Florida DUI: Penalties for a First Time Conviction
If you are arrested and convicted for a Florida DUI, you may possibly face jail time, a loss of your driver’s license and heavy fines as well as court costs. But, if you hire a skilled and experienced DUI attorney, it will certainly help your case.
From the time that you are first booked in to the day that your case is resolved, you will be adding more than just cost though; you are adding a criminal record that could change the way that you live and work for a very long time. Being convicted of a Florida DUI, even as a first time offender, is a very serious matter indeed.
The expenses that you will incur after being arrested and convicted of a Florida DUI, besides the cost of the attorney who will help you get through the court system, include possible fines of between $250 and $500, reinstatement fees, the cost of DUI driving school, increased insurance premiums because of the conviction and the cost of public transportation while you are without a driver’s license. That’s right, you could lose your license as well for a period that could be as little as 180 days or could be up to a year, depending on your behavior at the time of the arrest. If you refuse to comply with testing during the arrest, you could lose your license for a full year under Florida law without the help of a really good attorney. Keep this mind though: you could take the test, fail it and lose not only your license but your case as well. Or, you could refuse to take the test, lose your license administratively but still win the criminal case, if you have a good lawyer.
In addition to the expenses, you may have the possibility of jail time that could be up to six months and up to 50 hours of community service. If you have a child in the car with you (defined as anyone under the age of 18) at the time of your Florida DUI arrest, you can go to jail for up to nine months and have increased fines. While the basic costs for a drunk driving conviction may not look like much, after figuring in the attorney fees and other associated costs, a typical first time conviction may end up costing nearly $8,000 or more. However, without a skilled attorney to help you, the costs could be even higher because like they say, the man who represents himself has a fool for a client.
Florida DUI Law: Finding a Lawyer to Help You with Your Case
Being arrested for any reason can be a very scary thing. In addition, it can be a very confusing thing, especially if you are trying to navigate the world of Florida DUI law without an attorney. You need to have someone who can help you fill out all of the proper forms, find out all of the answers to the questions that you surely have and to make sure that you are coming to all of your court appearances on time. The criminal defense lawyer may be able to help you get a suspended or reduced sentence, especially if this is your first offense.
Under Florida DUI law, you can lose your license for a full year if you refuse to take any of the tests that are asked of you by the arresting officer. For instance, if you are asked to take a breath test or asked to submit to blood or urine testing to gauge the level of your impairment, you could lose your license for a year, in addition to the amount of time that you will have added after your case is heard without the defense of a good lawyer. If you do take the field test and pass it, but the police are still insisting on urine or blood tests, they must have just cause for the further testing. If they cannot prove why they are continuing to hold you, despite the fact that you have passed a breath test, you may have very solid grounds for a wrongful arrest case. There are many reasons that you need to have an experienced lawyer for your DUI case, especially when it comes to the statutes. They are not all just black and white, cut and dried after all. And remember, the cops are not at all interested in protecting your civil liberties at all. They are betting that you do not know your full rights under the law and they will push just as far as they can, up to and over that line. Protect your rights by using a good attorney or you are giving up more than just your license and some fines.
Also under Florida DUI law, even a first time offender can be sent to DUI driver’s school at their own expense before they are eligible to get their driver’s license back at all. You will have to pay a reinstatement fee, higher insurance premiums and other associated costs as well. All of these fees and fines can really add up quickly, so it is very important that you work with an attorney who could possibly get some of them suspended. However, if you violate any law during your probation period, especially a second violation of Florida DUI law, you will have those reinstated and added to the fines and fees of the second case, a small cost to pay for your peace of mind.
Florida DUI Attorney: The Cost of Court and Beyond
When you hire a Florida DUI attorney to help you handle your case, make sure that you understand the billing system that he or she uses from the first day. While you should never choose an attorney based on fees alone, you cannot afford to have one that is in the upper level of billing either, especially when you consider the other expenses that you are facing. There are several ways that you can be billed by the Florida DUI attorney that you hire: by the hour, on a per case basis or a combination of the two.
When you hire a Florida DUI attorney who is being paid by the hour, any time he meets with you, speaks to you by phone or files papers on your behalf you will be billed. In most cases you will be billed in 15 minute increments, which simply means that a five minute phone conversation goes on the billable hours listing as fifteen minutes. The more that you need to speak to your Florida DUI attorney or the more complicated that your case is, the more you will be billed.
On the other hand, if you are paying a per case fee or flat rate, you may only see your attorney a certain number of times before your case, or you may not talk to him at all until the day you go to court. An attorney who uses a combination of the two will give you a set amount of time that is billed as a flat rate with additional costs being incurred at an hourly rate. (These are typically higher, depending on the individual attorney.)
Your attorney will try to get you through the system as quickly as possible, seeking to reduce or get suspended some of the fees and fines that you will face. In addition, he may ask the court to suspend all or part of your jail sentence, especially if this is a first offense. However, you may still face several penalties, which could include the loss of your license for 180 days or more and the need to take DUI driver’s school to get your license back. It is important to make sure that you are dealing with an attorney that can explain your rights and options so that you do not have to face the burden of losing your license or have to explain why you are hoofing it to work to your friends and family.
Florida Second Time DUI Offender
In almost every instance of DUI arrest in Okaloosa County, Florida, it is a serious mistake to not hire an experienced Okaloosa County, Florida DUI Defense Attorney.
When you get arrested for DUI, there are both administrative and criminal consequences that you must handle.
Administrative Consequences
When you get arrested for a DUI in the state of Florida, driver’s license suspension happens immediately upon arrest. The arresting officer will issue you a temporary permit that is only valid for 10 days from the date of arrest. You must act quickly to request an administrative review of your suspension, or your driver’s license will be administratively suspended for 1 year if your license has been previously administratively suspended. Okaloosa County Attorney Stephen G. Cobb has handled many administrative suspension hearings and can help you try to avoid administrative suspension of your driver’s license. Even if an administrative suspension cannot be avoided, Attorney Stephen G. Cobb can assist you in obtaining a hardship license if you are otherwise eligible to receive one.
Criminal Consequences
In the state of Florida, DUI can be proven in two ways: impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. Regardless of how the charge is proven, the consequences are the same
Incarceration: For a second time DUI conviction, the court has the discretion to impose incarceration for up to nine months. However, if your Blood/Breath Alcohol measures at .15 or higher or there was a minor in the car, the court has the discretion to impose incarceration for up to twelve months. If this is your second DUI conviction within 5 years or less, there is a mandatory 10 day imprisonment.
License Suspension: For a second time DUI conviction within 5 years, your license will be revoked for a minimum of 5 years, effective on the conviction date. You may be eligible for a hardship license after 1 year of license revocation. For a second time DUI conviction with more than 5 years between each conviction, your license will be revoked for a minimum of six months but no more than 1 year. You will not be eligible for a hardship license. You will have to complete the full term of your license revocation.
Vehicle Impound: For a second DUI conviction within 5 years, your vehicle will be impounded for 30 days unless your family has no other mode of transportation.
Fine: For a second DUI conviction, there will be a fine of not less than $1000 but not more than $2000. However, if your Blood/Breath Alcohol measures at .15 or higher or there was a minor in the car, the fine will be not less than $2000 but not more than $4000.
Attorney Stephen G. Cobb has handled hundreds of DUI cases in Okaloosa County, Florida. Please contact Mr. Cobb today for a confidential consultation about the specifics of your case and to navigate the often confusing world between the administrative and criminal consequences of a second time DUI arrest. Mr. Cobb will vigorously work to get the most favorable outcome available whether it is a dismissal of the charge, a favorable plea agreement, or a not guilty verdict.
Florida Third Time DUI Offender
In almost every instance of DUI arrest in Okaloosa County, Florida, it is a serious mistake to not hire an experienced Okaloosa County, Florida DUI Defense Attorney.
When you get arrested for DUI, there are both administrative and criminal consequences that you must handle.
Administrative Consequences
When you get arrested for a DUI in the state of Florida, driver’s license suspension happens immediately upon arrest. The arresting officer will issue you a temporary permit that is only valid for 10 days from the date of arrest. You must act quickly to request an administrative review of your suspension or your driver’s license will be administratively suspended for 1 year. Okaloosa County Attorney Stephen G. Cobb has handled many administrative suspension hearings and can help you try to avoid administrative suspension of your driver’s license. Even if an administrative suspension cannot be avoided, Attorney Stephen G. Cobb can assist you in obtaining a hardship license if you are otherwise eligible to receive one.
Criminal Consequences
In the state of Florida, DUI can be proven in two ways: impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. Regardless of how the charge is proven, the consequences are the same.
Incarceration: For a third DUI conviction within 10 years, there is a mandatory 30 day imprisonment. If this is your third conviction in more than 10 years the court has the discretion to imprison you for up to 12 months.
License Suspension: For a third DUI conviction within 10 years of the second conviction, your license will be revoked for a minimum of 10 years, effective on the conviction date. You may be eligible for a hardship license after 2 years of license revocation.
Vehicle Impound: For a third DUI conviction within 10 years, your vehicle will be impounded for 90 days unless your family has no other mode of transportation.
Fine: For a third conviction that is more than 10 years from the second conviction there will be a fine of not less than $2000 but not more than $5000. However, if your Blood/Breath Alcohol measures at .15 or higher or there was a minor in the car, the fine will be not less than $4000.
Florida DUI Defense: Trying for Reduced or Suspended Sentences
In cases of DUI, it is not always as simple of whether you were legally impaired at the time or not. It is not always about whether you were driving in fact. There are times when you could be charged with “driving under the influence” that does not technically qualify as driving at all. In these instances, the benefit of having a good attorney is crystal clear. While you might have been tempted to just chuck in the towel and plead guilty because you are so confused and lost - there are defenses that can be used to get the charges amended and in some cases, dropped altogether.
In court, it is up to the prosecuting attorney to prove his case and the defense attorney to shoot holes in that case. The Florida DUI defense attorney who you hire may be able to get you a reduced or suspended sentence for this crime so that you do not have to spend months in jail or pay hundreds of dollars in fines. Again, you could be offered an amended, lesser charge instead of the DUI. There are punishments for DUI that are technically considered to be mandatory, so it is important to avoid having that be the final charge you are found guilty of.
A Florida DUI defense lawyer may argue that sending you to jail for six months (for a first offense) or longer would create a financial burden on the family and that it would better serve the community and the state of Florida to allow you to continue to work and be a productive member of that society. Some or all of the jail time may be suspended meaning that you will have to be crime-free for the duration of your probationary period or have that sentence returned in addition to any punishments for new charges that you may face. In addition, there are other defenses that might work even better with certain judges, things that the average working stiff would not have even thought about
Another thing that the Florida DUI defense lawyer might work towards is getting your fine reduced or suspended entirely. The fine for a first time offender can be between $250 and $500; the lawyer may argue for fine to be suspended entirely or for the lowest amount possible especially if you have never been arrested before.
The Florida DUI defense lawyer will use your cooperation and your remorse as other tools to work to reducing or suspending your sentence, so it is your own best interest to always make sure that you do as you are asked, be respectful and polite and always try to be as honest as possible. However, never give up your Fifth Amendment right against self incrimination by volunteering information that is not asked for or by answering questions until your lawyer gets there. Once your rights are read to you, buddy, you clam up for your own good.
A word of warning here: the police care zip about your rights. The very last thing they want to do is to read your Miranda rights to you. They will wait until the very last second that they legally can, claiming that they have not arrested you, even though you are sitting there cuffed and stuffed in their cruiser on the way to their jail. Unless you are in “custody” or “subject to custodial interrogation” you will not have the rights read to you. It is still in your best interest to avoid blurting things out and keep track of how many questions that you are asked while in what amounts to legal limbo- the cops say you are not in custody, but you say you are not as free as you were before they put the bracelets on you. Let your lawyer figure this out.
Florida Arrested for DUI: What it Might Mean for You
In Florida, arrested for DUI may mean the loss of your driver’s license for a minimum period of 180 for a first offense and longer for subsequent convictions, however, this period is dependent on your behavior during the actual traffic stop. If you refused the request of the arresting officer to complete a breath, blood or urine test to gauge the level of your impairment, you may lose your license for a full year in addition to any time levied by the court. When you receive and sign your Florida driver’s license, you agree automatically to comply with these tests when asked to do so.
Arrested for DUI in Florida may mean fines, court costs and other fees that can be quite expensive. For instance, the fine alone for a first time offender can be between $250 and $500. In addition, there are court costs, attorney fees and the other expenses to consider. It is estimated that when all is said and done, a first time conviction may lead to more than $8,000 in costs for the defendant.
In Florida, arrested for DUI may mean DUI School, which is a program that is meant to teach offenders what drunk driving may mean to the community at large as well as to the family of the offender. This school is paid for by the defendant and takes 21 hours to complete. The school can be completed online however, making it convenient.
In Florida, arrested for DUI will also mean possible jail time, meaning that for a first offense, you could be looking a sentence of six months or more without the benefit of a knowledgeable attorney who can help you get reduced or suspended sentencing and can help you keep your license in many cases.
Florida DUI Arrest: What Should You Do When They Are Arresting You?
A Florida DUI arrest can be very frightening for many people, especially those who have never been in trouble with the law before. From the minute that the red and blue lights are behind you to the minute that your case is resolved one way or the other, you may be unsure of what you should do.
The first step that you should take is getting through the actual Florida DUI arrest without hassle or problem so that you do not hamper your court case with additional charges such as resisting arrest, failure to comply with a police officer and others. When you are first issued a Florida driver’s license, you are giving your agreement to submit to tests such as breath, blood or urine whenever asked to do so by an officer of the court. If you do not, you are breaking this agreement and it could result in the automatic suspension of your license for a period of one year.
If an officer believes that you are impaired by either drugs or alcohol, the next step in your Florida DUI arrest will be to be booked into the jail. You may be able to be bailed out and will be given the chance to ask for an attorney to represent you. (This will be explained to you during the reading of your Miranda rights). After being bailed out, you will be given a hearing date and forms and information that you will need to read over, fill out and file. Having an attorney at this point is helpful because they can guide you through the process.
After a Florida DUI arrest, you may have several court hearings. Your case may be continued while the attorneys discuss what information they each need to give to the other (called discovery) and what should happen in your case. For instance, each side might offer a solution that they think is fair and the other side will review it and make a counter offer. What they come up with is called a plea agreement and may or may not be acceptable to you. The attorney cannot force you to take it, only suggest it and tell you what the alternatives may be.
Florida Drunk Driving Law: Zero Tolerance for Young Drunk Drivers
Florida drunk driving law has a zero tolerance policy in effect for underage drunk drivers. The legal limit for adult drivers is .08, for those who are under 21 years of age, the limit is .02. For many people, this small blood alcohol concentration can come from something as small as a few sips of beer at a party, meaning that you cannot drink any amount and legally drive in Florida. The whole point of the strictness of this section of Florida drunk driving law is to keep underage drivers from drinking at all, let alone drinking and driving. But hey, it happens, so make sure that you call your parents, apologize and then work toward making it right.
If you are arrested and convicted under Florida drunk driving law and you are under the age of 21, you may have your driver’s license suspended for six months automatically in addition to the fines and other punishments that you can incur. Other charges may be filed in your case, in addition to drunk driving and under-age consumption, which may lead to the arrest of others who may be involved at the time or before the fact. If you are underage and violate Florida drunk driving law, you do not just put yourself at risk, you are endangering others as well both while you are driving and afterward. And just think what your mother is going to say about this little adventure! While she will probably have plenty to say, she will also be glad that you are okay and will want to help you as much as possible.
