Tag Archives: Florida DUI

Handling a Florida DUI Laws & Stop FAQs

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What is required for a police officer to pull me over for Florida DUI?

 

An officer may not pull you over simply because of a “hunch” that you are intoxicated without specific evidence supporting reasonable suspicion that you are engaged in unlawful conduct.  The basis for pulling you over generally will be based on the officer observing unlawful conduct like speeding, driving without lights, running a red light or observing you engaging in unsafe driving practices.  If an officer pulls you over without sufficient legal cause, it may create a legal basis for a Florida DUI attorney to file a motion to exclude key evidence.

 

Do I have to agree to take field sobriety tests?

 

There is no legal requirement that you agree to submit to field sobriety tests.  Generally, these tests are designed to ensure that you fail and serve no purpose other than to provide the officer with evidence supporting a DUI arrest and conviction.  Because these tests generally will not serve any function other than to provide evidence that will be used against you, there generally is little to be gained by submitting to field sobriety testing.

 

What should I say if the officer asks me if I have been drinking?

 

It is never a good idea to admit that you have been drinking if you are asked this question by a police officer.  However, it is not advisable to lie to the officer either.  The best response is simply to indicate that you would prefer not to answer any questions until you have had a chance to speak with an attorney.  The officer will not grant this request because you have not been arrested, but the less you engage in a conversation with the attorney the better the chance you will not provide the officer with a legitimate basis to conduct a DUI investigation.  The officer asks you these questions because he is looking for evidence that provides a legal basis to initiate a DUI investigation.  The officer is specifically looking for red watery eyes, the odor of alcohol and slurred speech.

 

Do I have a right to call Florida DUI lawyers?

 

The right to have Florida DUI law counsel present during questioning generally does not attach until you are in custody.  The point at which you are in custody is when you are not free to leave.  While the officer may pull you over and detain you briefly based on less than probable cause, the officer must have probable cause to arrest you.

 

Florida Drinking and Driving Laws and Florida DUI Arrests

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If convicted of a crime of drunk driving (commonly known as DUI) is one of the serious things in Florida. You must do everything possible to avoid a charge of DUI and even the possible Florida DUI arrests.

For example, in Florida, necessities such as types of sanctions that can be expected simply from a first conviction for DUI:

 

•       Fine: You need to pay a fine amounting $500 to $1000 (fine may be doubled if the BAL result or the level of blood alcohol is 0.15% or greater, or a minor exists in the vehicle).

•       Service for the Community: You will be asked to accomplish 50 hours on serving the community.

•       Probationary Period: You will be convicted in a maximum of one year of probation. (The total prison and probation shall not exceed one year.)

•       Convicted behind the Bars: You can serve a maximum of 180 days in jail or a treatment program approved by the residential status. With BAL result of 0.15 percentages or more, time in jail / treatment may be more than 9 months.

•       Confiscation of vehicle: There is a possibility on vehicle confiscated for ten days.

•       Driver's License Suspension: Your driving license will be suspended for a period of 6 to 12 months.

These penalties are described in detail in Section 193 of Chapter 316, Florida Statutes.   If you have questions about these penalties, Florida DUI attorneys are available for your phone call and questions.

The penalties mentioned are for first offense, assuming that there is no damaged property but an individual was injured due to drunk drivers. The fees and penalties for 2nd or following prosecutions, or in the event that damage or injury occurs, less difficult higher. Expect to stay behind the jail on these instances, since there is very small tolerance regarding drunk driving nowadays, either in Florida or another state. 

The easiest way to prevent a DUI certainty would be to avoid charged using a drunk driving offense first. Do not travel when you know you take alcohols, especially if you have been drunk too much alcohol within a short period of time or have did not eat any before drinks. Despite their level of alcohol in the blood can be below the particular lawful limit, did not really drink alcohol that you know you can't manage for it not to affect your driving skill, especially when night.   

In the event that you have been arrest.  Call a Florida DUI attorney to discuss your case today. 

Hiring a driver is the simplest thing you can do to avoid being convicted with a DUI. Still, you can drink and ride on someone's vehicle as long as he is not drunk. Or you get home by riding a taxi or have someone pick it up. 


DUI Charges – Knowing Your Florida DUI Lawyers at Hand

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Driving under the influence penalties to those offenders caught under the influence of alcohol is severe. It is an accident that the driver is caught driving under they said liquid and involve his self on a road accident because of being intoxicated.

It doesn’t mean that the offender being accused with a DUI case will automatically convicted for it. No one held liable unless it is proven guilty by the court. It is a must that the defense lawyer you will hire is in his best. He must be well equipped with the necessary knowledge needed for the court hearing. By having any expert Florida DUI lawyers you can have a great chance that the charges will be lessen against you.

Having a DUI case can affect your relationship towards your family and also can deteriorate your future. Finding a job soon is quite complicated because you have a record on the court regarding your DUI case before. It is important to hire a DUI lawyer with a great experience in handling a case before like yours. Being accused with a DUI case comes from the fact that the driver is under the influence of alcohol while caught in the act.

During your first offense you may encounter light penalties, but as soon as you committed the same case again and again you will have a tighter sentenced with big charges accompanying it. The state is having a strict implementation and well observed rules and regulation about DUI case since the incidence increases from time to time. Offenders are submitted to attend AA classes to supplement their knowledge regarding safety driving.

Accused person with DUI cases are subjected to court, DI case is a serious matter because of the damages that may occur to the offender, to the people around the incident and even to the community itself.  The person whole drive especially at night is advice not to drink alcohol to avoid complications like vehicular accident that may kill lives. It is much acceptable to ask for a help from a friend to drive you home if you drunk.

If you accused of having a DUI case you can hire a defense lawyer that has enough knowledge about laws that is being implemented by the government especially the Department of Motor Vehicles. It is best also that you DUI attorney know court proceeding about the said case, like the schedules of hearing the papers that need to be submitted in the court and etc. Reduce the risk of being charge with a DUI case be a responsible driver.