DUI lawyer

Drunk Driving Laws in Florida

Andrew Stine — Mon, 26 Dec 2011 17:21:05 GMT

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the "Implied Consent Law". When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

1st Florida DUI Offense

First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail – 6 Months Maximum (BAL from .08 to less than .15)
Jail - 9 Months Maximum (BAL above .15)
Fine – From $500 to $1,000 (BAL from .08 to less than .15)
Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

1st Florida DUI Offense

2nd Florida DUI Offense

Second Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail - 9 Months Maximum (BAL from .08 to less than .15)
Jail - 12 Months Maximum (BAL above .15) or Minor in Vehicle
Jail – Mandatory 10 Days (If within 5 years of Previous DUI)
Fine – From $1,000 to $2,000 (BAL From .08 to less than .15)
Fine – From $2,000 to $4,000 (BAL Above .15) or Minor in Vehicle
License – Suspended for 5 Years (If within 5 years of previous)
License Suspension – Eligible for Hardship Reinstatement after 1 Year
Hardship Reinstatement - Complete DUI School
Ignition Interlock Device – Required for 1 Year (BAL from .08 to less than .15)
Ignition Interlock Device – Required for 2 Years (BAL above .15)
Vehicle Impound – 30 Days (If within 5 years of previous)

3rd Florida DUI Offense

Third Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Third Degree Felony (If Within 10 Years)
Jail – Up to 12 Months
Jail – Mandatory 30 Days (If 3rd Conviction within 10 Years)
Fine – From $2,000 to $5,000 (BAL from .08 to less than .15)
Fine –$4,000 Minimum (BAL above .15) or Minor in Vehicle
License – Suspended for 10 Years (If 3rd Conviction within 10 Years)
License Suspension – Eligible for Hardship Reinstatement after 2 Years
Hardship Reinstatement - Complete DUI School
Ignition Interlock Device - Required for 2 Years
Vehicle Impound – 90 Days (If 3rd Conviction within 10 Years)
More Information: Third Offense DUI in Florida

4th Florida DUI Offense

Fourth Drunk Driving Conviction
Fine - $2,000 Minimum
Jail – Up to 5 Years
License – Suspended For Life – No Hardship Reinstatement
New Florida DUI Laws

In 2010, Florida reduced penalties for four-time offenders if certain requisites are met. These requirements include a 10-year waiting period with no driving for the 10-year period and no manslaughter in the original charge. Restricted driving privileges will be imposed during the first year. Also, the defendant must participate in an alcohol treatment program within the first six-month period from the time the license is reinstated.

The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. You have rights and you may be able to get that DUI charge dismissed. There are many ways an experienced DUI lawyer can get your case thrown out. DUI/DWI attorney in Palm Beach County will fight for your freedom, your rights and your driver’s license privileges. Call DUI attorney today for a free consultation.

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Drunk Driving Charges in South Florida

Andrew Stine — Mon, 19 Dec 2011 15:45:25 GMT

Getting charged with a DUI (Driving Under the Influence) is a serious offense and it could impact your life forever if you are convicted. Each year, states impose tougher DUI laws and more severe drunk driving penalties. Florida is no exception. This is what can happen to you for a first time DUI conviction in Florida:

Jail – 6 Months Maximum - blood alcohol level (BAL) from .08 to less than .15
Jail - 9 Months Maximum - BAL above .15
Fine – From $500 to $1,000 - BAL from .08 to less than .15
Fine – From $1,000 to $2,000 - BAL above .15 or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

A stripper has spent the past week locked in the Broward County jail, accused of driving drunk and then shouting obscenities at a police officer and kicking his car- reported by Scott Travis, Sun Sentinel:

The incident began as a four-car accident on Interstate 595, east of Hiatus Road in Davie. A state trooper said Emerald Nicole Nguyen, 28, of Sunrise, appeared glassy-eyed, and he conducted a series of roadside tests in which he determined she was under the influence, according to an arrest report.
Nguyen, who identified herself as a stripper who works in Miami, called the police officer obscene and racist names, according to the report. After being placed in the vehicle, she tried to kick out the left side window and damaged the door panel of the newly tinted and painted vehicle, the report says.

She faces 11 charges, including felony counts of damaging property, battery on a law enforcement officer and resisting arrest with violence. She remained in jail Saturday with a combined bond set at $6,150.