It is possible that your conviction on this charge could run close to $10,000, depending on the additional charges that are added and other factors that must be considered. As a person who is under age, it is important to be honest and open with your parents because not only will they be helping you to pay your fines and other fees, they can be instrumental in helping get you back on track. In addition, the attorney will want your parents to be on board so that the court will know if it is facing the first of many arrests because of a previously undiagnosed mental health issue or if this is just a case of poor judgment on the part of an otherwise pretty good kid.
Florida Drunk Driving Attorney: Opting for Legal Representation
It is highly suggested that you have an attorney with you during any type of court case. Anything that could result in being sent to jail for any length of time, should be important enough for you to hire an attorney. Being convicted of drunk driving can put you behind bars for up to six months for a first offense, so it is important that you have a Florida drunk driving attorney to help get you through the court system.
It is commonly believed that one of the first things that will happen when you are arrested is that the officer will read you your rights, which inform you of your right to counsel and what happens if you cannot afford one. This is not technically true. Forget what you’ve seen in the movies and on television. The cops could not care less about your rights: the last thing they want to do is read them to you. Once they read that little slip of paper to you, they have to play by other rules.
Public defenders are great people; however they are very busy. They typically have little time to learn your full name let alone a whole lot about your case and must work as quickly as possible to get to their next client. If you can afford to do so, hire your own Florida drunk driving attorney for your case. It is in your best interest to do so.
When you start calling around, make sure that you are finding someone who specializes in this type of case. A Florida drunk driving attorney is one who has handled many other drunk driving cases and will know what to expect from the prosecutor’s office and the judge that is hearing the case. Make sure that you hire an attorney who will be willing to get the best resolution of your case.
A Florida drunk driving attorney can work with the prosecutor’s office to get you a plea agreement, however he cannot accept one for you, only offer legal advice. Once you do accept a plea, you will admit to the charge (or possibly an amended one) and be assigned your punishment which could include a fine, community service, jail time, probation time and the loss of your driver’s license.
Florida Drunk Driving Lawyer: Working by the Numbers
A Florida drunk driving lawyer is a very busy person indeed. There were a reported 34,638 DUI convictions in the state of Florida in 2006. Of those, slightly more than 4,000 were in the Hillsborough County (Tampa) area and nearly 3,000 were in the Pinellas County (St. Petersburg) area. (Source: The Florida Department of Motor Vehicles).
No matter how you cut it, the thought of being convicted of drunk driving is a scary one for most people, especially when you factor in the costs and what it could mean for the rest of your natural life. Even with the best Florida drunk driving lawyer, you will have the shadow of this moment on your record for up to 75 years. This conviction could affect the type of job that you get later in life because some employers will not consider those with DUI on their record.
When you hire a Florida drunk driving lawyer, you will want to ask several things including how many of his or her cases go to trial, how many of those were wins and what the average amount of time spent in jail for his or her clients might be. You also want to make sure that you understand the pros and cons of plea agreements and what could be offered to you. There is a chance that there will no plea agreement offered or accepted and even if there is one, the judge hearing your case is not obligated to accept it at all. As skilled and experienced lawyer can help you with your defense so that the judge will be more willing to accept the agreement.
Finally, make sure that you let your Florida drunk driving lawyer know how jail or other punishments could impact your family, which might be used to help get a more beneficial plea agreement in some cases. Again, the prosecutor might be unwilling to accept or offer a plea for one reason or another or the judge could throw it out despite the fact that both parties have agreed to terms.
Central Florida Drunk Driving Lawyer: DUI School for First Time Offenders
One of the things that even the best Central Florida drunk driving lawyer may not get you out of is the loss of your license after a drunk driving conviction. However, you might be able to get it back sooner if you agree to go to DUI School. This program teaches first time offenders not only for this conviction but for those convicted of other crimes as well. This may be a requirement before you get your license back in many cases.
A Central Florida drunk driving lawyer will explain what the school means as well as how you get registered for it and what it is likely to cost. He or she will also explain a number of other factors that could help you get through your case faster, such as requesting to take the DUI School before it is ordered. There are a number of payment plans to help pay for the school and the program is very beneficial to everyone; especially those who may have an alcohol problem that they need to identify and get help for.
The Central Florida drunk driving lawyer will help you get copies of the paper work that you will need to complete your registration for the class, which includes a court order (if you have one), the arrest affidavit or crash report, DUI citation, breath or blood alcohol level reading, your driver’s license number and photo identification. Most of these items will be given to you by the Central Florida drunk driving lawyer that is handling your case so that you can get started as quickly as possible.
The course itself consists of 12 hours plus a one hour psychosocial evaluation by a certified DUI evaluator. There are several methods of teaching including class lectures and discussions, handouts and videos. Classes are offered at several different times including days, evenings and weekends in four Florida counties (Orange, Osceola, Seminole and Brevard). Classes are taught in both English and Spanish.
Florida Drunk Driving Defense: Ignition Interlock for Second Offenses
When you are convicted of a DUI in the state of Florida, you may lose your license for a certain period of time. How long you could be without your license may depend on the Florida drunk driving defense attorney who handled your case as well as other independent factors of the case. After your license suspension period is up, you may be able to have your license reinstated. You may, however, only be able to do so on a limited basis in some cases, for instance only to drive to and from work or in other cases, you may have to have an ignition interlock device installed on your car.
The details of the device and what it means for you can be explained more fully by a Florida drunk driving defense lawyer, however it is fairly simple. For every car that you own, either by yourself or with another person, will have to have one of these devices installed on it. If you own or co-own five cars, you will have to have five interlock devices.
While the Florida drunk driving defense attorney may be able to get your case reduced somewhat, there may be no hope for the loss of license or the need to have an ignition interlock device installed. You are likely to have the court order for one if you are convicted of a first offense with a blood alcohol level of .20 or more or if there is a minor in the car or for a second offense. The length of time that you will have the device will vary, but during its use you will have to pay not only for its installation but the monthly calibration as well. This must be done by appointment and takes about 45 minutes each time. The cost is $170 ($100 deposit, $70 installation) plus $67.50 each month for monitoring and calibration.
This can be explained to you by your Florida drunk driving defense attorney, who will also help you file the papers that explain why you cannot afford to pay this. In some cases the amount will be taken from some of the fines that you have paid. The interlock device is meant to keep those who might be repeat offenders from re-offending.
Florida Arrested for Drunk Driving: DUI School and Other Facts
In Florida, arrested for drunk driving will possibly get your license revoked for anywhere from six months to several years. In addition, you may have to pay huge fees to get your license back, buy special insurance and go to DUI School. For a first-time offender, the program is fairly short, however for those who are repeat offenders or for others who have additional charges, the program increases to 21 hours, not including the one hour of evaluation and one and a half hours of registration. The cost of the school is paid by you, the defendant.
Also in Florida, arrested for drunk driving means that you could face jail time, depending on the charge or charges that you are facing as well as your previous criminal record. For a first time offender, that jail time could be about six months while for second offense, it could be much longer. If you are pulled over for drunk driving with a child in your car, you could face even more serious problems. At the very least, more jail time could be added to the drunk driving charge, however, you could face other, more serious charges as well.
In Florida, arrested for drunk driving means that you had a blood or breath alcohol limit of .08, the legal limit in the state. If you are under the age of 21 though, that limit drops to .02 and you will lose your driver’s license for a minimum of six months. In Florida, arrested for drunk driving is a very serious crime and if you are convicted, it will stay on your record for 75 years or more, which could prevent you from getting certain types of jobs or qualifying for lower car insurance rates.
Florida Driving Drunk: The Tale of the Drunk Driver
In Florida, driving drunk can be a very scary thing- from the time the cops pull you over to the end of your day in court; you are facing serious fines, jail time and other punishments. In addition to that, you are facing the disappointment that others will feel about you and the anger and frustration that you may feel for yourself. It starts with a party and ends with a lot of heartache.
The Florida driving drunk story is not a rare one, unfortunately, and it can often be one that has a tragic ending. There were nearly 35,000 stories that started and ended just like this one, more than 4,000 of them in the Tampa area alone. You walk out to your car after an evening out with friends and the next thing you know there is a cop behind you. If you are in Florida, driving drunk is one the worst things that you could do. If you think about all of the things that you are facing if convicted, you will understand how very scary the matter can be. It can be financially devastating to your entire family, especially when you consider that you might possibly lose your job because of this conviction.
And, the Florida drunk driving story does not end there. You could face the inability to get certain types of jobs as well as discounts on auto insurance because of your conviction. If it is a first offense, you will have fines of up to $500, possible jail time and community service. In addition, you will have to pay to have your license reinstated whenever you are eligible to do so. How long you have to wait depends on whether or not you were compliant with your arresting officer or not.
Florida Drunk Driving Accident: Damage to Property
A Florida drunk driving accident that leads to damage to property is of a first degree misdemeanor and the driver may face serious fines and additional charges. Those charges can include the initial drunk driving charge as well as the precedent cause of the accident itself. (Causes could include excessive speed, failure to yield, etc.) If the damaged property was very valuable, additional charges could be brought; in other cases, the owner of the damaged property is well within his or her legal right to bring a suit that covers the cost of repair or replacement of the property in question.
In addition to being penalized for involvement with a Florida drunk driving accident, the driver may face additional charges if there is a minor child involved in any way or if there is bodily harm done to another person. If the driver of the vehicle involved in the Florida drunk driving accident leaves or attempts to leave the scene of an accident before the police arrive, it is likely that he or she will be charged with a hit/skip accident in addition to drunk driving. If he or she tries to leave after the police are near or at the scene, the charge could likely be changed to attempting to elude. These are very serious charges and may take a simple misdemeanor to felony level in a matter of moments.
If you are involved in a Florida drunk driving accident yourself, assess the damage to the property. Make sure that no one is injured, including yourself. Phone for the police or have someone else do it. Take down all information for the insurance company and consider having an attorney meet you at the jail if you think you are going to be arrested. When the police arrive, be courteous, obey their directions, comply with requests and do not fight if you are, in fact, being arrested. You do not want to add resisting arrest to the other charges you are already facing.
Once you are arrested after a Florida drunk driving accident, you may be evaluated for injury, however if you are not, you will be held for at least eight hours or until your blood alcohol level is below .05.
Central Florida Drunk Driving Accident: Injury to Person or Persons
In Central Florida, drunk driving accident arrests are no rare occurrence. If you are involved in an accident, not only do you face the charges that can be filed against you, you face jail, loss of license, fines, community service and other expenses. How much jail time and how much it will all cost you depends on whether or not you have ever been convicted of drunk driving before and what type of accident you have been involved in. if you knock over a mailbox, for instance, you have committed a simple, first degree misdemeanor. However, if you knock down a mailman during your Central Florida drunk driving accident, then you will have moved up to a third degree felony. If the mailman dies from his injuries, the charge could become a DUI manslaughter, which could be a felony of either the first or second degree depending on your behavior after the crash. If you knew that you might have injured someone and left or tried to leave the scene anyway, you might be charged with a first degree felony.
A Central Florida drunk driving accident could result in other charges as well. For instance, you could be charged with what led to the crash in addition to the drinking. Were you speeding? Did you swerve to miss another car or did you simply run a red light? All of these can mean additional charges added to your case. If you are accompanied by a minor child (defined as anyone less than 18 years of age), you can be charged with additional crimes, including child endangerment, which can also change a misdemeanor or lower-level felony charge to second or first degree felonies.
There are hefty fines to be paid in a Central Florida drunk driving accident. You will have to pay for any property that is damaged during the accident as well as the cost of the medical care of any people that you have hurt in any way. Beyond the criminal court, you may also be facing civil court proceedings, especially if an injured party dies from the accident.
Central Florida Drunk Driving Law: Why You Need a Lawyer
Central Florida drunk driving law can be very confusing and in most cases you are better off consulting a lawyer for the case that is being brought against you. If you think that you are going to be okay by yourself, pick up a copy of the Florida state statutes and start reading Central Florida drunk driving law for yourself. For most people, only one paragraph is needed to convince them that the best bet is to let a professional help them out. Remember, you could face additional charges beyond just simple DUI and those charges could move you into misdemeanor or felony level punishments. There is no reason to jeopardize your future in any way when you can hire an attorney who may be able to help guide you as well as help get some of the additional charges dropped or amended.
Central Florida drunk driving law is very strict because of the cost and damages caused by drunk drivers every year. Thousands of people are killed in drunk driving accidents and millions of dollars of property are damaged, so the state of Florida has adopted a more stringent plan of attack, hoping to stem some of these violations before the loss of life and property climbs much higher. If you feel that you are being judged too harshly, remember that it is the rare person who is forced to both drink and drive.
To make sure that you are not facing charges you do not actually deserve, as well as to make sure that you do not accidentally waive any of your rights, you should consult a lawyer who is experienced in the area of Central Florida drunk driving law. Being represented by an attorney ensures that you are given punishment that is fair and consistent with the laws of the state and that you are not treated unfairly or unjustly during any part of the process.
Central Florida Driving Drunk: Jail and Probation Times for Offenses
In Central Florida, driving drunk can get you put into jail, on probation or both. The length of time that you get for either will depend on the exact nature of the charge itself, the number of prior convictions that you have on your record and if there was an accident involved in any way. For a first time offender who is simply charged with driving drunk, the jail time could be six months or less unless there is a minor child in the car at the time. If there is a child, defined by law as anyone under the age of 18, the jail time could be nine months or less. In addition, in Central Florida, driving drunk can earn you up to one year of probation time as well.
The time that you spend in jail for a Central Florida driving drunk charge as a repeat offender is increased, of course. Jail time for a second offense can be nine months or less. In addition, a second offense will get a mandatory ignition interlock device placed on your vehicle for one year. A third charge of Central Florida driving drunk may earn a third degree felony level charge and all that the law will allow to be assessed at that level unless it has happened more than ten years after the previous convictions. In addition, the third offense will get the defendant two years of the ignition interlock device and the expenses the device entails. For a third offense that happens after the ten years, there may be a fine of between $2,000 and $5,000 and one year or less in jail. The ignition interlock designation remains the same.
For a fourth charge of Central Florida driving drunk, it is a third degree felony no matter when any of the other charges are incurred. The minimum amount of fine for this level of charge is two thousand dollars and jail time is consistent with the felony codes of the state of Florida. Only an experienced lawyer can help you understand the charges and what they can possibly mean to you and only an experienced lawyer can help you make sense of the possible penalties that you might face.
Central Florida Drunk Driving Attorney: How to Find One Fast
If you are sitting in a drunk tank or holding cell and wondering if you need a Central Florida drunk driving attorney, the answer is yes. You need to be represented in court so that you can be sure that you do not agree to something that you do not fully understand and so that you do not give away any of your legal rights. You also need a Central Florida drunk driving attorney so that you do not mess up any of your paperwork, miss any court appearances or mishear any of what is said in court. Unless you hold a law degree or read a lot of law journals, you will not always understand what is said, which can make things very difficult for you. As you become confused and frustrated, you might say or do things that you do not really mean.
