No matter what the situation, being pulled over by the military will bring with it a clarity of anxiety that can lead you to say or do things without your most appropriate fascination in mind. For major offenses, such as a suspected DUI, an particular will most expected be so anxious about the stream incident that they may deed irrationally and eventually finish up in a sufficient worse location .. more …
The social implications of drinking and driving are not to be taken lightly, this explains why the legal penalties for someone caught driving while intoxicated are severe. In Florida, penalties for DUI (driving under the influence) are different based on whether the offense was committed for the first time, the amount of alcohol found in the blood, and the driver’s willingness to cooperate with the police.
Suspension Of Your License
If you refuse to take an alcohol test, whether it is a breathalyzer, blood, or urine test, the Department of Highway Motor Vehicles (DMV) may impose upon you a suspension of your license for a certain period of time. For a driver who refuses to take the test for the first time, the DMV may suspend his license for six months, while a driver who refuses for the second time and the succeeding instances is deferred of his license for as long as 18 months. If your license has been suspended for the first time because of a refusal to take the test, you can apply for a hardship license or a business purposes license, which expires after 42 days, after 90 days of hard (no driving) suspension. It is during this period that your DUI attorney can gather all evidence to prove that the police lacked probable cause to arrest you for DUI.
If you have taken one of the alcohol tests and your blood alcohol content is more than 0.08, the DMV will suspend your driving license immediately after 10 days during your arrest. This applies to all drunk driving offenders, whether it is their first time to be arrested for DUI or not. License suspension lasts for up to six months. After 30 days or approximately one month of hard suspension, where the driver is prohibited from driving, you can apply for a hardship license or business purposes license to plead the DMV to allow you to drive for business purposes for up to 42 days, provided you show proof that you have attended DUI school during the period of hard suspension.
Apart from administrative suspensions imposed by the DMV, a person who is convicted of DUI also suffers from statutory penalties that are enforced by the court. A first conviction leads to imprisonment of not more than six months. Imprisonment is not commonly spent in jail, but in an alcohol rehabilitation center or drug abuse treatment facility. A fine of $500 to $1,000 is also levied and a license revocation (separate from the administrative suspension that begins 10 days after the arrest) of six months to one year. If the vehicle is a commercial motor vehicle (CMV) and the driver was tested to have a blood-alcohol-concentration of 0.04, he is disqualified from driving a CMV for one year. Persons convicted of DUI are also required to serve a mandatory 50 hours of community service or pay $10 for each hour of community service. Probation of up to one year is also necessary. For persons who are tested to have BAC of 0.15 or higher and those who committed DUI with a minor inside the vehicle, enhanced penalties are executed.
Second convictions are, understandably, more severely penalized the first convictions. The court requires a person convicted with a second DUI to pay a fine of not less than $1,000 and not more than $2,000. The court may also oblige the convict to serve not more than nine months in an alcohol rehabilitation center or a drug abuse treatment facility. If the second DUI is committed within five years after the first conviction, jail time of not less than 10 days is mandatory, 48 hours of which should be served consecutively. The court also has the power to revoke the offender’s license for a minimum of five years, provided the second conviction took place within five years after the first conviction. A hardship license or business purposes may be given after one year of serving the revocation.
Florida law imposes more severe penalties for persons who have been convicted for the third time. Imprisonment, which is equivalent to time spent in an alcohol rehabilitation center or a drug abuse treatment facility, is up to 12 months. Up to 30 days of mandatory jail time is also required, with 48 consecutive hours in jail mandatory. If the third conviction took place 10 years after the second conviction, a fine of not less than $2,000 or more than $4,000 is levied. License revocation may take up to 10 years and the offender may only start applying for a hardship license or business purposes license two years after serving the suspension.
Ignition Interlock Device
The court has the power to order the installation of an ignition interlock device into the offender’s vehicle upon the reinstatement of his driver’s license. This period varies based on the situation. For a first conviction, ignition interlock is required for up to six months, at least one year for the second conviction, and at least two years for the third conviction. Mostly, ignition interlock is imposed when the driver’s BAC is 0.20 or more or when he was found to have been driving with a minor inside the vehicle. Ignition interlock requires the driver to breathe into the device for the vehicle to start and five minutes into the ride. Every 30 minutes, the device beeps, signaling the driver to breathe into the device again. The data that is collected by the device is recorded and sent to the DMV headquarters in Florida. The offender is responsible for shouldering the expenses of installing, maintaining, and monitoring the ignition interlock device.