Florida Point System

The Criminal Punishment Code Score Sheet is a point system that a judge reviews at the time of sentencing. Each current offense is scored as well as any additional offenses. Then the court also scores your prior record for prior offenses. For example, grand theft – greater than $300 but less than $5000 - is a level 2 and scores 10 points. However, DUI causing serious bodily injury is a level 7 and will get you 56 points.

If your total combined score is less than or equal to 44 points, the judge can impose a non-state prison sanction, which can mean county jail of a year or less, house arrest, probation, a fine - or even no punishment at all. If the total points are greater than 44 points, the court will impose mandatory state prison time. Your attorney will help you decide what course of action is best, depending on your charges and other factors unique to your case. No two cases are the same.

Do you see how complicated this system is? Attempting to take on the state by yourself can be intimidating and overwhelming. This is why you need to have an experienced Palm Beach County defense attorney by your side as soon as you get arrested.

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DUI Charges in Palm Beach County

Andrew Stine — Fri, 02 Dec 2011 16:39:31 GMT

Jail – 6 Months Maximum - blood alcohol level (BAL) from .08 to less than .15
Jail - 9 Months Maximum - BAL above .15
Fine – From $500 to $1,000 - BAL from .08 to less than .15
Fine – From $1,000 to $2,000 - BAL above .15 or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

The State of Florida has greatly enhanced the penalties for DUI in recent years. The first conviction may result in a term of imprisonment or probation, a substantial fine, community service time, and a loss of driving privileges. If the judge decides to give you probation rather than a jail sentence, you must be required to report to a probation officer once a month for a year and pay $55 per month for the costs of probation. Completion of DUI school and an evaluation for substance abuse is also mandatory. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the court, it is very difficult to successfully challenge that conviction after the fact.

A second conviction for DUI can carry with it a mandatory term of imprisonment for not less than 10 days. Subsequent DUI convictions carry even more severe penalties, including long-term jail sentences and mandatory revocation of driving privileges.

The State of Florida must prove a DUI beyond and to the exclusion of every reasonable doubt. The breathalyzer machine might have been in error and the results could be challenged. The circumstances of the arrest might also be subject to legal attack.

Here is something to consider. If you drink and drive, get the phone number of a good West Palm Beach DUI attorney and keep it in your wallet or pocketbook. The faster you have legal representation after a DUI arrest, the better your chances are for a dismissal and expungement. There is no way to predict the future. But you can prepare for it. If you get charged with a DUI in Palm Beach County, make sure you have the phone number of a good West Palm Beach DUI attorney right there in your back pocket.

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How to Avoid a DUI During the Holidays

Andrew Stine — Fri, 25 Nov 2011 15:32:11 GMT

The holidays are right around the corner and with them comes weeks of celebrating. The rate of DUI arrests rises sharply during the holidays as people spend more time at holiday parties. Drinking and driving is always a serious crime but law enforcement officers pay particularly close attention to the roadways during this time of year because of the expected rise in DUIs.

Florida DUI Law

A DUI in Florida is generally a misdemeanor. A first offense can cost you anywhere from 180 day license suspension to 1 year. You could also spend up to 6 months in jail and be forced to pay a $500 fine. A DUI conviction will stain your record for years.

A DUI involving serious injury to another is a 3rd degree felony. Your potential jail time, fines, and term of license suspension will increase dramatically if another person was injured or if you had a minor in the vehicle.

How to Avoid a DUI

A DUI in Florida is a very serious crime but can easily be avoided. According to WPTV News, AAA and Budweiser have teamed up in an effort to protect potential victims of DUI accidents. They created the Tow to Go program in 1998, designed to provide anyone who has had too much to drink a free and confidential ride and tow home from any bar or restaurant.

A Tow to Go program manager stated:

“The busiest time for the Tow to Go program is during the upcoming holiday season when more than 70 percent of the call volume is received.”

If you ever find yourself in a situation where you have had too much to drink and cannot manage a ride home, call the Tow to Go program at 1-800-AAA-HELP (222-4357).

It is extremely important to avoid drinking and driving as a DUI conviction is punished seriously in the state of Florida. You cannot afford a DUI conviction as it will restrict your freedom not only in the immediate future but possibly the rest of your life as well.

DUI Criminal Defense

It is important to use the resources available to you to avoid drinking and driving. If you do choose to make that mistake and are arrested for a DUI, you need to contact a criminal defense lawyer immediately. Again, the consequences are severe and costly. A DUI criminal defense lawyer may be able to negotiate your sentence down to community service. However, in order for you to have any chance at all to circumvent conviction, contact a lawyer immediately after your arrest.

