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Tag Archives: DUI

Assistant City Attorney Avoids Potential DUI Arrest

Assistant City Attorney Avoids Potential DUI Arrest

It is not illegal to drink and drive in the state of Florida. As long as your blood alcohol level (BAC) is below a .08 and your normal faculties are not impaired, you are not breaking the law if you get behind the wheel. However, even if you meet these requirements you could still be pulled over. A Port St. Lucie assistant city attorney was recently in this situation but was driven home by the police officer. Her blood alcohol level was not measured, nor was she asked to perform a field sobriety test. Driving While “Borderline” Intoxicated According to an article in WPTV News, Police Chief Brian Reuther stopped Assistant City Attorney Gabrielle Taylor around 2:30 a.m. Saturday, and said it appeared “she had difficulty driving.” The police chief… […]

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DUI Manslaughter Laws in Florida

DUI Manslaughter Laws in Florida

A DUI Manslaughter charge results from when a person is arrested for a driving under the influence and has also caused an accident that resulted in the death of another person. There are different types of DUI manslaughter charges that you could be facing if arrested after causing a fatal accident. A DUI conviction by itself is extremely serious with fines anywhere from $500 to $2,000 depending on the circumstances. A DUI manslaughter conviction is exponentially more serious, and something you simply cannot afford. The penalties for DUI manslaughter are as follows according to Florida Statute 316.193: DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment). DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give… […]

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Drunk Driving Charges in South Florida

Drunk Driving Charges in South Florida

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… […]

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Drunk Driving Laws in Florida

Drunk Driving Laws in Florida

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.… […]

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DUI Charges in Palm Beach County

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… […]

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How to Avoid a DUI During the Holidays

How to Avoid a DUI During the Holidays

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… […]

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Is a DUI a Misdemeanor or a Felony?

Is a DUI a Misdemeanor or a Felony?

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… […]

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Can a Judge Overturn a Jury Verdict?

Can a Judge Overturn a Jury Verdict?

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.… […]

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Florida DUI Law: Video, Observations and Driver’s Admissions

Florida DUI Law: Video, Observations and Driver’s Admissions

A person is guilty of the offense of driving under the influence or DUI in Florida if the driver is operating an automobile or in physical control of a vehicle, while the driver is under the influence of alcoholic beverages or chemical substances, as set forth within the DUI statute, to the extent that their normal faculties are impaired or the person has a breath, blood or otherwise alcohol level greater than .08. Convictions in Florida for DUI can have adverse consequences as to your liberty, driver’s license, finances and criminal record. Driving under the influence or DUI in Florida has three elements: (i) being in control of a motor vehicle; (ii) being under the influence; and (iii) being impaired. Impairment can come from alcohol, illegal drugs, prescription drugs and… […]

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Can I Get A DUI Without Driving?

Can I Get A DUI Without Driving?

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… […]

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