal accident were convicted and sentenced to two years in prison. This case has already caught the eye of a number of drunk driving activist groups who see it as a way to force passengers to take affirmative steps to keep drivers they know have had too much to drink off the road.
The judge in the Japanese case reasoned that when the two passengers accepted a ride with the intoxicated driver they encouraged the driver to drink and drive. This encouragement was treated as “aiding and abetting” the crime of driving under the influence. While dram shop laws exist in may states that permit civil liability to be imposed on a social host or business (i.e. bar or restaurant) that serves alcohol to an obviously intoxicated person who causes injury in a drunk driving accident, the decision by the Japan court goes much further. It imposes criminal liability, which is why the passengers received a prison sentence.
The court also seems to have stretched the law in terms of “aiding and abetting” a DUI offense. The passengers did not actually encourage or persuade the driver to drive but merely accepted a ride from a person who already made a decision to drive. This is a frightening development because it could pave the way to imposing criminal liability on others who drink and drive where the person charged had no role in the driver becoming intoxicated nor his or her decision to drive. Criminal liability in the U.S. usually is not imposed for mere inaction where the risk of injury to another was not in some way created or set in motion by the person charged.
While no state including Florida imposes liability on passengers whose only alleged criminal act is to accept a ride with a driver who has been drinking, MADD and other drunk driving groups are already touting this decision as a guide for future drunk driving laws in the U.S. The sad reality is that this type of law punishes people for doing exactly what they should do, specifically not getting behind the wheel of a car if they have been drinking. One has to wonder how a law like this would work given that even experienced police officers cannot tell for sure if someone is over the legal limit so it is unclear how the average passenger in a vehicle can be asked to make this determination. If you or someone you love has been arrested and charged with drunk driving, our experienced Florida DUI lawyers will carefully investigate your case to develop the strongest possible DUI defense.
Tags: DUI lawyer in Florida, Florida DUI attorney in Florida, Florida DUI Law, Florida DUI law firm
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Wednesday, August 17th, 2011
College students in Florida face serious potential damage to their education and future career when they suffer an arrest for DUI. The reality is that partying and alcohol are a way a life to many Florida college students. Unfortunately, the penalties associated with a DUI conviction in Florida and the other penalties that can accompany such a conviction may result in long-term adverse consequences on one’s academic and occupational opportunities. Because of the growth in publicity involving alcohol related incidents on college campuses, may universities and colleges in Florida and across the country are beginning to impose their own penalties on those convicted of drunk driving.
The penalties being imposed by colleges and universities cross a broad spectrum. The most innocuous penalties involve parental notification and enrollment in an alcohol treatment program. More severe penalties may include academic probation, suspension or expulsion. A conviction for driving under the influence of drugs or alcohol may also impact your ability to obtain student loans and grants. A DUI conviction may also result in suspension of your driver’s license, which can be quite difficult for a college student who may be hundreds of miles away from home while attending college.
If you child is accused of DUI when away at college, the geographic distance can make it difficult to provide prompt advice and guidance to your son or daughter. It can also make it difficult to meet with and retain a local Florida DUI defense attorney to represent your child’s rights and future. We know that college students are often living away from home for the first time in their life and testing limits. It is important to retain an experienced Florida DUI attorney to represent your college student charged with DUI so that a youthful indiscretion does not haunt your son or daughter attending college out of state in Florida.
A Florida DUI conviction while your child is attending a Florida university and college student can also impact your child’s career after college. With the economic challenges facing current college graduates, a DUI conviction is a devastating additional obstacle to overcome. A DUI conviction may need to be disclosed on employment applications and prevent professional or occupational licensing. Florida is filled with universities and colleges including the University of Florida, Florida State University, University of Central Florida, University of Miami just to name a few examples.
If you or your child have been arrested and charged for DUI in Florida, our experienced Florida DUI college student defense attorneys are committed to helping college students protect their academic and professional future. We have represented many Florida college students just like you who found themselves arrested for DUI after a college party. Our experienced Florida university DUI defense attorneys offer a free case evaluation so call us today to see how we can help.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI law firm to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida DUI Law, Florida DUI Lawyer, Florida DUI Lawyers
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Monday, August 1st, 2011
State in section 327.35 of the Florida stature, boating or driving any vessel in a body of water applies to being a designated driver. When driving a boat, the same rules apply similarly to those that driver’s and citizens must obey while on the roadways. Like driving, those who have a blood alcohol content (BAC) level higher than .08 or equal to that of, you can expect a possible conviction of driving while under the influence of alcohol, or even other substances if applicable. Just like a normal DUI stop, police will investigate the imparities of such a driver.