You should have a Central Florida drunk driving attorney, no matter if this is your first, second or beyond charge. For a first offense, the lawyer might be able to get the charge reduced, or even save you from having to face the DUI. For other cases, you may be able to make a plea agreement that will help you spend less time in jail or get only probation. You may not be able to discuss the case with the prosecuting attorney directly, which is why having a Central Florida drunk driving attorney is the best solution in the situation. Working out a plea agreement with the prosecutor is one of his jobs.
You will still have to pay fines and court costs. You may still lose your driver’s license for a period of time. You may even still face some jail time; however, the time you spend away from your family or without your license can be greatly reduced if you have a good attorney on your side. The right one can argue that you need to get your license back quicker and offer ways to help you get that done, such as attending DUI school or having the license be returned as conditional during your probation period.
Central Florida Arrested for Drunk Driving: Fines and Other Costs
In Central Florida, arrested for drunk driving can equal nearly $10,000 for a first time offender, and much more for those who are convicted of subsequent charges. That rough estimate of $10,000 can climb though if your car was impounded, there was an accident involved and if the accident involved bodily injury to a person. Even for a first time offender, causing personal injury may make the estimate of fines and other costs double. There are more expenses than many people can think of off the top of their head starting with the day of the arrest and on for a year to many years, depending on the exact case.
In Central Florida, arrested for drunk driving will cost you a fine imposed on you by the court. There are mandates that give minimum and maximum amounts of these fines at every level and the judge can impose whatever he or she deems fit. There are some judges who will always use the low end of the fines allowable and some who always go high. Fine amount may also be handled between the attorneys during the plea agreement. In addition to fines imposed by the court, you will have to pay court costs as well.
In Central Florida, arrested for drunk driving may cost you fees to reinstate your license, which you may lose for a set amount of time. This loss may be mandatory and it may not be possible to get it reduced. In that case, not only will you have to pay for the reinstatement fee, you will have to pay for DUI school in many cases, as well as pay for special insurance which is at a far higher premium than other, typical insurance costs would be.
Also, in Central Florida, arrested for drunk driving will cost you an attorney’s fee because without one, you could face even stiffer penalties. The fee that you pay will depend on the attorney, the difficulty of your case and other factors. It would have been cheaper to take a cab.
Florida DUI: Why You May Have More Hope Than You Assume
We all know the drill: guy gets pulled over; he tries vainly to appear sober as a church mouse and talk politely to the officer. Mr. Policeman is asking several questions- questions that if you were thinking more carefully, you would assume were meant to catch or trick you. Soon, you find yourself pulled out of the car and asked to complete field sobriety tests after having been reminded by the cop that you agreed to these tests under Florida DUI law when you signed your license umpteen years ago. You fail one of these tests and the next thing you know, you are being taken to the police station, about to be booked for a crime. Too scared to do otherwise, you agree to whatever the guys with guns and badges are telling you to do.
When you get calmed down, you may start thinking about things and realize you have some questions. Why did the policeman pull you over in the first place, for instance? What made him think that you might have been intoxicated, prompting him to ask for the field sobriety test? Was there anything that made him do these things or was it just an arbitrary thing? Being convicted of a Florida DUI violation can be a difficult thing to bear, in a lot of ways, so it is important that you do everything that you can to make sure that it does not happen.
The first thing that you should do is to call a Florida DUI attorney who can start by answering the questions that you have. Your attorney will review the arrest report from the evening in question, seeing exactly what is listed as the reasons for the cop pulling you over, etc. Florida DUI law is written to be tough on crime by the politicians who get elected by taking this stance. However, there are a lot of areas that are not taken into account with the law. Cops make mistakes; they are human after all. Your Florida DUI attorney may find a number of problems with not only the arrest but the initial traffic stop. All is not lost; a good attorney can help, that is for sure!
DUI Law: How a Law Can Become a Pawn
Everyone remembers the way a law gets written and put into effect from their high school civics classes. However, in reality all law, even DUI law, can become more politically motivated in nature, being used as a pawn by those who are seeking to be elected to office. Often these “tough on crime” politicians will vow to “crack down” on this crime or another in hopes of landing in office when they could really care less about the crime in question. For those who are basically law abiding, the tough new laws do not have a lot of bearing on their lives- however, for even the most law abiding, walk-the-line person, a tough change in the DUI law can impact them greatly.
When you find yourself on the wrong side of a DUI law charge, it is time to step back and calm down. First, keep this in mind: there is no such thing as a hopeless case. Laws are written by lawmakers and enforced by police. Laws are not perfect, not from the moment they are written, not from the moment they are accepted and enacted, and not from the moment that they are enforced. DUI laws are written by humans, enacted by humans and enforced by humans, meaning that there are a number of ways that errors can be made. These errors can change the way that the laws will impact you. But do you, the layperson, know the ways that errors can be made? Do you know the steps that should be followed and how a wrong step can impact your case? A good DUI lawyer makes a living knowing these laws and the changes that are made to them- and being able to point out the places that might be wrong.
If you are arrested for any kind of violation, including of a DUI law, call an experienced lawyer who can help you devise the plan of action that will be the most beneficial to you and your situation. Do not agree to anything without the advice of a lawyer. Do not volunteer any information. And, most importantly, do not panic. There is a light at the end of the tunnel- the light in your attorney’s office.
DUI Attorney: The Person Who Read the Rules
Comedian Jerry Seinfeld once did a routine about laws equating them to a group of children playing a board game. There was always one person who would debate the rules of the game and then there would be those who have actually read the rules (the lawyers) and one person who could make the lawyers accept what they said (the judge). As the pieces go around the board, there are bound to be disagreements and those who might bend the rules. It will be up to those who read the rules to keep the game fair. The same can be said for life. There are thousands of laws, and unless you have made it a hobby to peruse law changes over your morning cereal, you may not be aware of changes that could impact you. A DUI attorney has read the laws and the changes to the laws and will be able to explain them to you as they impact your pending case.
Many people assume that being arrested or held for a DUI or suspected DUI means that they are going to be automatically convicted, lose their license, be fined, jailed or suffer any number of other problems. This is not always the case. Unless you have a working knowledge of the DUI laws as they pertain to you, let the DUI attorney that you have hired worry about actual law and law practices. (That is what they are being paid for, after all, right?) There is no such thing as a hopeless case in the hands of a skilled DUI attorney who may be able to find the right defense for your pending case.
In the world of law, there are always changes that might impact your case. You must keep in mind that unless you know the rules, you need the help of someone who actually read them and knows the ways that they can be applied to different situations. Call a DUI attorney who can help you find the best outcome for your current solution. There is hope. There is a way to handle this obstacle and a way for it to come out for the best.
Florida DUI Defense: Why a Lawyer Can Help
Do you know the difference between a hopeless case and one that has potential? A Florida DUI defense attorney not only knows the difference but can help explain it to you in terms that you will understand. Laws are supposed to be written to protect the citizens from different crimes. However, there are problems with some of these laws. They are not always written to protect the people and they do not always take into account the way that the real world works. Laws do not always work for the people they are meant to protect; they may work against real people instead.
A Florida DUI defense attorney is going to be able to explain the case that the prosecutor has against you. The case is going to be confusing- laws are written with language that is not only confusing to the lay person but can be open to interpretation from lawyer to lawyer and from case to case. Unless you yourself are a lawyer, it is better to seek the help that you need for your Florida DUI defense so that you can have the best resolution of your case. Finding an attorney is not that difficult; however, too many people assume that they can just figure these things out for themselves or worse they may believe the statement that it is hopeless, that Florida DUI law is too clearly written for there to be any positive outcomes for their case at all, so why bother. If you want to believe that, then you need to come in out of the rain- you have been living in the gloom and doom for far too long. There are ways that the attorney can help you. There are different tactics and methods that can be taken with your case.
The law may say that you “will” have X punishment, including, but not limited to fines and/or jail time, but that is if you are convicted of that exact crime only. A Florida DUI defense may include the possibility of changing the crime that you are being charged with or having all or part of the charge thrown out. There are options. There are different outcomes that can be found. You simply have to have an attorney who knows the law as it is written who can help you find the best way to handle and resolve your case.
Florida DUI Lawyer: How and Why to Find a Good Lawyer
So, you were arrested for a DUI. Your first thought is that it is hopeless, that they have you dead to rights and that you should just roll over and cry. Being arrested is a scary, scary thing and most people will panic a little bit when it happens to them. After you calm down, log onto to your computer and start searching for a good Florida DUI lawyer- one that specializes in your type of case whether it is your first offense or your second. No matter what, do not panic. Do not assume that there is nothing that can be done. There is always hope, after all. There are many different ways that a good lawyer can change the outcomes of your case, and many different ways that your case could have been handled incorrectly from the start. A good Florida DUI lawyer will not only be able to spot these mistakes but find a way that the case can be resolved in a much more positive way for you.
The internet is one of the best ways to complete your search- and is much faster than trying to thumb through the old fashioned phone books. No matter which search engine that you use, enter “Florida DUI lawyer” into the browser window and then start narrowing down by not only the type of offense but by area or location as well. A side note here: do not simply use DUI lawyer or lawyer in your search window because you will be literally inundated by responses. Narrow your search down as much as possible, no matter what you are looking for. After the search has given you a few options to look into, you should view the websites offered by your choices. A great and flashy web site does not make a good Florida DUI lawyer, simply one who has a good web master, but one who is satisfied with a flat, boring or poorly done site may not be very skilled.
When discussing your case with a Florida DUI lawyer, make sure that you are honest and forthcoming so that they can help you as much as possible. After all, there is not a lot they can do if they do not know all of the facts.
Florida Arrested for DUI: What Should I Do Now?
In Florida, arrested for DUI may mean a number of things, but did you know that the outcome can be changed by many factors? Did you know, for instance, that your civil rights could have been violated in a number of ways during your arrest and you may not even be aware of it? After all, the cops are not going to be as blatant as what you see in extreme tapes on the reality shows or in movies- but do you know the subtle ways that your rights might be infringed? Unless you are an attorney yourself, the answer to that question is likely to be ‘no’.
If you have found yourself in Florida, arrested for DUI, your first step should be contact an attorney who can analyze not only the case as it is being presented but all the factors leading to your arrest in the first place. Did the cops have a good reason to pull you over? Do you know if they need to have a good reason to pull you over? Did they follow the steps that they need to? For instance, most people assume that if you are being arrested, that you automatically should have your rights read to you, mainly because they see that on cop shows and on movies. However, unless you are actually “arrested” the cops do not have to read the Miranda rights to you at all. In fact, they will typically try to hold off from doing so as long as possible. This is just another of the reasons that if you are in Florida, arrested for DUI and facing charges, you should call an attorney for help.
Not only will you be looking at a number of potential different types of punishments, which can include fines or jail time, you could be looking at the loss of your license for a lengthy period. Being arrested and then convicted for DUI does not just impact just you; it impacts your entire family as well. A good DUI lawyer will be able to tell you about the case and help you to devise a defense that is more beneficial to you and your case.
Florida DUI Arrest: Nothing Like the Cop Shows
We all have seen the shows and the movies: the cop pulls up behind a car, follows for a few moments and then hits the lights, pulling the driver over. After a brief conversation filled with comically (comical because it is not real, of course) slurred words and eyes at half mast, the cop asks the person if they would agree to submit to field sobriety tests. “Shore Ocifer,” the guy says with a befuddled smile, pouring himself out of the car. After spinning him back to facing the front, the cop continues with the tests and of course, the poor guy fails miserably. He is then read his rights, and gets a new Florida DUI arrest on his record. The guy is then taken to a cell where his wife, girlfriend or, in a really comic twist, both show up a few hours later to bail him out.
In reality a Florida DUI arrest may be very different from what is shown on the cop shows and in movies. First, the cop may not actually get around to reading you your rights- it is not their first intention after all. In fact, the cop may hold off reading you your rights afforded by the law for as long as possible. Simply being brought to the jail or the police station in handcuffs does not constitute being “under arrest”. Instead, the cops could be placing you in administrative custody or could simply be detaining you. (It is not the same thing as being under arrest in theory, but you are certainly not free to amble off to Starbucks for a latte, either.)
A Florida DUI arrest is nothing like the cop shows. There are no clever lines written for the biggest laughs. There is not a stereotyped cop or a laugh track. Reality is real and it can be brutal, especially if you do not know or understand the laws as they are written. The law is not on your side in most cases. Ignorance of the law is never a valid defense. What is on your side and what can be a good defense is a good DUI attorney who has experience handling this type of case and can help you find the best resolution possible.
Florida Drunk Driving Laws: Who Writes Them, Who Understands Them?
Take several people from different walks of life and ask them their opinion about Florida drunk driving law and you might be amazed at the wide range of responses and attitudes that you will get. The people who have been negatively impacted by drunk driving in any way will jump up and down and declare that the laws are not strong enough. The people who have never been personally impacted will say they do not have an opinion. The people who are currently dealing with a case may quietly slink away before the first group gets their scent and goes for blood. However, take any of those first two groups after having fallen on the other side of Florida drunk driving law and see how much their attitude has changed.
Florida drunk driving law is written by politicians who must make sure that they run their campaigns on a platform of very tough on crime stances. The people who are most vocal are the ones that these politicians will be targeting with their speeches and election promises. The tough on crime crowd will want stricter and more strongly enforced Florida drunk driving laws to be written, however, things are rarely cut and dried, black and white with the actual cases that involve people. The fastest way to change the opinion of a rabid, tough on crime person? Simple, arrest them for a similar crime.
The Florida drunk driving law in effect today will be enforced by cops who may not understand the changes tomorrow. It will impact the lay person who will not understand the way that the law is written or the way that it is enforced. Having an attorney is not only a good idea, it is absolutely vital because Florida drunk driving law is difficult to understand at best, unless you know exactly what you are doing.
Florida Drunk Driving Attorney: Five Tips to Finding a Good One
If you have been arrested or detained for a violation of the drunk driving law in Florida, the first thing you need is to find a good Florida drunk driving attorney. If you are not a person who knows a lot of lawyers or professional people off the top of your head, there are several ways that you can find the one you need, however, you should make sure that you are finding the right person for the job. Here are five top tips to finding a good Florida drunk driving attorney:
Tip One: Use the Internet to search for several attorneys in your area
No matter what your favorite search engine is, type in the keywords “Florida drunk driving attorney” and you will be given several thousand possible responses. Of course, you can further refine your search but you should start with the basics. After finding several likely prospects, start searching websites for further information.
Tip Two: Look at websites to further narrow your search
A great website does not mean a great Florida drunk driving attorney, simply a great webmaster. While there are times when they are one and the same, it is not always the case. You are not looking for flash and extras; you are looking for the attorney’s specialty, hours, fees, testimonials and details that might apply to your case. For instance, if you are Spanish speaking, it is imperative that you find an attorney that speaks Spanish as well.
Tip Three: Call an attorney
A great Florida drunk driving attorney will likely be busy, however they should never be so busy that your call goes unanswered, nor should you be put on hold and left there for long periods of time. You should get a response in fairly quick time by a live person or ,if you leave a message, a response as quickly as possible.
Tip Four: Arrange for a face to face meeting
Make sure that the Florida drunk driving attorney that you are talking to offers free consultations and then schedule an appointment. Sometimes the best person in their field is not going to work well with you- making them not the best for you.