Florida law exercises zero tolerance for minors, or persons under the age of 21, who have been caught driving with a blood-alcohol-content of 0.02. Administrative suspension of driver’s license is effective immediately after arrest, with the first offense requiring six months of suspension, the second and subsequent offenses up to one year. If a minor refuses to take an alcohol test, suspension of license lasts up to one year and 18 months for the second refusal. If the minor was tested with a BAC of 0.05, his license is only returned only after he has completed DUI training school. This violation is not considered a criminal offense, nor is being detained considered an arrest.
How To Lower Florida State DUI Penalties
It is possible to lower the regular Florida state DUI penalties and in many cases get them waived all together but this is only possible with a good Tampa DUI lawyer that has lots of experience with DUI cases. If you live in Hillsborough, Pasco or Pinellas Counties we recommend Tampa criminal lawyers Denmon & Denmon. They have had great success at defending DUI cases and have the results and testimonials to prove it. You can call them at 1-800-790-5641 and receive a free, no obligation consultation and case review.
Many individuals might not know that if they are arrested for a driving under the influence offense (DUI) that they have the right to refuse a blood alcohol test. However, Florida is a complied consent state. Under Florida Statute § 316.1932 (1), any person who operates a motor vehicle in Florida has given their implied consent to chemical testing of their blood, breath or urine at the request of a law enforcement officer after a lawful stop for arrest for driving under the influence of alcohol or controlled substances.
When an individual is pulled over for suspicion of drunk driving they might be asked to take a breath alcohol test or as it is commonly referred, a breathalyzer. If the breath test registers under 0.08, the officer may request a chemical urine or blood test to determine if there are drugs in the drivers system. A chemical BAC test usually consists of a blood or urine test administered by a medical professional.
The Basics of Refusal to Submit to BAC Testing in Florida
A person’s refusal to do something usually consists of them saying “no”. However, in the state of Florida, there are other ways that can be considered as refusal called constructive refusal. Constructive refusal may be interpreted as:
· The driver being unable to provide two sufficient samples of their breath within the statutory time period following the arrest
· If the driver does not specifically state yes or no to taking a chemical test of their blood, breath or urine
· If the driver becomes confrontational
· If the driver provides breath samples that are not within.02 of each other and then refuses to take a third test or
· If the driver blows a breath test once but does not blow a second or subsequent time when requested
In Florida, an arresting officer must inform the driver of the Implied Consent Warnings, which advise the driver of the consequences as a result of refusing to submit to testing.
Penalties for Refusal in Florida
Though an individual can refuse testing, they can also face stiff penalties as a result of refusal to submit to chemical BAC testing. These penalties can include the suspension of their driver’s license and driving privileges for up to one year. According to Florida Statute § 316.1939, if the driver has previously refused to submit to chemical testing and their driver’s license was already suspended, they can be charged with a first degree misdemeanor.
If the driver of a commercial vehicle is charge with refusing to submit to chemical testing while driving a commercial vehicle, they may have their commercial driver’s license suspended for up to one year. During their suspension they are not allowed to apply for a hardship license, which would allow them to drive for work purposes.
What does this mean for a criminal case?
A criminal case for a DUI offense in Orlando relies heavily on the results of chemical BAC testing to prove that a driver was in fact under the influence of drugs or alcohol at the time of arrest. If there is no chemical testing as the result of refusal, there will be no test results. This will force the prosecution to use the evidence of the refusal to chemical testing and field sobriety testing as evidence to prove that a driver was definitely intoxicated at the time of arrest, which can be difficult.
Maria D. Hale is a founding partner of Hale & Hale, P.A., and has over 12 years of experience in the criminal justice system. As an Orlando DUI defense attorney, she aggressively defends those in Orange County and the surrounding areas of Osceola County and Seminole County who are accused of various drunk driving and drugged driving related offenses. This includes first DUI offenders, DUI with property damage, DUI with seriously bodily injuries, and other charges. Maria’s concern is always for the welfare of her clients and she always strives to reach the most favorable outcome in each case.