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What Happens if I Have Multiple DUI Convictions?

Andrew Stine — Fri, 12 Aug 2011 15:13:19 GMT

By definition a person in Florida is guilty of a DUI if her or she is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages or any prohibited chemical substance to the extent that a person’s normal faculties are impaired.

DUI in Florida

Usually a DUI is a violation punishable by a fine of $500 to $1000 and a maximum of 6 months in prison for a first conviction. A second conviction could cost one year of placement of a mandatory ignition interlock device. A third conviction can cost two years of an ignition interlock device. What happens if a person is punished for more than 10 DUI convictions?

According to an article in the Palm Beach Post below, an Alabama man has been sentenced to over five years in prison after his 10th DUI conviction. He has 13 DUI arrests on his previous record:

PENSACOLA, FLA. — An Alabama man has been sentenced to five years and two months in prison after his 10th DUI conviction.
Fifty-four-year-old Michael M. Naramore of Mountain Brook, Ala., was sentenced Wednesday in Pensacola federal court. He pleaded guilty May 16 to driving under the influence and driving with a suspended license.
The Pensacola News-Journal reports that Naramore's driving history includes 13 DUI arrests and nine prior DUI convictions in Alabama.
The Florida case stems from a Nov. 24 arrest at the west gate of Eglin Air Force Base.
A U.S. Attorney's statement says Naramore reeked of alcohol and had trouble rolling down his window and opening the car door. The report also says he was unable to complete field sobriety testing.

DUI Defense

If you have been arrested for a DUI, you need a criminal defense lawyer’s help. A DUI can cost you your right to drive, the ability to get a job, and your freedom in general. An experienced criminal defense lawyer will aggressively negotiate on your behalf. He or she may even settle your case with a fine and an agreement to participate in an alcohol education class.

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Is a DUI a Misdemeanor or a Felony?

Andrew Stine — Fri, 22 Jul 2011 14:02:00 GMT

Being charged with a DUI will change your life. Whether it is a misdemeanor DUI or a felony DUI, the conviction will appear on your criminal record and will reflect badly on your character when you apply for a job, try to rent or buy a place to live, or in just about anything where a background check may be involved. If you speak with a criminal defense lawyer, you may be able to work to get the conviction expunged from your criminal record.

Is a DUI a Felony or Misdemeanor?

A DUI misdemeanor conviction is when any person driving under the influence causes property damage or personal injury to another. It is then considered a first-degree misdemeanor punishable by up to 1 year in prison and a $1000 fine.

A DUI Felony conviction usually refers to repeat offenders. A person is charged with a felony if he or she is convicted of a third DUI within 10 years or a fourth DUI, period. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. It is also a third-degree felony if a person causes serious bodily injury while driving under the influence.

DUI Manslaughter

In West Palm Beach on Thursday, Mark William Bradly, 46, was charged with DUI manslaughter for driving under the influence during a fatal crash in October that killed a 10-year-old girl.

Khonii Louis died shortly after the crash at St. Mary's Medical Center in West Palm Beach, where she was being treated for severe neck injuries.

The accident occurred just before 2 a.m. Bradley had either stopped or parked his Ford F-250 truck in the westbound lane, according to a preliminary report. A 2004 Honda four-door vehicle driven by Khonii's mother, Shiin, 44, was headed westbound on Northlake and struck the back of Bradley's truck. Khonii was in the back seat at the time of the crash.

DUI Criminal Defense

If you have ever been charged with a DUI, you are in for some serious stress. Dealing with a DUI conviction, whether it’s a felony or a misdemeanor can be life altering. Not only do you have to deal with going to court, dealing with insurance companies, and suffering from pain and embarrassment, but you have the fear of a potential conviction hanging over your head. Talk to a DUI criminal defense lawyer. Ask as many questions as you need to. A criminal defense lawyer is on your team and works to protect your rights.

Have you ever been charged with a DUI? Tell us your story.

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Can a Judge Overturn a Jury Verdict?

Andrew Stine — Fri, 01 Jul 2011 14:04:24 GMT

Have you ever wondered if a judge can overturn a guilty verdict, or even a not guilty verdict? The results of former West Palm Beach Firefighter Capt. Rick Curtis’s trial may leave people wondering – is a jury verdict the final word?