Tip five: Know the best way to help your case
Speaking to your attorney about everything that is involved in your case, honestly and completely, is the only real option for your case. Your attorney will need to know the full details or will not be able to help at all.
Florida Drunk Driving Lawyer: Who is the Right Person for Your Case?
Two attorneys are possible for your case: the public defender who may or may not get the file containing your case until ten minutes before your name is called and the Florida drunk driving lawyer that you yourself hire. Which one has the most hope of getting the best resolution for your case? If you are planning on pinning your hopes on the public defender, you might not have more than optimism on your side. It is far better to get your own Florida drunk driving lawyer so that your case is given full attention.
The public defender’s offices, as competent as they are, are very busy people. The case that is put before them is just one of a very many cases that they will deal with. They are going to be less likely to work hard to get the right or best outcome for you and your case. Your own Florida drunk driving lawyer will not only work with you on an individual basis, but will work hard to resolve the case in the best way for you. For instance, there might have been incomplete papers or reports filed by the police that may not be noticed by another attorney.
The Florida drunk driving lawyer can use the incomplete files or reports to make your case even stronger. There are many ways that the attorney can work toward getting a better outcome for you- from getting the case resolved to even getting the charges reduced or, in some cases, dropped altogether.
The right Florida drunk driving lawyer is the one that can listen to you, pay attention to your case and then find the right resolution for you. If you are facing a drunk driving charge of any level, it is better to have a good lawyer who can help you. Your case is not helpless or hopeless. There are things that can be done to help you, but you have to have the right Florida drunk driving lawyer to get the right resolution.
Central Florida Drunk Driving Law: What You Do Not Know Can Cost You
If you are arrested and charged in central Florida, drunk driving law may seem severe and you might be convinced that there is nothing that you can do for your case. You pull up the Florida statues and start reading through them. They sound like they are pretty well written in stone and that there is nothing at all to do. What you do not know and what you will never be told by those sites, is that there is always something that can be done, especially when you have a good drunk driving attorney. You need an attorney based near you in central Florida; drunk driving law should be a significant part of his or her practice.
Florida drunk driving law says “you will be…” and “you will lose your license for x amount of time…” but, it does not tell you that not all cases are cut and dried. There are many elements that are involved in the making of a case that might seriously change the outcome- from the way your arrest or detainment was handled by the police all the way to the reports filed with the prosecuting officer. Unless you are aware of the ways that laws are made and enforced as well as the exact wording of these laws, there is really no way of knowing what can or cannot be done. A lawyer can explain your rights as well as the best ways to handle your case.
There is no such thing as a case that cannot be won. Find an experienced Central Florida drunk driving lawyer; cases handled by attorneys who are skilled in this area of the law can have far more positive outcomes than you would have thought possible. Do not allow yourself to become convinced that your case is hopeless. Laws are written to sound tough, but are used as guidelines and possibilities. The judge could review the case based on the facts that are presented and choose to give a more lenient sentence. The two parties (prosecuting and defense) could come up with a more equitable arrangement rather than going to trial in the first place. Do not read the statutes that are not written in the words of the common man and lose all sense of hope. Call an attorney and then let him do his job.
Florida Arrested for Drunk Driving: They Have to Read Me My Rights, Right?
Forget everything that you think you know about being in Florida, arrested for drunk driving. Forget everything that you think you know about being arrested and the law for that matter. Being arrested in real life is nothing like what you see in movies and on television. One of the biggest things that you will find out is different in the detention/arrest process is the reading of the rights. On television, the Miranda rights are one of the first things that is read to the person, sometimes during the moment that they are being put into cuffs. In reality, you might think that just because you are being put into cuffs and are being led to a police car, that you are in Florida, arrested for drunk driving. The cops may see this differently. Instead of counting you as “arrested” the police may be calling this moment a legal detainment or something similar. You are not technically under arrest until the police say so- and they are going to hold off saying those words for as long as possible. In fact, they may hold you until they are close to the deadline for having to let you go if they can.
If the police do hold you or state that you are under arrest, you may be held until your blood alcohol level returns to below .05 or after eight hours have elapsed since the time of your arrest. If they bring you in and question you, holding you in detainment pending test results before arresting you for the offense, they could theoretically hold you an additional eight hours- but would that constitute improper imprisonment? Do you know the answer to that question? Unless you are an experienced attorney, you do not know, yet another reason why you should hire a professional to help you with this matter.
Being in Florida, arrested for drunk driving is not the end of the world, unless you believe everything that you read. You might not know whether what the cops did was right or wrong, but you can believe that the lawyers for both sides will. Your attorney can figure out what might have been done incorrectly in your case and can build a defense accordingly.
Florida Driving Drunk: Attorneys Can Be the Answer You Need
So, you are sitting there this morning, bleary eyed and feeling a little queasy. Last night, you went out with some friends and you did something that you never, ever do; you were in Florida, driving drunk and got arrested. You log onto the computer and start reading the state statutes and are pretty well convinced that your goose is cooked, that all hope is lost. All of these laws are pretty strongly worded and you do not see any way around them. That is the point of the laws. You are not meant to see a way around them. Face it, laws are written by politicians who get elected by running a campaign of being tough on crime. They take the worst case scenario and then they run that horse to the crowd during election years and what do you end up with? You end up with laws that are black and white- written to take advantage of the fears of the common person with no room for individual situations.
Florida driving drunk laws are historically very tough and it would seem hopeless to the average person who is reading through the typical site. You do not want to sit around and read those sites for long, especially if you are getting ready for a preliminary hearing in your own case. You will become despondent thinking there is nothing that can be done. After all, the law will look pretty cut and dried on first read. There is always something that can be done, but it takes a good attorney to find exactly what that might be. You will never know your way around the Florida driving drunk laws without a law degree. You do not go out with a flashlight and a how to book to do complicated repairs on your automobile- you call a professional. You should not rely on what you are reading on a single web site to decide your fate- call an attorney and let them help you make your way through the murky and hazy atmosphere that is the legal system.
Central Florida Drunk Driving Accident: Steps to Follow
You have been involved in a central Florida drunk driving accident. According to your mother-in-law and a basic website, you are just about as, well, screwed as you could possibly be. Your wife is ready to wring your neck and you are debating on whether or not you should even “waste” your money trying to call an attorney.
First, it is not a waste of money to call an attorney. You are about to be involved with the legal system and unless you hold a law degree, you will need someone who can give you advice and help you find your way through this system. In addition, you should also have someone who can help resolve the case in a far more beneficial way. There are several steps that you should follow from the day the accident happens and on.
One: You are involved in the actual central Florida drunk driving accident. Make sure that no one involved is hurt at all. Assess the damage to the cars or structures involved. Someone should take pictures of this damage. The appropriate authorities should be called and drivers should exchange insurance information.
Two: If you are arrested or detained following the central Florida drunk driving accident, try to remain as calm as possible. Do not offer or volunteer any information, especially anything that could be twisted, taken out of context or used in a harmful manner later.
Three: Make sure that if the cops intend to file charges of impairment against you that the right steps are taken. Again, do not volunteer any information at all.
Four: Find and hire an attorney to help defend you against the charges involved in this central Florida drunk driving accident. While the information on the website that your mother-in-law so gleefully read from is probably true in its most basic form, it does not take into account the skill of an attorney and the possibility that mistakes can be made. There are a number of different aspects and angles that can be explored. Before you accept the words of a single website and your mother–in-law, speak to an experienced attorney who can let you know what your possibilities are under the law and how to best change those outcomes.
Central Florida Drunk Driving Law: Questions to Ask Your Attorney
A violation of Central Florida drunk driving law, according to the website that methodically lists the statutes, will equal this amount of jail time, this amount of community service, this amount of a fine and the loss of a license for this amount of time - no ifs, no ands and no buts. However, what this site neglects, very conveniently it would seem, to tell you is that there are often many factors that might influence the final outcome of your case. For this reason and the fact that you are not trained in the law, it is important to speak to and hire an attorney. But, you might wonder, just how do I go about hiring an attorney for my case? There are several questions that you should ask, including:
1. What is your specialty or field of expertise?
Most attorneys will have this information on their web site, their advertisements or with their phone book information. Find one that specializes in central Florida drunk driving law, with an office near to your area and the right attitude.
2. What are your rates and how do you charge?
In most cases, you will find that central Florida drunk driving law cases are handled in a fairly slow manner, with continuances and other legal wrangling that could lead you to get anxious and just announce that you want to plead guilty and take the sentence, right now! Do not ever do that! An attorney will be able to give you a general timeframe and options that could shorten the time you have to wait for resolution of your case. Most attorneys will bill by the hour or by the case- some offer a flat rate fee for the case at hand for instance. This is individual however and there is no one answer that is right across the board.
3. What is your win/loss ratio?
Central Florida drunk driving law is not a perfect animal - sometimes even the best attorney may not get the outcome that was hoped for. However, even a case that did not go exactly as planned will have gone far better than the client who did not have an attorney at all.
Central Florida Driving Drunk: Stupid Things to Do After Your Arrest
After everything is said and done, being in central Florida, driving drunk is not the stupidest thing you could do, but it certainly is high on the list. You have done something, or are accused of having done something, and now you have to face the music for that- but what you do after the arrest is made, after you are bailed out and are back home could affect and impact not only your own life but that of your family for many, many years to come. The stupidest thing that you could do after a central Florida driving drunk arrest is to ignore the pleas of your family to hire an attorney. (That is not to say that you, yourself are stupid, just that you should listen to your family).
In central Florida, driving drunk can mean many things, starting with the loss of your driver’s license and ending with a criminal record. This record could impact future jobs and other aspects of your life beyond what you would ever dream possible. Before you let that happen, call an attorney and discuss your case. There might be aspects that you would have never thought of on your own. If you are not a licensed attorney, there is no way for you to understand the entire way that the legal system works. You may be able to have the charges changed or reduced. You may be able to keep your license for special purposes (for instance, to drive to and from work during set hours of the day or week only). You may be able to do all of these things, but only if you have the benefit of having an attorney who is able to get these things for your in a more beneficial outcome to your case.
Central Florida drunk driving law is written and changed by people who rely on public sentiment and fear to get put into office. The politicians will run campaigns that are meant to take something that is very serious and then dramatize it, and moralize it until the facts are no longer visible under the rhetoric. Simply being charged with drunk driving or legal impairment is not necessarily enough to convict you- there have to be other facts presented in the case.
Central Florida Drunk Driving Attorney: Finding One For Your Case
Finding a central Florida drunk driving attorney is really not that difficult to do. You simply have to research the keywords and you will have literally thousands of options to look through. However, there are several other ways to narrow your search down a little bit, so that you are not only finding a central Florida drunk driving attorney who is near to you and will take your case for the right amount of money, but one that is going to get you the most beneficial outcome for your case as well.
First off, if you know anyone who has had legal problems at all in the past few years, get referrals from them. (Unless they will give their referral from behind a thick piece of glass, of course!) Other sources of referrals include professionals that you work with and admire and professional referral agencies. With these, you typically type in the name of the service that you need plus your area and the results will be generated immediately or, in some cases, emailed within the day.
Second, you can look at newspaper, television or other ads for a central Florida drunk driving attorney. You could take the opinion that an attorney who can afford a polished ad is doing well or you could have the opinion that one who needs to spend this much money to “drum up” business is not doing all that great.
Third, you can complete your search online, taking the results that you got from the keyword search and further refining them. Many sites have testimonial pages or forum pages where you can get a basic idea of how well the attorney does and what you might be able to expect. You could also get some information and support for what you are going through so you do not have to feel like you are so alone.
Central Florida Arrested For Drunk Driving: What if You Were Not Driving?
Once people hear that you were pulled over in Central Florida, arrested for drunk driving and just bailed out, they will assume that you are the worst of criminals. They will suddenly have visions of you recklessly careening down their suburban roads, bouncing off their parked vehicles and chasing down their dogs with a fifth of whiskey resting in your cup holder. But, they do not know the full details of the case at hand. They do not know that the charges might be greatly exaggerated, nor do they know that your attorney will be very likely to argue that you were not only not impaired at the time of the alleged arrest, but you were not even driving.
The point is simple: no one knows exactly what happened from start to finish. Each party only has the facts that are presented to them. This is exactly why if you are in central Florida, arrested for drunk driving, you absolutely have to call an attorney who will be the one in the best position to present your facts and dispute the other side’s assertions as well.
The prosecutor only has the facts that are presented to him by the police who are involved in the case. The prosecutor was not there, after all. What he presents in court is based on the words of the officers who filed the report. But what if the report that they filed is incomplete or, worse, is wrong on a number of levels? Will you be able to personally argue that fact? Will you have the right words to convince a judge that the report is not correct? Your attorney will be able to point out the inconsistencies, the errors and the other problems with what is being said.
The cop only has the facts that he has observed in the completion of his duties. Say that he pulled up at a roadside rest and found you sitting in your car. You are behind the wheel and when you are asked to step out of the car, the notable odor of alcohol impels the cop to ask you to submit to a field sobriety test. You debate the need, because after all- you were not driving. You further try to explain that you could not drive because your car is broken down and you are waiting for a tow truck. None of this matters to the cop who arrests you. If you do not have an attorney you will probably go to court and be convicted. If you do have one, it is likely that the many facts that can be shown will not only get the charges reduced, but may even result in getting them dropped.
Central Florida Arrested for Drunk Driving: Hiring Your Own Attorney
In central Florida, arrested for drunk driving may mean a number of different things, each with different types of outcomes. You may end up having a public defender assigned to handle your case, especially for the initial hearing and to set up the dates and times for the following court dates in the matter at hand. While the public defender’s office is a great and wonderful entity and should be commended, face it. They are very busy, they do not have the time to work on your case as a lawyer should and typically will not even have your information until just before your name is called. Go ahead and use the public defender for this moment if you must, but by all means hire a good attorney who is working for you- one that is dedicated to getting a better resolution of your case.
The state of Florida pays the public defender’s office a set fee per case - win or lose! While they will certainly do what they can to help you, they are not going to put in extra hours on your case; they simply do not have that kind of time nor frankly, the staff to do so. An attorney who you have hired will work for you- and can usually tell you up front what to expect from your case and what your best options are. Taking the right case to court is important for a number of reasons- you want to be able to present the right facts in court for your central Florida arrested for drunk driving charge.
Hiring an attorney for a central Florida arrested for drunk driving case is important because this is not something that is taken lightly; a conviction of this nature on your record can impact your ability to get a job and, in some cases, certain types of loans and even mean you can’t participate in certain programs. You will be carrying this smudge on your driving record for many years and your insurance rates will go up accordingly. You do not want to deal with all of this and should not try to do so, on your own. Hire an attorney who can help you make the best of the situation.
Central Florida Drunk Driving Defense: Convictions are Not Always Assured
The cop is pretty smug as he fills out his paper work; he is smirking and almost giggling at you. The prosecuting attorney looks pretty glib too; after all, he thinks he has this case all but sewn up. But, before they start high fiving each other and breaking out the victory songs, rest assured of this fact: not all convictions are guaranteed and a good attorney may be able to find an even better central Florida drunk driving defense that will not only shoot holes in the prosecutor’s case but possibly lead to the charges being dropped or greatly reduced. The most important factor to consider here is the attorney that will find the possible central Florida drunk driving defense in the first place.