Alcohol plays a substantial role in traffic accidents. Nearly 40% of traffic fatalities are alcohol related, and because of this startling figure, the government enforces tough penalties on those convicted of DUI. For drivers above the age of 21, it is against the law to operate a motor vehicle with a blood alcohol concentration of .08% or greater. For commercial drivers that number is reduced to just .04%, and for drivers under the age of 21, that number is virtually non-existent at .02%.
It’s impossible to accurately determine how many drinks it takes to reach the legal limit. Especially since factors such as sex, height and weight play an important role in how your body metabolizes alcohol. The safest bet is to not drink and drive at all.
In the state of Florida, a first time conviction will result in a license suspension from 180 days to one year. It can also result in up to 6 months in jail, from $500 to $1,000 in fines, the installation of an Ignition Interlock Device for up to 6 months, 50 hours of community service, community service fine at a rate of $10 for each hour of community service completed, and a 10 day vehicle impound. In order for the driver to obtain a hardship reinstatement, they must first complete DUI School before they submit their hardship application. The above penalties are for a simple first drunk driving conviction with a BAC from.08% to less than 0.15%. If there was a minor inside the vehicle at the time of arrest, or if the BAC was more than 0.15%, then the driver is subject to greater penalties.
For second and subsequent DUI’s, the penalties increase accordingly with higher fines, increased jail time, longer Ignition Interlock requirements, lengthier vehicle impounds and greater license suspensions. Aside from facing the above consequences, a DUI conviction will result in a misdemeanor charge on your criminal record. Certain multiple DUI offenses or DUI’s with serious bodily injury or death may be prosecuted as felonies, and therefore demand excellent legal representation. A DUI is not a minor offense in Florida; a criminal conviction will haunt you for years to come, hindering your ability to gain employment, rent or lease a home and obtain educational loans. DUI’s are not hopeless matters; a seasoned DUI attorney may be able to challenge your DUI stop, arrest, or any evidence against you. If there was an error in the collection of evidence, a skilled lawyer may be able to find it. Contact a DUI defense attorney today to start being proactive about your DUI charge!
The Fort Lauderdale legal team at the Law Office of Marshall Geisser has helped their clients walk away from DUI charges throughout the years. Their firm is dedicated to helping individuals retain their driving privileges when facing accusations of DUI. They understand the full consequences of a DUI conviction, and therefore work aggressively to unravel the prosecution’s case against you. They strongly believe that a DUI arrest does not necessarily mean that you have to be convicted. Let them take on your case, and do what they can to help you find a workable solution in your DUI matter. The worst thing you could do is not fight your DUI charge and suffer the full legal consequences. Contact a highly qualified Florida DUI lawyer from their firm by calling (888) 332-5604.
In the state of Florida, road accidents are on the rise due to driving under the influence of alcohol (DUI). Authorities have done their best to try and curb the problem, and it seems that with the introduction and enforcing of heavy, stiff penalties – there is hope that DUI might be on the downswing.
Under regular circumstances, any person caught driving a vehicle with a 0.08% alcohol present in his blood sample, urine or breath, is eligible to be booked under DUI. In certain situations, there are drivers who might refuse to take a DUI test. These drivers may also be arrested with DUI charges and are punishable by Florida state law.
An immediate penalty is usually $250 for a first time conviction. These fines can go up to $500. In more severe circumstances, if the person’s blood sample indicates an alcohol level of 0.20 or above, fines can be extremely hefty, starting at $500 going up to $1000 or more. Laws are more stringent and penalties more severe when the accused has been caught several times for DUI.
In all DUI cases, community services are absolutely essential and involve alcohol-counseling classes. However, there have been thousands of offenders who have gone back to their old habits of getting drunk while driving, in spite of serving a community service sentence. This may sometimes lead to the question the feasibility of such community programs and services. Community services vary from person to person. In all cases, if the person fails to serve the term, a fine of $10 for every hour missed must be paid.
Jail terms are also part of DUI penalties and usually start with a six-month term. There are some DUI cases that may be categorized as vehicular homicide. This involves passengers in the vehicle of the accused, other passengers in other vehicles or pedestrians who have been injured due to the drunk driver. In these cases, jail terms can top 30 years depending on the charges.