In other words, a field sobriety exam could possibly be administered on a boat of and administered by a law enforcement entity even in the water. The difference between the roads versus the water is the number of pedestrians at risk. Florida’s tourism board uses not only the manufactured tourist attractions such as those in Orlando, but also the state’s natural beauty. The beaches as well as other areas such as the Everglades, all bring in thousands upon thousands of tourists not yearly, but monthly. To continue the revenue that the tourism brings, it is extremely important that Florida government entities as well as private citizens display proper, safe boating rules when in the waters of Florida.
If an individual is “boating while under the influence” of alcohol or drugs, a fine and a possible jail sentence can be expected. Those receiving their first conviction will pay a fine between the amounts of $250 to $500. However, if it is a repeated conviction you will be expected to pay a fine between $500 to $1000. The jail time an individual faces if convicted of the crime can be up to six months for those receiving a conviction of this crime for the first time, or up to nine months for a second. When operating a boat or any motor vehicle for that matter it is just like baseball “3 strikes your out!” except it is 3 strikes, felony charge.
In addition to the numerous fines and jail time the individual will face, the possibility of a substance abuse or rehabilitation services will sometimes not only be suggested, but required by the Florida court of law. Inevitably, the safety of not only Florida citizens, but others visiting the fair state, are not only the responsibility of the Florida law enforcement, but also the citizens of Florida to ensure a future, thriving state.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida BUI, Florida DUI Attorney, Florida DUI attorneys, Florida DUI Law
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Tuesday, July 12th, 2011
Under usual circumstances within a DUI arrest, the influence the driver is allegedly either consumed while behind the wheel of a vehicle is alcohol. Driving irrationally or showing little control or care, such as swerving between lanes and medians, or driving at a much lower than any posted area speed would lead officers to respond to the situation by conducting an investigation or the driver and the vehicle. A DUI investigation typically makes the driver submit to a sobriety exercise, which evaluates his balance and response within the performance of the exam. However, sometimes officers tend to over exaggerate or overestimate the level of intoxication the driver actually has during the field sobriety test. Under usual circumstances, a breathalyzer will be administered to the driver to test the actual Blood Alcohol Content (BAC) showing how much alcohol is present in the driver.
Urine or blood samples may also be requested by officers to test the authenticity of the presence of alcohol within the driver. Urine samples are usually the more popularly requested test, which shows all intoxicants, including alcohol. Blood samples usually administered as a test when it comes to tracing alcohol content within the blood. Urine sample requests also help find the use of non-prescribed medical drugs such as pain pills, sleeping aids, or even illegal drugs such as cocaine, or marijuana.
However, in some cases it may be hard and depending upon the suspect, sometimes extremely difficult to obtain a breath sample of the driver, which from there prosecutors or police officers depend on a blood samples results to help draw conclusions on prosecution or not. However, there are a number of procedural guidelines the state must follow in these rare, specific cases. A blood draw is a practical, fast method for asserting whether the driver of a vehicle was intoxicated if they have passed out from an accident and being taken to a hospital via ambulance. Blood draws are not required unless the cooperation of the driver is unattainable and escalates to violence.
A Blood Sample result is considered by many all over to be a more accurate reading of a person’s alcohol intake rather than that of a breathalyzer, which is also more accurate than that of a urinalysis, in that it also detects whether a substance was acting as an intoxicating cause. A urinalysis one reads and displays what is present within a person’s body, however it does not show what is present within the bloodstream.
Call our 24/7 Florida DUI helpline toll free at (800) 687-2252 to speak with a Florida DUI attorneyin your area to discuss the facts of your DUI case and find an office location near you in order to schedule an in office meeting
Tags: 1st Time DUI Florida, Florida DUI Attorney, Florida DUI Law
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Monday, May 23rd, 2011
The police in the State of Florida are required to have probable cause to make a lawful arrest for DUI. In the case of Mathis v. Coats, 24 So. 3d 1284 (Fla. Dist. Ct. App. 2d Dist. 2010), the driver challenged the trial court’s determination that she was under arrest when she was taken to central breath testing (CBT) (claiming false arrest) and whether the deputy had probable cause to arrest her for driving under the influence (DUI).
The court determined that the driver was under arrest at the scene of the traffic stop because the driver was detained and, after failing to complete the field sobriety tests, handcuffed and involuntarily transported to CBT. The court also concluded that the deputy’s determination that probable cause for arrest existed was reasonable under the circumstances notwithstanding the driver’s explanations for erratic driving, unusual behavior and difficulties performing the field sobriety tests.