For every case that looks like a bases loaded, grand slam homer in the bottom of the ninth, there will be a line judge who says the ball was foul and calls it all back. The beginning of your case should be a thorough discussion with your attorney who will go every detail, no matter how small it might seem, for the beginning of a solid central Florida drunk driving defense. There are many things that could be wrong with the case against you, starting with why you were pulled over in the first place. What if the cop pulled you over on a premise that does not seem plausible or could be proven to be false? Would that impact your case at all? Your attorney would know the answer to that question.
A central Florida drunk driving defense will take into account the details as they are presented by both sides and find the problems that might exist. There are resolutions that are more beneficial to you, resolutions that will only be realized with a skilled attorney on your side. Otherwise, you will face the music on your own and have to deal with whatever is thrown at you.
Florida Drunk Driving Plea Bargain: What is a Plea Bargain?
In the world of the legal system, you have several options. You can plead guilty to the charges as they are leveled against you and take the punishment that is meted out. You can plead not guilty to the charges and go to trial and hope for the best outcome. However, there is another option that is available to you in the form of the Florida drunk driving plea bargain, where instead of pleading one way or another to the original charges, you and your attorney work out a deal with the prosecuting attorney’s office to plead to a lesser charge instead. A plea bargain is a deal then for you to accept some responsibility for your actions but to get a lesser sentence or a wholly different charge. The best way, and in most cases the only way, to get this plea bargain is through your attorney.
The Florida drunk driving plea bargain is not something that the prosecutor’s office will offer to you directly. They do not care if you plead guilty, not guilty or insanity if you are not represented by counsel. They will take you to court and they will beat you simply because they know the law and you do not. However, if you have an attorney who knows the law as well as they do, they will be far more inclined to pay attention to the offer that is being made, will make a counter offer and the legal wrangling will begin. Eventually however, the two sides will find a compromise that is beneficial to both the state of Florida and to you, and the plea bargain will be struck.
You will not get a Florida drunk driving plea bargain offered to you first. You will not get very far working out your own deal without an attorney. Unless you really want to take your chances in court, you must have a good attorney representing you so that you can work out a good plea bargain that may allow you to avoid having a drunk driving conviction on your driving record.
Central Florida DUI Law: Who Writes the Laws?
If you ask a handful of your friends in central Florida ‘DUI law, who writes it?’ the answers might astound you. The most fervent libertarian or those who have been on the other side of the law might answer that the real criminals make these laws so that they can profit from your misery. The idealistic among your crowd will answer that the laws are written by those who only want to protect us. The realist among them will answer that in any state, in north, south or central Florida, DUI law is written by politicians who get elected into office tugging at the heart strings of the idealist and the doom criers.
Regardless of who is writing it, in central Florida, DUI law may impact and change your life if you should ever find yourself being charged with violation of one. The laws are written in such a way that it sounds like you would never have a chance. You can read these laws on a number of websites if you are ever interested in going mad with confusion. The only thing more confusing than laws to a non-lawyer is tax forms to a non-CPA. Before you become convinced that your case is hopeless and that you better start learning jail lingo, call an attorney working in central Florida. DUI law will make perfect sense to an experienced attorney who can also make sense of your case as well. There is never a hopeless case- only clients who have lost hope. The attorney will be able to help sort out the details and will give you a better understanding of what the possibilities are in your case. Sure, if you just go by the way that the laws are worded, it does look like you have about a snowball’s chance in central Florida, but with the right attorney on your side, it will look a little brighter.
Do not think that you have a hopeless case or that you are just wasting time and money. There is always something that can be done- regardless of what you think after reading the websites for central Florida DUI law.
Florida DUI School: What You Learn and What it Means
In Florida, getting arrested and convicted for drunk driving may mean many things. One of these can be the Florida DUI school. This school is meant to teach all drivers about the potential harmful effects of alcohol and/or drugs on their driving abilities. There are a number of locations and times for the Florida DUI school classes, and they are taught in Spanish as well as in English. In some cases, your attorney may be able to use your willingness to attend this school to get your charge amended to reckless driving instead of DUI.
Florida DUI school is typically a 12-hour course, with one hour of psychological evaluation. This will determine whether or not you may have chronic or ongoing problems with drugs and/or alcohol and therefore might be likely to repeat your offense. During the class there will be discussions, handouts, videos and other teaching tools so that you walk away better educated about driving while impaired and how alcohol can affect your whole life as well as your ability to drive safely and legally.
In addition to these lessons, the Florida DUI school will teach the different traffic laws that pertain to DUI and the DUI process in the state. Other lessons are taught as well during the course of the program including being able to identify your own drinking patterns. Finally, the student is taught about the numerous resources available in the community to help not only with their drinking but other issues as well.
If you are charged with a DUI and are facing court , call an attorney who will be able to help you with your case. If you can get a good resolution of your case by agreeing to go to Florida DUI school, then do not look at it as a punishment but rather as an opportunity. Having a charge of reckless driving and completion of DUI school behind you is better than having a DUI charge on your driving record.
Central Florida DUI Law: Attorney or No Attorney, There Really is No Question
If you are stopped and given a field sobriety test in central Florida, DUI law is nothing that you want to face alone. You want the support of your friends and family. You want to know that they are all going to rally behind you. You also want the assistance of a good attorney because there is really no question that you need one. In central Florida, DUI law is notoriously written to sound very tough and very straightforward. That is okay, it is meant to seem that way. It is not your job to understand the way that the law is written; it is the job of your attorney. You only have to be honest with your attorney and let him know every detail that you can give him. It is important for your case that he has all of the facts right from the start.
In north, south or central Florida, DUI law can leave you facing fines, jail time, community service and the loss of your driver’s license and that is just for starters. You could also lose your job and then find it really difficult to get another; you can face higher insurance costs plus the cost of reinstating your license. If you read the way the laws are written, you might shut off your computer, go to your bed, pull up the blankets and weep. However, what those law sites do not tell you is that there are always legal defenses that the average guy is not going to know. There are other details about your case that might be missed, overlooked or flat out ignored. There is always hope as long as you have an attorney on your side. Do not think you can walk into the court room and just smile your way through the case; without an attorney, you will be charged and convicted before you know what hit you.
The prosecutor’s office knows the law. The judge knows the law. But do you? Are you willing to bet your future on the facts that you just pulled from a website? Are you that confident in yourself that you would be willing to risk your own self and personal freedom on internet research? Call an attorney who understands and knows central Florida DUI law and can actually make sense of what is going on. It is in your own best interest to do so.
Central Florida Drunk Driving Law: The Need to Plead
In every courtroom drama or comedy, there comes a time when the judge asks “how do you plead” and the accused stands up and either wails and delivers a heartfelt “not guilty” or alternatively, gives his zinger line. However, in real life, when dealing with central Florida drunk driving law, it is better to let your attorney do the speaking for you and to leave the zingers for your own home. You are not the lead in a sitcom, after all. Your attorney will plead, most usually, not guilty and then the case will either be set for trial for further hearings if needed. (You will often have pre-trial or preliminary hearings a time or two before the actual trial gets under way).
In addition to speaking for you, your attorney will also review your case and decide whether or not you should try for a plea bargain that will give you a lesser or amended charge. In central Florida, drunk driving law violations are often dealt with this way. If that is an option in your case, and most attorneys will agree that it is, then the deal will be taken to the prosecutor who will ordinarily reject it. They say that in life, the first person to make an offer typically loses, however this is not always the case and in fact, in central Florida, drunk driving law and plea bargains mean both sides might actually walk away with the compromised version of what they would like to have had. The state of Florida gets what it was after, and you get a better resolution that is easier to handle in the long run.
In central Florida, drunk driving law can be very confusing and if you do not know what you are doing, you can accept some pretty heavy punishment. Before you agree to anything, speak to an attorney who can make sure that you are not shooting yourself in the foot by accepting a deal. Let the attorneys worry about the finer points of the law- that is what they have spent so many years in school for, after all.
Driving Under the Influence: What You Need to Know
One of the most common reasons for arrest is driving under the influence of alcohol. Regardless of your self-appraisal of your ability to operate a vehicle after you have been drinking, Florida DUI law requires that your Blood Alcohol Content (BAC) be less than .08 for you to drive legally. If you are under the legal drinking age of 21, that limit is reduced to .02, and Florida law has a strict no-tolerance policy about underage drinking and driving.
If you have suffered a Florida DUI arrest, you should speak to a criminal defense lawyer immediately. Don’t be embarrassed, because your lawyer is there to help you understand what penalties you may be up against in court, and minimize those penalties for your offense. In Florida, for a first-time DUI offense you can receive up to six months jail time, and a fine between $500 and $1000. A second offense can earn you twice the fine and possibly three more months in jail. Additionally, second-time DUI offenders are required in Florida to install an ignition interlock device on their dashboard at their own expense. This device tests a driver’s BAC, like a breathalyzer, before the car can be started. With the help of a Florida drunk driving lawyer, you can potentially lessen or eliminate these punishments.
There are many ways to change the verdict on your drunk driving case. Your case may be dropped or amended if you agree to pursue alcohol rehabilitation or personal counseling. If your drunk driving did not cause an accident, or any kind of damage, you are more likely to have your case dropped than if someone had gotten hurt because you may only have the single charge on your record. Your lawyer will be able to help you do everything possible to decrease the amount of jail time you will face and lessen the fines. While drunk driving is a large problem in the United States, and it is life threatening and irresponsible, your Florida DUI lawyer will make sure that one mistake does not destroy your entire life.
Drunk Driving Laws: When You Need to Speak to a Lawyer
If you live in central Florida and you have been arrested for DUI, it is important for you to know exactly what help you can get from a central Florida DUI attorney. Talking to a lawyer is imperative if you are facing DUI charges, especially if you were involved in an accident. A Florida drunk driving accident could potentially come with a whole slew of additional charges for you, depending on how many people were involved and the extent of the damage caused by the incident. If the drunk driving accident was fatal, you could potentially face charges of manslaughter, or even first- or second-degree murder depending on the circumstances. A lawyer will be able to help you determine the exact consequences of your drunk driving offense, whether it resulted in an accident or not.
DUI laws in Florida stipulate that even if it is your first drunk driving offense, you can face fines, jail time, possible vehicle confiscation, license suspension, and possible installation of an ignition interlock device. For a second DUI offense, you will definitely face jail time and your license could get suspended for up to two years. A lawyer will be able to help you determine which of these penalties you may face, and help you to lessen the blow of these punishments as much as possible.
It is a good idea to seek counseling and alcohol-related treatment after being arrested in central Florida, driving drunk. Performing these steps towards having better mental and physical health will improve your case in the eyes of the law, and help your lawyer get some of your charges dropped or amended. While a DUI arrest is not to be taken lightly, there are ways to clear your record, especially if you are over the legal drinking age and no one was harmed by your incident. Your lawyer is there to help you, not to judge you. If you want to clear your record of your DUI arrest, don’t be afraid to seek legal consultation, because it could be the most important decision you face after an arrest of this magnitude.
Driving Drunk: The Consequences, and What You Can Do
Although it is irresponsible and dangerous, people all over the United States make the decision to drive drunk every day. Some get arrested for this offense, regardless of whether or not anyone was harmed by their drinking and driving. If you have been the victim of a central Florida DUI arrest, you should speak to an attorney as soon as possible to begin understanding what consequences you may face, and how, if it is possible, to avoid them. The first thing you should do is seek legal counsel, and learn as much as you can about drunk driving law in Florida. A lawyer will be invaluable to this effort.
Central Florida DUI law explains that someone arrested for the first time who was driving with a BAC of over .08 can face license suspension for at least six months, fines, and possible jail time. The Florida state government also has the power to confiscate your vehicle, even on a first offense. A second offense has even worse consequences, including more jail time, higher fines, and the potential installation of an ignition interlock device in your vehicle. Your central Florida DUI lawyer should be well aware of the ins and outs of Florida drunk driving law, and will work to try and get your charge amended or dropped.
Often in the Florida state criminal justice system, drunk driving arrests are dropped or changed if the driver in question agrees to seek counseling, attend traffic school, or agree to alcohol rehabilitation. Your lawyer will know exactly how to use these tools to try and clear your record of DUI offense. One issue you may be wondering about after your arrest for your Florida DUI: hardship license. If you need to continue driving your vehicle because not being able to do so directly inhibits your ability to provide for yourself and your family, your attorney may be able to help you secure a hardship license so that you can continue driving your vehicle for business purposes. Drunk driving is a serious offense, but your lawyer will make sure that making this mistake does not ruin the rest of your life if it does not have to.
Florida DUI Law: The Next Step
Have you been arrested for DUI in Florida? Are you wondering what to do next? Well, your first step should be speaking to a Florida DUI attorney about your potential options, and the details of your case. Has your drunk driving resulted in an accident? How high was your BAC? Are you over the legal drinking age? Was your driving indicating any sign of intoxication? How many people were in the car? All of these questions are pertinent to your drunk driving case, and will help in crafting a Florida drunk driving defense that can leave your life and career intact after you have been tried.
Depending on the circumstances of your arrest, your cooperation with police forces, your level of intoxication, and especially whether or not you have caused an accident, you may be facing different charges. Drunk driving accidents can have accompanying charges that can be as serious as a first- or second-degree felony. Other misdemeanors, such as assault, often accompany drunk driving arrests. Your Florida drunk driving lawyer will be able to outline all of the potential penalties that come with your particular case, and they will explain the steps you need to take in order to minimize your punishment, or clear your record entirely.
According to central Florida drunk driving law, your first DUI arrest could potentially result in fines, license suspension, or even jail time. The best way to prevent this from happening is to speak to and hire a knowledgeable and effective criminal defense lawyer. Your lawyer is there to make sure that you suffer the lightest possible punishment for your offense. While drunk driving is a serious problem, it happens very often, and many of those cases are dismissed entirely because no one was endangered by the digression. It is important to learn from your mistakes, and drunk driving is never a responsible or safe thing to do, but a drunk driving arrest does not have to derail your life. With the right lawyer, you may be able to avoid going to jail, and simply seek treatment and counseling for your misdemeanor.
Florida DUI Law: All You Need to Know About Your Case
Whether or not you get pulled over and arrested, driving drunk is a criminal offense. It is common knowledge that there are many consequences for dunk driving, whether you are convicted of a DUI or not. Alcohol and drugs impair your judgment and your ability to physically function, so getting into a car after too many drinks is something that cannot be taken lightly. If you have, in fact, been arrested for DUI in central Florida, there are ways to stop the misdemeanor charges from getting completely out of hand.
The first thing you need to do is come to terms with your arrest and the consequences of your actions. This can be difficult, especially if your drunk driving resulted in an accident with injuries or fatalities. The guilt associated with putting your own life and others’ lives in danger can be difficult to live with. Seeking mental counseling can help with this guilt, and get you in a better place to prepare for Florida DUI defense. The second thing on your agenda, after mentally preparing yourself for your case, should be to speak to a lawyer who can help you prepare legally for your court case. Your lawyer will be able to walk you through the process of your trial, and help you understand the details of your case.
It is imperative that you speak to a good Florida drunk driving lawyer to kick-start your defense. Your lawyer will be able to explain to you the criminal justice process, and he or she will know exactly how to defend your particular case. If you are wondering what charges you may face under Florida DUI law, your lawyer will be able to explain exactly what consequences you could be subject to. For a first offense DUI, you may lose your license, face fines, and potentially serve jail time, and for a second offense the fines and jail time could be twice as much. Your defense attorney will help you to get your charges amended, recommend to you and the court that you seek alcohol treatment, and minimize your jail time and license suspension period so that you can get past this case and move on with your life.