Besides fines and jail sentences, the vehicle is promptly seized and may be kept in police custody for a long time. The driver’s license may be confiscated for varied amounts of time. This may prove to be quite shattering to many who depend on their vehicles to get them back and forth to work, etc. There are some unethical and bold instances in which a driver, booked under DUI has actually driven a vehicle in spite of having his license confiscated. If caught doing this, the ramifications are severe. DUI penalties are in general, very hefty, and in some cases, may even seem quite unjust. However, they are perhaps the only way of keeping reckless and drunk drivers in check.
Not only do you increase your chance of being in a wreck when you drive under the influence of alcohol, but you also increase your chance of being spotted by a police officer. When pulling you over in Florida, you could be asked for a number of things, like: taking your blood, urine or a breathalyzer test.
The Implied Consent Law in Florida is recognized by your when you sign your driver license test in Florida. Upon signing this document, you have agreed to comply and take these tests when requested by an officer. If you refuse any of the tests, the first result is an immediate suspension of your driving capabilities for one year. If you refuse for a second time, you’re subject to an 18-month suspension of your driving capabilities.
Florida penalizes heavily for DUI first conviction, fines can range from $250-500, you’ll receive a hefty 50 hour community service stint, a paid (by your) trip to DUI school for 12 hours, and probation for 12 months or less. Jail time can be 6 months or less, and dependent upon your blood alcohol level, if it is.08 or higher with a minor in the vehicle it could be 9 months of less. Lastly, you’ll have your license revoked for a minimum of 180 days.
The reasoning behind the strict Florida DUI law implies that no one can truly drink alcohol and drive safely, creating a hazard for everyone. Not only does it cause a headache for those involved, the revoking of Florida driver’s license, higher insurance rates, but it can also cause death to yourself and those around you.
Jon Tsourakis is the Marketing Director of Revital Agency. A full service advertising firm based in St. Petersburg, FL. Clearwater DUI
Like most states, there is a DUI law in Florida. DUI stands for “driving under the influence of alcohol.” Getting arrested and charged with a dui is a criminal offense, because you are not only endangering yourself but those with or around you.
When the alcohol percentage in human blood is 0.08% or higher, the person may be booked under DUI in Florida. It is important to remember that DUI laws vary from state to state in their severity, and some states may have a law that is a bit more relaxed than others. However, all states are unanimous in their views that driving while drunk is a crime that can end or destroy a lot of lives, and there must be steps to curb it.
When a person is arrested on DUI charges in Florida, he has approximately ten days to ask for a hearing with the Florida Department of Highway Safety and Motor Vehicle (FDHSMV) to protect his license from being confiscated permanently. If the person fails to request such a hearing, it may lead to a six-month jail term that could drag on for 18 months.
Punishments in Florida DUI arrests are varied with far-reaching consequences. There are fines that start at a $250 but could shoot up to $2000 or beyond, depending on the nature of the damage done and the number of times the person has been caught committing the same offense. There are severe jail terms too that a person might have to face. These jail terms could be between six months to five years. Community service, with alcohol education classes is also a mandatory requirement.
If you are arrested in Florida for a DUI, it is extremely important to get in touch with an expert DUI attorney without delay. Other than retaining a good lawyer, visiting highly informative websites that talk about Florida DUI are a big help. However, it is always advisable to drive in a sober state so that such unfortunate incidents can easily be avoided.
In the state of Florida you can be arrested for driving under the influence with a Blood Alcohol Level (BAC) of .08 or higher, not to mention the other influences you could be under and their determining factors. From chemicals to controlled substances, alcohol isn’t the only offense for you can become detained for in the state of Florida.
Tourist, Colleges, Businesses, and underage drinking
With a high concentration of colleges, tourists and businesses-Central Florida is the Mecca for DUI charges. From underage drinking to substance abuse, the driving penalties are endless in Central Florida. Unfortunately, you cannot escape the law when you’re on the water-you can be arrested for DUI charges on a water vessel as well, another commonality in Central Florida. Whether you’re on land or the water, Central Florida DUI charges are among the highest in the state. The heavy concentration of folks who are going to break the law keeps law enforcement busy. Many attorneys in the area have had great experience with these types of cases and are relentless in understanding and keeping up to speed on the technologies utilized by law enforcement, including breathalyzers, interlock devices and field sobriety testing.