Under Pennsylvania law, a lawful arrest occurs when there is: 1) a purpose or intention to affect an arrest; 2) an actual or constructive seizure or detention by a person having present power to control the person arrested; and 3) communication by the arresting officer to, and an understanding by, the person whose arrest is sought of the officer’s purpose and intention to affect an arrest.
Sufficient probable cause to justify an arrest exists where the facts and circumstances allow a reasonable officer to conclude that a criminal offense has been committed. The existence of probable cause requires an examination of the totality of the circumstances. The facts are to be analyzed from the officer’s knowledge, practical experience, special training, and other trustworthy information. Many factors contribute to a finding of probable cause to support a driving under the influence arrest. For example, although an odor of alcohol is significant, it may not be dispositive. Other factors may include the defendant’s reckless or dangerous operation of a vehicle, slurred speech, lack of balance or dexterity, flushed face, bloodshot eyes, admissions, and poor performance on field sobriety exercises. Mathis v. Coats, 24 So. 3d 1284 (Fla. Dist. Ct. App. 2d Dist. 2010).
If an arrest is unlawful because of procedural defects or an officer lacks probable cause for arrest, this may provide a viable defense to Florida DUI charges. A false arrest may even give rise to civil liability against the police. If you or someone you love has been arrested for DUI in Florida, our experienced DUI defense attorneys carefully investigate the facts of our client’s cases so that we can pursue all applicable defenses. If you or someone close to you has been arrested for DUI, we invite you to call us today and learn how we can help.
Tags: Florida DUI Law, Florida DUI Lawyer
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Thursday, May 19th, 2011
The double jeopardy clause of the United States Constitution is an important component of criminal law. It is unconstitutional in essence to retry a criminal defendant for the same offense. This principle may seem very straightforward but can be extremely complex in the context of a driving under the influence. The case of Labovick v. State, 958 So. 2d 1065 (Fla. Dist. Ct. App. 4th Dist. 2007) offers insight into how this relatively simple sounding legal principle can become quite complicated depending on the facts of a particular Florida DUI case.
In Labovick, defendant appealed his conviction for driving under the influence (DUI) manslaughter/failure to render aid and DUI, arguing that convictions for both offenses violated double jeopardy principles, because the statutory elements of DUI were subsumed by the greater offense of DUI manslaughter/failure to render aid.
At the plea proceeding, defense counsel advised the trial court that he objected to any adjudication, conviction, or sentence on the DUI count on double jeopardy grounds. The court held that DUI was a continuing offense for which only one conviction could be maintained for each episode. Defendant never stopped driving his car at any point during what amounted to a single episode. Although separate convictions could lie for causing injury or death to different victims, only one conviction could be maintained for each episode of driving under the influence (DUI). Thus defendant’s dual convictions were barred by double jeopardy. The DUI conviction was vacated.
This example of the applicability of a double jeopardy defense to DUI shows how complex this principle can be based on the specific facts of your DUI criminal case. Labovick did not stop his vehicle and make another trip while still intoxicated so the court concluded that this was a single course of conduct and constituted only one DUI offense. However, the act of causing death and failing to render aid was a separate criminal act and constituted a distinct offense.
In fact, Labovick likely would have faced a separate charge for each victim if multiple victims had been serious injured or killed. This DUI defendant was able to avoid some criminal liability by effectively asserting a double jeopardy defense. What it means is that in the State of Florida only one DUI conviction can result for each episode or incident of driving under the influence. However, the defendant also caused a death and was convicted of DUI manslaughter/failure to aid for the separate and distinct offense of causing a death while driving under the influence.
If you are charged with a DUI offense, the Labovick case illustrates that sometimes the prosecutor may “overcharge” the case. An experienced Florida DUI defense attorney may be able to use a double jeopardy defense to reduce the consequences and challenge such overcharging. If you are charged with a DUI anywhere in Florida, our experienced DUI defense law firm may be able to help. We invite you to call us today.
Tags: Florida DUI Law, Florida DUI Lawyer
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Monday, May 2nd, 2011
Most of us know someone who has been stopped and asked to submit to field sobriety tests, but many people are unclear regarding the circumstances that permit a police officer to request that a person submit to field sobriety testing. Under Florida DUI law, an officer must have “reasonable suspicion” that a person is driving under the influence of alcohol or engaging in or having recently engaged in some other criminal violation to legally request a person submit to field sobriety testing. Unless an officer has reasonable suspicion when he requests field sobriety testing, a subsequent DUI arrest may be illegal. If reasonable suspicion exists, the officer can briefly detain a driver long enough to conduct a DUI investigation. The purpose of a DUI investigation is to confirm whether there is probable cause to support a Florida DUI arrest.