Drunk Driving Accidents: Protecting Yourself
Have you recently been implicated in a Florida drunk driving accident? You should start learning the details of your case as soon as possible. Thousands of drunk driving accidents happen across the country every year, and many of them have disastrous effects on the lives of those involved, as well as those of their families. Regardless of whether or not you were personally responsible for the accident, there could be serious consequences to your involvement. If you were driving drunk, you could be subject to many charges, starting with a DUI, but potentially extending to a first- or second-degree felony, depending on the damage of the accident.
If the drunk driving accident you were involved in resulted in injury or fatality, it would be a good idea to begin preparing yourself for your defense by seeking both mental counsel to help you come to terms with your circumstances and legal assistance to prepare your defense. A central Florida drunk driving lawyer will be able to explain to you the precise consequences of your involvement with the accident. Depending on the damage, you could be facing anything from just the suspension of your license to a minimum of four years in jail. Although if the damage in the accident was excessive, and your BAC was high over the Florida DUI limit of .08, it may be difficult to get the charges dropped entirely, your lawyer can potentially arrange for you a plea bargain that will minimize jail time and other penalties of your accident.
If you are in Florida, arrested for drunk driving, and you’re afraid to act, remember that your lawyer is there to help you. Your criminal defense is vital to getting you through the justice system, and helping you to move forward after the accident. Cooperate with your attorney and your experience with the Florida criminal justice system will be as painless as possible. Being involved in a drunk driving accident can be devastating, but by taking the right steps now, you can prevent it from destroying your life.
Drunk Driving Arrests: What to Do Next
Central Florida drunk driving accidents are all too common. It is surprising, though, how many are unfamiliar with Florida drunk driving law, and the consequences of being arrested for driving drunk. For a first time central Florida DUI, an offender can face license suspension, potential vehicle confiscation, potential jail time, and fines. For a second offense of drunk driving in Florida, an offender can face even more of a fine and even more jail time, plus the possibility of having an ignition interlock device installed on his or her dashboard, which requires a breathalyzer test before starting the car. Florida is serious about criminal prosecution of drunk drivers, so if you have been arrested for driving drunk, you should be serious about your defense as well.
Your defense can make all the difference in your criminal prosecution following a DUI arrest. Florida DUI lawyers can be of major use to you in the preparation for your trial date. A knowledgeable lawyer can get your sentence amended to impact your life in the smallest way possible. If you seek appropriate legal defense, rather than paying exorbitant fines or going to jail, you may simply be able to attend alcohol-related therapy or counseling. Another way to amend your DUI verdict is by attending DUI traffic schools in Florida, or taking online alcohol awareness classes. Your lawyer will be aware of all these routes for success within the Florida criminal justice system, and will work hard to make sure you are given adequate guidance and representation.
It is important to remember not to take your DUI arrest lightly, regardless of the circumstances of the arrest. Some people are simply in the wrong place at the wrong time in these cases, but other drunk driving offenders cause accidents resulting in the deaths of many innocent people. Although a drunk driving offense does not necessarily need to derail your family, career, or education if you secure the right representation, it is something you should learn from, because next time you may not get pulled over and your poor decision could be fatal.
Florida DUI: What to Ask Your Lawyer
Many people wonder what are Florida DUI laws? It is important to know the details of Florida DUI law, especially if you were recently apprehended for drunk driving. The laws in Florida for DUI are very simple. Florida drunk driving law stipulates that if you are driving with a BAC of over .08, you are drunk in the eyes of the law, and can therefore be charged with a DUI. This can result in the suspension of your driver’s license for six months, a fine of $500 to $1000, the possible confiscation of your car, and even potential jail time. A second offense comes with even steeper consequences and higher fines. Also, Florida state law has a no-tolerance policy for underage drinking. If you are below the legal drinking age of 21 and your BAC is over .02, you can be charged with a DUI.
If you have been arrested for drunk driving, the first thing you need to do is find adequate legal representation to help you through the criminal justice process. A Florida drunk driving attorney will know exactly what to do to minimize the penalties associated with your arrest. Your lawyer will take you through all the steps necessary to have your case heard, and do his or her best to help you clear your record of the DUI.
Ask your lawyer about potentially having the charges amended or removed, as there are several ways to potentially make that happen within the criminal justice system. For example, if you promise to attend Florida DUI school or online traffic school, you could get your sentence slightly reduced. Additionally, agreeing to attend counseling sessions or committing yourself to alcohol rehabilitation are two good ways to avoid doing time in jail. Although drunk driving arrests are serious matters, they do not need to be earth-shattering events in your life. Everyone makes mistakes now and again, or is in the wrong place at the wrong time. Your lawyer is there to help you make this process as easy as possible, so don’t be afraid to ask questions and get help.
Drunk Driving: How the Law Works
Have you recently been arrested in central Florida, driving drunk? If so, you may be in a position to face the suspension of your driving license, fines up to $1000, and possible jail time. If it is your second Florida DUI, you may be subjected to the implementation of an ignition interlock device, or face longer jail time. The most important thing for you to do right now is to get in touch with a Florida DUI lawyer to talk about your options to settle your case in a courtroom, rather than pleading guilty and facing potential jail time and exorbitant fines.
In Florida, arrest for DUI can give you a permanent criminal record. DUI code in Florida takes the cases very seriously, as driving drunk is a large problem in Florida and nationwide, so it is important for you to secure representation for yourself that understands the details of Florida DUI law and can help you achieve the best possible outcome in your case. Your lawyer is present not to judge you, but to help you overcome this situation and move on with your life. Neither you nor your lawyer wants to see you in jail if you do not have to be there.
There are several options that you can discuss with your attorney regarding how you may lessen the sentence of your DUI conviction, or get the case dropped or amended. Some DUI cases in Florida are changed or dropped entirely if the offender agrees to attend counseling sessions, or seeks help with alcohol rehabilitation. Another option is attending DUI traffic schools in Hernando County Florida, or similar schools in other counties that will help you earn back your driver’s license faster. If you need your driver’s license because your career or your family’s well-being depends on it exclusively, your lawyer could potentially help you to get a hardship license so that you can continue operating your vehicle for business purposes while your license is suspended due to DUI. There are many ways in which a criminal defense lawyer can help you through your DUI case, so it is imperative to speak with one as soon as possible after your arrest.
DUI Law: How You Can Get Help
If you have recently been arrested in Florida, driving drunk, or you have been involved in a drunk driving accident, you may be nervous, scared, and confused, wondering what steps to take next. Driving drunk is a horrible mistake, and can endanger many lives, but if you want to make sure that your involvement in a drunk driving lawsuit does not completely destroy the way you live your life, it is important to act quickly and effectively as soon as you can following your arrest. Regardless of the circumstances of your arrest, a lawyer can help you lessen the consequences of your DUI as much as possible.
The first thing you need to do is speak to a Florida DUI attorney to help you set the record straight. How high was your BAC? Who was in the car with you? Was anyone injured in your drunk driving episode? Your lawyer will need to know the answers to all of these questions to be able to provide you with adequate defense in the courtroom. Court can be a bit of a process, but it will be worth it when your criminal defense attorney is able to help you encounter as few penalties as possible for your DUI. According to Florida DUI law, you can face up to six months without a driver’s license, fines up to $1000, and possible jail time for your first drunk driving offense. With legal assistance, however, you may only need to attend counseling or alcohol rehabilitation.
Your lawyer will help you get your case solved in court, or maybe even secure for you a central Florida drunk driving plea bargain to settle your misdemeanor outside of court. This is especially applicable to drunk driving accidents that involved injury or fatality, because they come with larger charges than just the DUI. Having a lawyer will be able to get you through this difficult time with as little pain as possible. Between counseling and legal assistance, you will be able to get past your DUI or drunk driving accident, and move on with your life as quickly and easily as possible.
Understanding the Florida Drunk Driving Law
What you need to know if you have been charged with a DUI
If you have been charged with a drinking and driving offense in Florida, you are going to be facing your day in court. You have probably been told about the Florida drunk driving law, either by the police or prosecutors, but you are still confused. Even though you have been charged, you do have rights, and there are many things you need to know. The laws can be confusing, and you need a qualified attorney who can help you to understand the charges against you and defend you from your corner.
What are the DUI penalties in Florida?
When you have been charged under the Florida drunk driving law, you face up to a five-year suspension of your driver’s license, and your fines can range from $250 to $2,000. You also may be ordered to perform a number of community service hours.
That’s not all either…you may have to take courses in alcohol education, and, depending on how serious your case is, you may also be facing anywhere from two days to two years in jail. Even if there is no criminal case, you still will face a six-month suspension of your license if you fail a chemical sobriety test and up to a one-year suspension if you refuse to take the test.
State laws can be complicated, and when added to the also complicated federal laws, you are going to need someone who understands the Florida drunk driving law and is on your side. An experienced DUI attorney will help you with all of your legal issues relating to your case, and may even be able to have some of your charges and penalties reduced or possibly eliminated, depending on the details of the case.
Having a DUI conviction is something that can affect you for the rest of your life. It will remain on your permanent criminal record, and you may even go to jail. If you are facing a DUI charge, contacting a reliable, competent attorney should be the very first thing that you do to ensure your own peace of mind. Even if it is a “simple” case, there are still things you can do to reduce charges and fines.
What are the Penalties for a First Offense in Florida Driving Drunk?
Everyone knows that the penalties for drinking and driving are stiff, and if there is an accident involved, the penalties can involve criminal charges. So, what can happen to you if you are found in Florida driving drunk?
If you have never been in a courtroom before, and even if you have, you are going to find the proceedings confusing. This is why you need an experienced attorney on your side. He or she will help you to understand the laws, and will see to it that you receive the best possible outcome.
Loss of License: Okay, so you’ve made a mistake, but even if this is your first offense in Florida driving drunk, you will be subject to a license suspension of six months to one year. When your license is eventually reinstated, you will have to take a driving test, pay any necessary fees, and have proof of insurance.
Fines: You will also be subject to fines ranging from $250 to $500. If your blood alcohol level was .20 or greater, the fine will increase to $500 to $1,000. Your attorney may be able to keep your fines to a minimum. People do make mistakes, and you don’t need this mistake to possibly damage your finances.
Community Service: You will be required to perform 50 hours of community service. Your attorney can help to arrange this. It may be possible that you can do something that is not really in the public eye, especially if there is the possibility of it affecting your job or career.
Education: You will also have to take a 12-hour DUI course.
Probation: You may be placed on probation for up to one year.
Incarceration: In more severe cases, you may even be facing jail time. If you find yourself in this situation, you definitely need the help of an attorney. A jail sentence can be as long as six months. If your blood alcohol reading was .08 or higher and you had a child in the vehicle with you, the sentence could be as long as nine months. A Florida DUI attorney will work to ensure that you receive no jail time, or at least receive the shortest sentence possible.
DUI Laws in Florida: Know Your Rights!
Even though it is something you never thought you’d do, and actually swore you’d never do, you made the mistake of drinking and driving. Now you’re going to have to pay the consequences, and obviously, you’re afraid.
Do you have any knowledge at all of the DUI laws in Florida? Obviously, you’re probably aware that there will be a suspension of your license, but do you know what else could possibly be involved here? You are going to need to hire an attorney to help you understand the laws, and make your case go through the system as smoothly as possible.
You Have rights
Just because you have been charged with a DUI, it doesn’t mean that your life is going to be ruined, and you don’t always have to go to jail. Having the correct defense attorney will be a terrific asset to you because they understand all of the DUI laws in Florida.
An attorney may be able to persuade the courts to let you serve an alternative sentence, such as:
Electronic Monitoring: This is commonly referred to as house arrest. You will be required to wear an ankle bracelet that monitors your location 24 hours per day.
Work Release: You will be allowed to leave your home to go to work at a predetermined workplace. The only other place you will be allowed to go is to medical appointments.
Rehab: If you have a drinking problem and you know you need help, your attorney may be able to persuade the courts to see this as well. You will be sentenced to an alcohol or drug rehabilitation program, which can be inpatient or outpatient.
Sober Living Facility: This is another great option if you have an alcohol or drug addiction. You will live with others who are going through the same things that you are, and be required to attend a 12-step program.
These are just a few of the alternatives to going to jail. Understanding the DUI laws in Florida will go a long way towards helping to protect your rights. Consult an attorney right away if you are facing a DUI charge. You may not have to go to jail. You have rights and options.
Attending DUI Traffic Schools in Florida
Traffic school: does anything else sound as boring as this? Well, if you have been convicted of drinking and driving in Florida, you will be ordered to go. But, think about it…it’s a lot better than having to go to jail, right? It’s only a few hours of your time, and you may just learn something!
There are a number of DUI traffic schools in Florida, and you can even register for some of these programs online. The special DUI programs currently available are:
Driving Under the Influence I
DUI traffic schools in Florida offer this program for first offenders. It may also be required for those with out-of-state DUI convictions, and those applying for a hardship license. This is a 12-hour program, taught by a certified DUI instructor.
Driving Under the Influence II
This 21-hour interactive program is for those with more than one DUI conviction. It may be a requirement when you try to get your license reinstated following an administrative suspension.
Victim Awareness Program
This is a program that DUI traffic schools in Florida offer to help offenders to learn how to change their driving patterns. The program shows how DUI incidents can impact victims and their families, as well as you and your own family.
SCRAM (Secure Continuous Remote Alcohol Monitor)
This is a tool that monitors you continuously throughout the day (as often as every half hour), and informs the courts, probation officers, and attorneys if you have been drinking.
You don’t have to wait in line to register at DUI traffic schools in Florida
If you don’t even want to take one of these programs, you certainly don’t want to wait in line to register for one. Well, if you have access to a computer and printer, you don’t have to!
If you plan to register in person for your DUI course, you may want to get the ball rolling with a pre-registration form, which you can locate online. Then, just fill out the forms, and bring them with you when you register. You will also need to provide photo ID, a copy of your court order, and other necessary information. You can find all of the information that you need online or from your attorney.
When Can You Apply For a Florida DUI Hardship License?
Just because your driver’s license has been suspended for a DUI, it doesn’t mean that you have to go the entire length of the suspension before you can drive a vehicle again.
You may be wondering, “How the heck does that work?” Well, in many cases, you may be eligible to apply for a Florida DUI hardship license. This will allow you do begin driving before the expiration date of the suspension.
What is a Florida DUI Hardship License?
A hardship license is one that allows you limited driving privileges before your suspension expires. Also known as a Cinderella license, occupational license, work license, restricted license or limited license, Florida DUI hardship licenses can give you back some of the freedom you have lost by not being able to drive legally.
Reasons to Apply
When you apply for a Florida DUI hardship license, you must show that you have an actual need to drive. For instance, if you can prove that not being able to drive will prevent you from working and earning an income, you can give this as your reason for needing a hardship license. There are other reasons as well, and your attorney will be able to provide all of the information you need.
There Will Be Conditions
Before receiving a Florida DUI hardship license, you will be informed of the conditions under which you are receiving it. You will have to complete a DUI course and any treatment that is recommended. There will be many fees involved, from the DUI course to administrative fees, and you are required to pay these.