Florida penalizes heavily for DUI first conviction, fines can range from $250-500, you’ll receive a hefty 50 hour community service stint, a paid (by your) trip to DUI school for 12 hours, and probation for 12 months or less. Jail time can be 6 months or less, and dependent upon your blood alcohol level, if it is .08 or higher with a minor in the vehicle it could be 9 months of less. Lastly, you’ll have your license revoked for a minimum of 180 days (and this is all for a first offense-imagine the issues you’ll have with a second, or third!)
The Denson Firm defends those charged with DUI, drug possession, theft and other criminal charges. The firm provides criminal defense to people accused of misdemeanor or felony crimes in the Tampa / St. Petersburg, Florida, area of Pinellas County and Hillsborough County. As a St. Petersburg DUI Attorney he has successfully defended numerous cases. Central Florida DUI Attorney
DUI (driving under influence) or DWI (driving while intoxicated) is a serious offence in Florida. It is treated as misdemeanor or traffic crime or even felony in some cases. Driving under the influence of intoxication from alcohol or drugs may result in accidents and is very risky for both the driver as well as other people on the road. Every person who operates a motor vehicle is liable under “implied consent” to take a chemical breath test when suspected of drunk driving by an official. DUI can be proved by impairment of regular faculties. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year. Intoxication levels higher than 0.08 (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath) are unacceptable. DUI comes under the DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances law s. 316.193, F.S.
Upon conviction of the crime, DUI attracts several kinds of punishments including fine, community service, loss of license, vehicle immobilization and may be even jail term. The fine schedule under DUI is given under s. 316.193(2)(a)-(b), F.S. The fine for the first conviction starts from $250 and may go beyond $500. For blood/breath alcohol levels (BAL) of 0.20 or higher, or for having a minor in the vehicle, a minimum fine of $500 can be imposed. It can go beyond $1000. Second convictions attract a minimum fine of $500, and it can be more than $1000. When the BAL is 0.20 or higher, or if there is a minor in the vehicle, the fine can range from $1000 to $2000 or beyond.
Third conviction (more than 10 years) means a minimum fine of $1000 to $2500 or more. BAL of more than 0.20 or having a minor in the vehicle would mean a fine of not less than $2500. Fourth of subsequent conviction attracts a fine not less than $1000 and $2000 for BAL of 0.20 or having a minor in the vehicle.
50 hours of mandatory community service is also given for first convictions or an additional fine of $10 is slapped on for each hour of community service required.
Florida DUI Attorneys provides detailed information about Florida DUI attorneys, Florida alcohol treatments, Florida DUI and fines, and more. Florida DUI Attorneys is affiliated with Los Angeles County DUI Lawyers [http://www.e-losangelesduilawyers.com].
DUI sobriety checkpoints are one of law enforcement personnel’s most direct methods of keeping an eye on DUI offenders, as well as checking drivers’ licenses and vehicle registrations. Florida law enforcers randomly use checkpoints to catch offenders. Such checks are conducted more so on peak celebratory holidays such as Christmas Eve and New Year’s Eve. Roadside checks allow law enforcers to monitor in compliance with court orders and statutory restrictions.
The main purpose of DUI sobriety checkpoints is to ensure that general public is following safety rules on roads. Possible harm by DUI offenders may be avoided from consequences of their own actions through such checks. Sobriety checkpoints seem to have become essential for law enforcement officials in Florida, as their frequency has increased on many public roads.
Sobriety checkpoints hover on a fragile precipice between legitimate public safety and encroachment upon a citizen’s Fourth Amendment protection against unreasonable search and seizure. Issues that fall under this precarious balance comprise of gravity of public concerns served by the seizure, extent to which the seizure advances public interest and strictness of interference with individual liberty. Many states including Florida consider sobriety checkpoints constitutionally valid. However, there do exist certain states in US that continue to forbid the same. Courts in Florida found that sobriety checkpoints were conducted for the purpose of verifying compliance with DUI laws, and thus was a valid exercise of police power.
Policy of Florida Highway Patrol is to promote safety for motorists using public freeways and to provide a deterrent for those who violate directives contained in Florida Statutes. Although other law enforcement procedures may achieve a greater number of arrests, the purpose of a checkpoint is deterrence of Driving Under Influence. Purpose of a checkpoint is to increase chances of detection and arrest motorists. It also serves to bring about a greater public awareness of the problem that is targeted by such checkpoints.