DUI Conviction Overturned

According to the Palm Beach Post, Rick Curtis is fighting to get his job back as a firefighter for West Palm Beach now that his DUI conviction has been overturned. The conviction was overturned after Curtis alleged that the judge had an “intimate relationship” with one of Curtis’ adversarial colleagues. Curtis claims he didn’t learn of the relationship until after the trial.

City officials are refusing to let Curtis return to the department and are claiming that the conviction wasn’t the sole reason he was fired. County Court Judge Paul Damico ordered a new trial Wednesday.

Can a Judge Overrule a Jury Verdict?

In any trial, the judge’s decision and opinion has higher authority than anyone else. The fact of the matter is that a judge is an expert on the law and the jury is not. The judge can overturn a guilty verdict and find the defendant not guilty, but not the other way around.

Instead of overturning a guilty verdict, the judge can order a new trial. This is a rare instance that can happen if the judge determines that there was a procedural error or an error with the evidence that was important to the case.

Ultimately, a judge overruling a jury verdict is very rare because jury verdicts are supposed to represent the sentiment of the community.

Criminal Defense

If you are facing charges and fear the results of your trial, you need a criminal defense lawyer on your side. An experienced criminal defense lawyer will know how to file a motion to vacate the conviction if you feel that you have been wrongly convicted based on errors during the trial.

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Would You Report a Drunk Driver for a $100 Reward?

Andrew Stine — Fri, 29 Apr 2011 15:29:54 GMT

According to the Palm Beach County Sheriff’s Office, over 1,000 DUI arrests have been made since January 1st. Because of this extremely high number, a new program has been put into affect to help police catch and arrest drunk drivers.

Mobile Eyes against Drunk Driving

The new program is called “Mobile Eyes Against Drunk Driving.” The program encourages drivers to call 911 and alert Palm Beach County police of erratic or unsafe drivers.

The catch is, if a DUI arrest is made before a potential accident based on your tip, you get a $100 reward from the program.

The reason the program was put into place was because most people who notice drunk drivers on the road just try to stay out of their way. This program would give the public the incentive to report drunk drivers, prevent accidents, and increase DUI arrest statistics.

The idea is that people who choose to drive drunk might think twice if they understand that just about everyone on the road has eyes and ears open for them. There is a $500 reward limit per person for reporting unsafe drivers.

"We're not encouraging people to run around Palm Beach County reporting DUIs," said Zondra Hunter with the Safety Council of Palm Beach County, "We're encouraging that if you do see it happen please report it."

DUI Criminal Defense

The most important thing in DUI cases is early intervention by your criminal defense lawyer. This proactive involvement will help you avoid the consequences of a conviction, which are very serious in Florida. If you submitted to a breathalyzer and failed, an experienced criminal defense lawyer can argue the reliability of that breathalyzer. Knowledgeable criminal defense lawyers know which brand of breathalyzers have significant consistency machine failures here in Florida.

Contact a criminal defense lawyer and protect your right to drive.

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Can I Get A DUI Without Driving?

Andrew Stine — Mon, 28 Mar 2011 13:09:17 GMT

The simple answer to this question is yes, you can. It has absolutely nothing to do with whether or not you intended to drive the vehicle, if you are impaired and are caught by a police officer in your car, you will get a DUI.

Actual Physical Control

There was a story a while ago about a Florida man was listening to music late at night when his roommate began complaining. Unwilling to turn his music down, he went out to his car to listen to his music after having been drinking. Deputies ended up knocking at his window and decided to conduct a field sobriety test, which he failed. He was promptly arrested on suspicion of DUI.

Many people have been charged with DUI’s even when sleeping in their vehicles because they understood they were too impaired to drive.

The reason people can be charged with a DUI without actually driving their vehicle is if they, by legal standards, are in “actual physical control” of any vehicle. The man with the loud music was considered to be in actual physical control of his vehicle because he had his keys in the ignition to allow his music to play.

The definition of “actual physical control” of a vehicle is: the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of if he or she operated the vehicle at the time.

Being in actual physical control of a vehicle doesn’t mean you had any intention to drive; you could have the keys in the ignition for heat or AC. You can even be charged with a DUI if your keys are on your person while you are in the car, and not even near the ignition.

DUI Defense

If you have been charged with a DUI, whether or not you were driving, you need a criminal defense lawyer on your side immediately. You will most likely lost your license for a period of time and be expected to attend DUI classes. Usually you will have to pay a steep fine, court fees, and an increase in car insurance. Have a criminal defense lawyer help you get your charges lessened.

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