You may also be required to have your own personal breathalyzer, or interlock ignition switch, installed. This device makes it so that your car will automatically shut off if your blood alcohol level is higher than the legal limit. If you have one of these devices, you will not be permitted to drive any other vehicles.
Your driving privileges will also be very limited. You will only be allowed to drive at certain times, and only in certain areas. These conditions may seem annoying, but having a Florida DUI hardship license is a whole lot better than having no license at all, right?
Your Florida Drunk Driving Attorney Can Help You Beat a DUI Conviction
If you have been charged with drinking and driving, a qualified Florida drunk driving attorney can be your key to having those charges dropped!
No matter how bad your case seems, you always have rights, and one of those is the right to an attorney. This is the person who is going to work hard to make sure that you don’t go to jail for your mistake.
The following are a few of the things that your Florida drunk driving attorney can use to get all DUI charges against you dropped:
Inaccurate Sobriety Tests – If any of the sobriety tests that you are required to take end up being inaccurate, your attorney will fight to have the charges dropped.
Anonymous Reports – When someone anonymously reports a possible drunk driver, that driver can not be legally stopped without another legitimate reason.
Illegal Stop – An officer cannot stop you unless he or she has a valid reason, such as a traffic violation. If you have been stopped for no apparent reason, your Florida drunk driving attorney will fight for you.
Weaving – You can not be pulled over just because you are weaving. This does not mean you are drunk…in many cases, you are probably just lost!
Miranda Rights Were Not Read – If the arresting officer does not read you your Miranda rights, you have a good chance of your charges being dropped once you get to court.
No Probable Cause – When an arresting officer does not have the proper facts to back up their case, you can fight the charges in court.
Outside Interferences – There are circumstances when you have ingested other substances, such as cold or asthma medication, that will affect chemical sobriety tests. Your Florida drunk driving attorney will help you prove that this is the case.
These are only a few of the many things your Florida drunk driving attorney can use to keep you from losing your driver’s license, paying heavy fines, and going to jail. Being charged with a DUI isn’t always the end of the world, and if you feel that you have been charged unjustly, you can fight the charges.
There is Life After Your Central Florida DUI Arrest!
When you are convicted of a DUI offense, you may lose a whole lot more than just your driver’s license! Sometimes, it may seem that following a Central Florida DUI arrest, your life will never be the same.
You can return to a completely normal life. The first step is hiring a qualified attorney to help you to get your life back on track following a DUI arrest.
Learn Your Lesson
If you have been arrested for a DUI, you may be required to attend a DUI class. Many people complain about having to do this, but isn’t it a lot better than some of the other options? After a Central Florida DUI arrest, you need to contact an experienced attorney who can tell you whether or not you will have to take one of these classes if you are convicted.
Getting Insurance After a DUI Arrest
A DUI arrest can be quite expensive, with fines, administrative fees, and other costs quickly piling up. One of the greatest expenses following a Central Florida DUI arrest will be your insurance. In fact, you may be required to carry an expensive high-risk policy for a number of years following the arrest.
Clearing Your Record
Even if you have been convicted of a DUI offence, you may be able to get the charge cleared from your record. There are a few ways you can do this, including:
Get a new trial: If there were any mistakes in your original trial, you may be entitled to a new one. If you are found not guilty, the original conviction will be erased.
File an appeal: If you aren’t granted a retrial, you can appeal the conviction. If your attorney can prove errors in the trial, the conviction will be overturned.
Expungement: After a period of time following your Central Florida DUI arrest, your attorney may apply to have the charges erased from your record.
Remember, you can’t do it alone. If you are facing hardships following a DUI arrest, you need to seek an attorney who will do everything they can to help you. A DUI arrest doesn’t have to ruin your life.
Central Florida Drunk Driving Attorney
Were you involved in a DUI incident in the Orlando area, and are now facing charges? If you were, you need to get in touch with a central Florida drunk driving attorney as soon as possible.
Even if you have been charged with a DUI offense, you have rights, and you need to know what they are. For example, did you know that there are a number of reasons that your charges can be dismissed? If you think that the police or the prosecuting attorney will give you this information, think again! This is why you need the help of an attorney.
You may be thinking that you can’t afford an attorney, so you may just as well use the services of a court-appointed public defender instead. Many law firms offer free consultations, so it won’t cost you a thing to set up an appointment and talk to a central Florida drunk driving attorney about your predicament.
In recent years, drinking and driving laws have toughened, and they are continuing to get tougher. Even if you have been charged with a DUI offense in the past, you may not be familiar with today’s laws. An experienced attorney will be able to explain the laws to you, and let you know how these laws may affect you.
If you are facing a second DUI offense, you are definitely facing jail time. A central Florida drunk driving attorney may be able to get your sentence reduced, or convince the court to allow an alternate form of sentencing, such as house arrest or work release.
If you are in need of help following your sentence, for such things as getting insurance or having your record erased, a central Florida drunk driving attorney can help you with this as well. From beginning to end, your attorney will be with you, fighting for your rights every step of the way.
Don’t wait to contact an attorney if you have been charged with a DUI offense. You need to know your rights, and you will need the great defense that a central Florida drunk driving attorney can give.
How to Handle a Central Florida DUI Offense
It happens. No matter how hard we try to always do the right thing, people do make mistakes. If you have made the mistake of drinking and driving, you may be facing some serious charges, depending on whether or not you have been involved in an accident. A central Florida DUI offense can mean a loss of driving privileges, fines, and even a jail sentence.
The first thing you need to do if you have been charged with a central Florida DUI offense is to contact a qualified attorney who is experienced in these types of cases. Sure, you can use the court-appointed attorney, but do they really work as hard as someone who actually specializes in handling DUI cases? You and your attorney will need to prepare your defense. Do you feel that you should never have been charged in the first place, because you were pulled over for no reason? Your attorney will know how to deal with this type of situation, as well as any other reasons there may be for the courts to forget about this central Florida DUI offense.
If the court does find you guilty, and you are to be sentenced, your attorney will work hard to see that you receive the shortest possible sentence, or even convince the judge to give you an alternative sentence. An alternative sentence could be house arrest, rehabilitation, staying at a sober living facility or work release.
Once you have completed your sentence, you can get back to your normal life. In fact, after a period of time, you can ask your attorney if he or she can get the offense completely erased from your record. This is a great help when it comes to getting decent insurance rates, and in some cases, even getting a job.
Don’t despair if you have been arrested for a central Florida DUI offense. Yes, there more than likely will be consequences, but if you know what you are facing ahead of time, and are prepared, the process won’t seem quite so rough, especially with your attorney right by your side every step of the way.
Were You Charged Following a Florida Drunk Driving Accident?
A qualified attorney can help minimize the consequences!
Have you been charged with an offense following a Florida drunk driving accident? If so, then you need to seek an attorney, and do it fast! No matter what the situation, you do have rights, and a qualified attorney will fight for those rights, working hard to see to it that you get the best possible outcome.
The drinking and driving laws in Florida can be complicated, and you may not be able to fully understand them unless you have an attorney present to explain them to you. Even if you have been arrested following a Florida drunk driving accident, it may still be possible to have these charges dropped. How is this possible, you may ask? Well, there are a number of reasons that charges of this type can be dismissed. For example, if the sobriety test you took was inaccurate, your attorney will take steps to make it inadmissible in court.
Of course, an arrest arising from a drinking and driving offense will result in the suspension of your driving privileges. If not being able to drive causes considerable financial hardship, you may apply for a hardship license, which your attorney will help you do.
If you have been involved in a Florida drunk driving accident that has resulted in injuries, you may not only be facing criminal charges, but a civil case as well. In most cases, the victim or their family is going to sue the alleged drunk driver. When this happens, your attorney can help see to it that you have to pay out as little as possible.
Once you have been arrested for drunk driving resulting in an accident, you are going to face a considerable hike in your insurance rates. You can be prepared for this by getting all of the information you need about insurance rates from your attorney, who may even be able to help you get better rates.
Being involved in a Florida drunk driving accident is a serious issue, but one that you will not have to face alone when you have a good attorney to fight your case.
The Florida DUI School: What is the Advantage?
If you are arrested for a DUI, you are probably thinking that there is really no hope- after all the statutes are pretty clearly written and fairly strict. However, unless you are a licensed attorney, you cannot make that assessment for yourself. Speak to an attorney who can not only lay out the options that are available to you, but can help make you make a better decision. Simply accepting the fate that is laid at your feet is not a great idea- and an attorney can help you find a far better solution. The Florida DUI School is one of those options.
The Florida DUI School is meant to teach not only the effects of drugs or alcohol on the body but other lessons as well. These include the effects of DUI, the physiological and psychological effect of alcohol and drugs, how a DUI impacts not only your own life but the lives of your family, friends and community. The Florida DUI School also gives alternative behaviors and attitudes towards drinking and driving. Not only do you gain new knowledge, but the DUI School can also show how much you will work toward not repeating the behavior that landed you there in the first place.
In addition to showing a good attitude to both the judge and the prosecuting attorney, the Florida DUI school can also give you new resolve not to repeat this offense if you are convicted. Offering to take the school without being court ordered to do so may allow you to have a reduced sentence or punishment. Your attorney may suggest volunteering for the DUI School during a preliminary hearing, possibly giving you a better chance of reduced charges or reduced sentencing.
There is no such thing as a hopeless case. There are always going to be options that a good attorney can find for you- and anything that you can do to help your case is worth pursuing. Your acceptance of the Florida DUI School can be very beneficial, from everyone’s standpoint.
What Are Florida DUI Laws?
In the world of laws and statutes, there are some that are thought of as more strict than others. For many people, there are no laws that are thought of as more strict than the DUI laws in Florida. Simply reading through these laws can be pretty scary to the lay person, because they would assume like most people that if you are arrested, you are pretty well set on a set-in- stone path with no options. What are Florida DUI laws? The simplest answer to that question is of course: strict. But, like any other law in the country, there is always room for interpretation and degrees.
What are Florida DUI laws? They are not perfect- no law ever is. There are always different aspects of each case that will need to be considered. There are always going to be problems and issues with the case that is being built against you. If there were not these problems, the world would never need lawyers, would it? Laws are written by politicians who want to be elected or maintain their office- they do by making sure that the stance they take on certain crimes will please the majority of the people to boost their chances at the polls. Imagine then that it is election year and there is a tragic car accident involving a possible drunk driver and, say, teens on the way home from a graduation party.
Everyone is out for blood, so the politician’s stance will be tough on drunk drivers. New laws will be written that are meant to take a zero tolerance policy on any impairment behind the wheel. But, what are Florida DUI laws in reality? Do they work in a fair and consistent manner? Will the laws take into account the fact that even cops make mistakes? Of course they do not, that is why there are lawyers.
Imagine this scenario now: a guy is sitting in his back seat. He is completely and totally snookered; he will be the first to admit it. But, he will also argue in his boozy and slurring voice, he is not driving. To be honest, the poor guy has no clue at all of where his keys are. But he is sitting in his car, he is drunk and the gung-ho cop arrests him for DUI. (A first year law student can get this charge tossed by the way). What are Florida DUI laws? They are strict but never going to be perfectly written, perfectly enforced or evenly punished.
Florida DUI Plea Bargain: The Negotiation Skills of Your Attorney
A Florida DUI plea bargain can result in a number of different things for your case: you could get a reduced sentence or the charge could be reduced from what you originally thought it would be. Do you need an attorney to get a good plea bargain? In nearly every case, the best answer to that question is yes. The prosecuting attorney may not even consider a deal without an attorney, and the judge may not allow one to stand even if the agreement is made. Face it, as a layperson, you need to have an attorney on your side so that all of the technical aspects of the law can be explained to you and the right plea offer can be made.
The old saying is that in negotiations the first person to name a price (in this case, the first to offer a charge, sentence combination) is the one who loses. When working toward a Florida DUI plea bargain, this is not always true. Your attorney will suggest a plea agreement that will be taken to the prosecutor. Whether or not the plea that is suggested is accepted or not will depend on a number of other factors. First, if you are first time offender, the prosecutor will be more likely to consider a plea agreement than if you have other charges and convictions on your record.
After considering your attorney’s Florida DUI plea bargain offer, the prosecuting attorney will either accept or make a counteroffer. Once the counteroffer comes in, your own attorney will consider whether or not the agreement is fair or whether or not you should go back to the drawing board. You may have to go back and forth a few times before one side or another of the sides decides that there is no chance at all and the case must go to trial. The final decision of whether or not to accept a Florida DUI plea bargain offer is up to you completely.
Work Exemption for DUI Florida: What it is and What it Does
If you are facing the revocation of your license, you might be able to ask for a work exemption in certain cases. Having a good attorney going to bat for you is a good idea and may be necessary so that you do not cause your family any further problems. Think of it, if you are the bread winner in your family and have just lost your license for a long period of time, what will you do?
Asking for the work exemption for DUI Florida is not as simple as announcing that you have a job, after all, most people do. You have to show that there is a justifiable reason to give you an exemption from the written laws of the state. In addition, you have to show that you personally deserve this exemption as well. You will not automatically get this judgment - you have to work for it. This is yet another place where having an attorney is the best for you. Your attorney will be able to argue that the state of Florida and your community will be better served by allowing you to work and continue to provide for your family.
The work exemption for DUI Florida should not be confused with a change in your sentence or your charge in any way. You are only being granted the right to drive to and from work, and there may be further restrictions as well. You may only be allowed to drive at certain times of the day, for certain distances and face other restrictions. In addition, you may have to have the ignition interlock device installed on your car to qualify for the work exemption with a DUI Florida conviction. The judge will explain all of the restrictions to you, as will your attorney. You should also know that any violations incurred during the work exemption may result in new charges being filed in addition to the original charges.
DUI Laws in Florida: From First Offense and Beyond
The DUI laws in Florida are written in progressive terms. The punishments for a first offense are laid out in a set pattern with the length of license suspension, fine, possible jail time and community service period and beyond. Each of these factors will be changed for a second offense, a third and so on. However, one thing that you should know about the DUI laws in Florida is that they are not perfectly written nor are they written in stone. The first thing that you should do when you have been arrested and are facing a charge under any of the DUI laws in Florida is to speak to an attorney for all of your options.
The lawmakers want you to think that the minute you are arrested that there is nothing that you can do, that the laws that are written are meant to be strict with no exceptions. The average person will probably think that they have absolutely no recourse under the law when they are facing a conviction of any kind under the DUI laws in Florida. However, before you just hang your head and accept your fate as decided by the courts, you should consult a lawyer who can work with you and with the prosecuting attorney in the hopes of finding a good and equitable resolution of the case that benefits both your own personal case and the needs of the Florida community at large.
The DUI laws in Florida are some of the toughest in the country and they are notoriously strict. Knowing this, when you are facing a court appearance, you may think or may have been told that you will face various sentences. You may even have friends and family who will love to regale you with the horrible things that happened to them or to people that they know who were in the same situation. Instead of listening to these people, find and hire an attorney first and have them explain the DUI laws in Florida and what you may be facing if convicted.
Cops Fake DUI in Florida: Facing Trumped Up Charges and Other Legal Jams
You are arrested for DUI. Does that automatically mean that you are convicted? Of course not!
Does an arrest automatically mean that the charges that are brought against you are going to go to trial? Again, of course not!