A Florida DUI attorney will carefully investigate a police officer’s alleged factual basis for claiming that he had reasonable suspicion and may be able to have your DUI charges reduced or dismissed if the officer did not have a sufficient legal basis for conducting Field Sobriety Testing.
It usually requires a number of signs of intoxication to satisfy the reasonable suspicion standard and create a sufficient legal grounds of having a driver submit to field sobriety testing. The smell of alcohol on a driver alone is generally not sufficient. The Florida Supreme Court provided guidance on what is required to constitute reasonable suspicion to conduct field sobriety testing. The Florida Supreme Court in State vs. Taylor underscored the following signs of intoxication:
- Loss of balance when exiting vehicle
- Red watery eyes
- Slurred speech
- Odor of alcohol from driver
- High rate of speed prior to stop
The court concluded based on this combination of signs of intoxication that this was “more than enough to provide [the officer] with reasonable suspicion that a crime was being committed [i.e. DUI].” Subsequent courts have added a flushed face to this litany of indicators that may constitute part of the basis for reasonable suspicion to conduct field sobriety testing. Likewise, a driver’s admission that he has been drinking will typically suffice to create reasonable suspicion. It is fairly clear based on Florida court decisions that while the smell of alcohol is not sufficient in itself to constitute sufficient legal basis to conduct field sobriety testing the officer need not observe all of these signs to justify field sobriety testing. Courts have found that a traffic violation combined with bloodshot eyes and the odor of alcohol is sufficient.
Many of these factors are subjective and may be caused by many things other than being intoxicated. Further, most police reports read like a rote recitation of these signs of intoxication. An experienced Florida DUI attorney will carefully investigate the facts of your case, interview witnesses and cross-examine the officer to determine whether the officer really had reasonable suspicion to request you submit to field sobriety testing. If the officer did not have sufficient legal grounds, this may provide an effective defense to your DUI charges, which may lead to dismissal or reduction of your DUI charges in Florida. However, you should NEVER admit to drinking because this will typically justify field sobriety testing making the issue of the legal sufficiency to conduct field sobriety testing unavailable as a defense strategy.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Law Helpline at 1 (800) 687-2252 or search our directory of DUI lawyers in Florida for a law firm near you (by appointment only).
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Tags: Florida DUI Arrests, Florida DUI Attorney, Florida DUI Law
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Thursday, April 21st, 2011
A wet reckless is a common lesser charge that carries less severe penalties than a Driving under the Influence (DUI) conviction. A Florida DUI lawyer will seek to get the charges against you dismissed and may use a number of strategies including challenging the legal basis for your initial stop, the officer’s observations following the stop, field sobriety and/or chemical testing results as well as other procedural issues regarding your stop and subsequent arrest. If it is not feasible in your case to seek a complete dismissal, a knowledgeable Florida DUI attorney will seek to have the charges reduced to a “wet reckless.” A wet reckless is basically a step down from a DUI conviction and has less severe penalties.
Wet reckless is not an offense that a driver is typically charged with initially but merely a charge that may be used in plea negotiations in a DUI case. The charge basically means that alcohol was involved in a traffic violation but does not require that your blood alcohol level (BAC) be .08% nor that sufficient evidence establishes that your driving ability was impaired. An experienced Florida DUI attorney will investigate and analyze police reports, witness statements, field sobriety procedure and results, chemical testing results and more to determine the likelihood of getting your charges dismissed or seeking an acquittal. If based on the specific facts and evidence in your case it is not realistic to have the charges dismissed, a wet reckless can provided a number of benefits:
- Less jail time
- No mandatory suspension of your driver’s license
- No penalty enhancement for prior DUI offenses
- Conviction not a prior DUI for penalty enhancement in future DUI cases
- Smaller fine
- Shorter probation and less time in DUI school
While a wet reckless can result in a significant reduction in a person’s criminal penalties, this does not mean that you should automatically agree to a wet reckless conviction. A wet reckless conviction is still a criminal conviction, which can impact your job, future career, immigration status, professional licensing and your reputation. The best option is to have an experienced Florida DUI defense attorney analyze your situation to determine whether your charges can be dismissed. A wet reckless plea agreement is a good fall back position, but an experienced Florida DUI attorney will seek to have the charges dropped if possible.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
Tags: DUI Conviction in Florida, Florida DUI Attorney, Florida DUI Law
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