You should know that there are a lot of things that can happen between the moment of your arrest and the moment that your case is resolved one way or the other. The first thing that you should do after being arrested and charged with a DUI is to consult an attorney because whether we like it or not, cops fake DUI in Florida, cases can be built on really shoddy evidence and in some cases, evidence is not ever found or presented at court. Is this saying that cops are bad or that all DUI cases that are brought to trial are poorly created? No, of course not- most of the cases that are brought to trial in Florida courts are well constructed and completely proper.
When cops fake DUI in Florida, it might be because of a number of reasons, but this is exactly why you have to call an attorney to help handle your defense. After all, you do not want to be charged and convicted of a crime that you should not be- you do not want to roll the dice on a charge that is not even close to right. Think of the scene: you are waiting for a tow truck because your car’s engine has basically given up the ghost. The wait time you are quoted is about two hours. Across the way is a corner bar, the kind of place where you walk in, watch the last of a game, drink a beer or two and then leave. You kill off the two hours and then go back out to wait for the truck. After a few minutes, you decide to call the tow truck again- only you are a little woozy on your feet so you sit in the driver’s seat of your car to make the call. And that is when the little red and blue lights come on and the cops have you. You are not only being arrested, but you are being charged with DUI- even though you have not driven all day and the keys are in your pocket.
The cops fake DUI in Florida- and you can let them continue to do so, allowing yourself to face charges that you do not deserve, or you can fight back by hiring an attorney and making sure that you do not spend time in jail for a crime you did not really commit.
The DUI Ignition Lock Florida
The DUI ignition lock Florida is typically used after you have been re-issued your driver’s license, however there may be times when it is used instead of an actual full suspension. For instance, you may be forced to have one installed if you are given a work exemption or hardship license. There are several things that you should understand about how the program works, including the fact that you will have to pay fees and will also have to deal with time-consuming appointments for every month that you have the DUI ignition lock; Florida is strict that way.
For DUI ignition lock, Florida charges a fee for installation ($70), a monthly monitoring and calibration fee ($67.50 for each month) and a refundable deposit for the unit ($100) for a grand total of $237.50 or more for the first month that the interlock device is in place. In addition to these charges, every month that the device is in place you will have to call and make an appointment to have it recalibrated. These appointments take around 45 minutes each time.
How does the DUI ignition interlock Florida device work? You get into your car and breathe into the device to start it. After five minutes, the device will beep and you must breathe into it again. While driving, the interlock device will beep about every 30 minutes or so, meaning that you will again have to breathe into the device to continue driving. Every single time that you have to use the device, a report is sent to the Florida DMV. In addition, you can see these reports for yourself on the internet. If at any time you look to see your reports and disagree with a result, it would be in your best interest to immediately call your attorney for further instructions, which may include having a secondary test done immediately to prove that the calibration is off, so this is not a time to keep secrets from your lawyer at all.
Expunging DUI in Florida: How to Wipe the Slate Clean
After you have been convicted of a crime of any kind, it is generally thought that it will follow you around forever. There are times however when you may be able to have these crimes wiped away, almost as if they never happened. Crimes, especially certain categories of crime, look bad on your record and can keep you from getting jobs or from certain types of social assistance programs. They may even keep you from being able to apply for certain colleges or getting grant money to attend schools. If you are going to be looking at expunging DUI in Florida, you need to have an attorney who can not only tell you the steps you must follow but can also let you know what your chances are, realistically.
Expunging DUI in Florida does not change the facts of the case in any way; however it changes the way that your criminal record reads. In most cases, an expunged case will look like it never happened, however in some cases and at some levels of back ground check, the expunged crime will still show up. There are some judges who will not expunge the record except in rare cases and other judges who are more amenable to doing so. A skilled attorney will know which judge is most likely to hear your case in the most fair manner and be most likely to grant the request.
What are some of the things that can help you when you speak to an attorney about expunging DUI in Florida? First, you should not have had any secondary charges filed since the DUI of any kind. Second, you should be able to show the judge what you have been doing since the original charge to better your life and your community. This could include getting a better job, gaining or finishing an education or other factors. Being able to have upstanding community leaders speak or write letters on your behalf could be beneficial as well. Finally, your attitude should speak of a continued commitment not only to sobriety but of being a law-abiding, contributing member of society.
Felony Probation DUI Florida
There are different levels of probation, just as there are different levels of crimes and charges. When you are put on felony probation DUI Florida, you will be assigned a probation officer and will have a set of rules that you must abide by. The probation officer will tell you how often you have to check in and how best to do so; in addition there will be other rules that you have to comply with set by the state of Florida, the parole authority and by the probation officer themselves. Within reason, you will have to abide by the rules because the probation officer can file a probation violation (PV) on you at any time. A PV could impact your case- and could get your probation revoked completely. If you had a suspended sentence imposed on you, a PV could get it reinstated and additional time could be added if the charges are serious enough.
For starters, you will have the responsibility of reporting with a felony probation DUI Florida. The probation officer will tell you exactly what will be needed when reporting as well as exactly what to report. For instance, you will need to immediately report to your probation officer (PO) if you are involved with the police for any reason. (For instance, if you were involved in an accident or you were the witness or victim of a crime.) You also need to report if you move or change jobs and if you have completed any part of your sentencing. Say that you have completed the last of your community service- you would need to report this to the PO so that they know and can update your file. Failure to report as required and at the right times could cause a PV to be filed on you so it is important. In most cases it is nothing more than calling an automated system.
The rules for a felony probation DUI Florida could forbid you associating or consorting with other felons. Often they will state that you do not drink while on probation and you could also have other conditions, including restrictions on gun ownership.
Finding a Job with a DUI Conviction Florida
Finding a job is no easy shakes in this economy. You are fighting upstream with every salmon in the pond for the same clear water pool. The people you are standing shoulder to hip with in line for three open slots are college educated, highly skilled and just as desperate as you are, Jack. Now, picture finding a job with a DUI conviction. Florida has some of the toughest DUI laws on the books, which is one of the major reasons that you must have a lawyer on your side to help fight the charges and possibly get them reduced if not thrown out altogether. It is bad enough trying to find work without having to face finding a job with a DUI conviction.
Florida is a large state, with many people coming to spend their tourist dollars every year. It is also the home to some of the largest universities in the country, churning out more and more eager young faces, with fingers clutching their barely dry degrees and diplomas, looking to compete in an already clogged job market. For anyone finding a job with a DUI conviction, Florida can be a tough place at best. Given the choice between the young, inexperienced kid with the unblemished record or you with a DUI conviction, who do you think the employer will go with? In all honesty, who would you pick if you had to make the choice yourself?
An attorney can help you; fighting the conviction of the original charge of DUI is the first step you should take. Once you go to trial or, worse, once you accept the charge and the sentence as it stands, it is on your permanent record and can change the way that you manage to do everything. Finding a job with a DUI conviction Florida is difficult, especially if you know that there was more that you could do to fight it. Make sure that you do everything in your power to protect your record and your good name so that you do not have to fight so hard to get a job- especially now.
Florida DUI Car Insurance
There are many reasons that you do not want to get pulled over, arrested, charged and convicted for a DUI. First, you do not want to be jailed for any reason, for any length of time. Second, you do not want to have to pay high fines or face community service or other sanctions. Finally, you do not want to deal with all of the additional expenses that such a conviction could cause. Expenses can include not only the fines, but the cost of dealing with your driver’s license and the increased amount you will pay for Florida DUI car insurance.
Once you have been involved in an accident or arrested for a driving related offense, the price of your car insurance will almost certainly go up. The amount that it will go up after a DUI might be incredible. Florida DUI car insurance is going to be necessary for you after you have been convicted of a DUI- and you will have to start it once you go to get your driver’s license back. It is technically called high-risk insurance and it costs more because the underwriters of the policy feel that you will be likely to cost them more- hence the term “high-risk”. While you may have been a good and loyal customer for some types of insurance for many, many years, you may have to change because not all companies cover high-risk policies- meaning that you will have to establish a professional relationship with a whole new set of people.
Florida DUI car insurance is more expensive than other insurance types because of the increased risks and will need to be carried for a set amount of time. Your attorney or insurance agent can help explain how long you will have to have this particular type of policy. After this time period has elapsed, you may be able to transition to the lower cost insurance, however this is not always going to be true. You may be carrying the higher cost insurance for as long as you drive in the state of Florida.
DUI Costs Florida
How much does a DUI charge and conviction really cost you? The actual amount can vary depending on whether or not you have an attorney present with you or not. The cost of the attorney should be considered an investment in protecting your future, both for the sake of your criminal record and your finances. DUI costs Florida vary and will depend on your previous record first of all.
Fines are one of the most obvious DUI costs. Florida starts with not less than $500 and not more than $1,000 for a first offense, however some of this amount can be suspended in some cases. For subsequent convictions, the amount of the fine will go up- however the key word here is “convictions”. Simply being charged is not the same as being convicted, which is something that you should keep in mind. An attorney can not only argue that your fines be reduced or suspended, he or she can also try to get the charges amended so that you face less punishment.
DUI costs Florida also involve the cost of getting your license reinstated, which can be quite expensive as well. If you are going to seek the right to have your license for work privileges, you will still have to pay a fee and may have to argue this point in front of a judge. Again, having an attorney can help you get this approval. Finally there are other costs that you may not think of immediately. You may have to pay for public transportation. You may have to deal with time lost from work. While there are those who say “don’t drink and drive, simple”, those people do not know everything. There are things that happen in life, and they do not always happen the way that the courts, the cops and the prosecuting attorneys say they do. That is why we have attorneys for both sides- to keep the courts fair and to keep us from tossing all of our civil liberties to the wind. And that, my friend, may be the biggest DUI cost of all.
Reinstate Driving Privileges for Florida DUI
After you have completed your suspension period and have complied with all of the court’s orders, you will be eligible to reinstate driving privileges for Florida DUI. You may be able to apply for an early reinstatement for hardship, but you will be given some severe restrictions to comply with at the time. This may restrict the time of day that you can drive, the distance you can travel or the passengers that you can have with you. In addition, you will have to enroll in and complete the Florida DUI School as well in most cases.
To reinstate driving privileges for Florida DUI, you will also have to pay some major costs and take a required examination. First, you will pay $115 in administrative fees. Second, you will pay a $35 reinstatement fee and additional license fees if required. You will also have to furnish the proof of insurance at the time of the reinstatement as well. The cost of your insurance will be higher because after a DUI conviction, you are considered to be high risk by most major car insurance companies.
The cost to reinstate driving privileges for Florida DUI after a subsequent conviction will be higher, , and will take longer to accomplish. In addition, to these costs to reinstate driving privileges for Florida DUI, there is the potential for the additional expense of an ignition interlock device being placed on your vehicle. This cost will include the fee to install the device and the monthly calibration fee while it is in place. You will have to pay a refundable deposit on the device that will be around $100 in addition to the other fees that are assessed. The length of time that this ignition interlock device is in place will vary depending on a number of factors.
The attorney you hire for your case can help you to prepare for some of fees and other steps you will have to take to reinstate driving privileges for Florida DUI. In addition to working to reduce your charges and fight against some of the sentence that can be imposed, you will have to be prepared for the next steps as well.
DUI Dropped to Reckless Driving in Florida
The cops can say what they want. They can arrest you for whatever they think will fly. The charge that is actually brought against you may be far different than what you were so smugly threatened with at the time of your arrest. You may not even face anything near what you were expecting. In some cases, it is because the prosecuting attorney knew that he had zip, zero, zilch to go on. In other cases, your own attorney can blow holes the size of small Suburus in the case that has been so carefully built. No matter what, there is the chance of a DUI dropped to reckless driving in Florida.
Is there a reason that the charge could be so reduced or changed? Of course. The case may not be airtight. The prosecuting attorney may have missing documents or the police may have failed to follow proper procedure. You may not have been correctly processed; a million things can go wrong with the case. Your attorney’s first step will be to argue that the case should thrown out based on these technicalities. If that should fail, then amending or reducing the charges will be the next plan of action. DUI dropped to reckless driving in Florida can happen, but only if you have an attorney on your side. Most people assume that once they’ve got you, they’ve got you and there is nothing you can do- untrue! If you knew how some of the cases that get tried got started you might rethink that whole doomsday stance.
Getting DUI dropped to reckless driving in Florida is not saying that you got away with something and you are free to go off willy-nilly into the warm Florida night- you are just being charged with a lesser crime with lesser penalties so that you can go back out and resume being a law-abiding, contributing member of Florida society once again. This type of reduction is not going to work for a third or fourth conviction after all (unless the cops really messed up, big time), but will be a fair attempt for a first time offender.
DUI Fines in Florida
Having to give up any of your hard earned money for a crime is a bad thing- DUI fines in Florida can mount up quickly and can cause your family serious financial hardship. A good attorney can potentially get those fines reduced or even suspended in their entirety, meaning that you do not have to pay them at all, provided that you can stay violation free for a certain period of time. In addition, the attorney can argue that instead of paying fines, you do community service instead.
DUI fines in Florida start at not less than $500 for a first offense, with a maximum amount of $1000. In addition to these fines, which increase with each additional conviction on your record, you will have to pay for higher car insurance, DUI school and possibly even an ignition interlock device for your car. For these reasons alone, it is important to have an attorney who can work toward making sure that you are not convicted in the first place. If that plan does not work, getting the charges amended or reduced can also lower the amount of DUI fines in Florida that you have to pay.
If your DUI fines in Florida are suspended and you violate the terms of this suspension, for instance by being charged with an additional DUI or other related offense, the original fine amount may be reinstated along with additional fines that are imposed on the following charge. The judge will be less likely to agree to suspend your sentence if you have just gone out and done the same thing again, even if you do have a brilliant attorney. Make sure that you hire a good attorney to get you the best resolution to your first charge and then work really hard not to get the second! However, if you do get a secondary charge, call your attorney right away so that the work for your defense can begin.
The Florida Drunk Driving Law and You
When you get arrested for DUI the first time, you can say that you made a mistake. Although there will be penalties, it won’t be long before you can move on with your life. But, if you find yourself being arrested for thumbing your nose at the Florida drunk driving law a second or third time, or more, then you have a problem. You may not take drinking and driving very seriously, but the law will.
Each time you are charged under the Florida drunk driving law, the penalty gets much stiffer. The first time, you may not serve time in jail. If you are arrested a third time, you will automatically be facing a minimum of 30 days in jail, up to a maximum of ten years. And, serving time in jail will only be a part of your sentence. You will also be facing probation, community service, the impounding of your vehicle, fines and a criminal record. Not to mention the possibility of being ostracized by your family and friends.
Unless you can prove that your family has no alternate means of transportation, for a first Florida drunk driving law offense, your car will be impounded for 10 days. If you have a second conviction within five years of the first, your vehicle will be taken for 30 days. A third conviction within 10 years will result in the loss of your car for 90 days. Impoundment does not take place while you are serving your sentence, so you can actually consider this an additional form of sentencing.
If you are facing a conviction under the Florida drunk driving law, be prepared to spend some money. In addition to your legal fees (which aren’t going to come cheap), there are going to be all kinds of other fees, including fines. If this is your first conviction, you will be expected to pay a fine no less than $500 and no more than $1,000. These amounts will double if your blood/alcohol level is .15 or greater, or if you have a child under the age of 18 in the vehicle.
Under the Florida drunk driving law, if you are convicted for a second time, fines begin at $1,000, and will not exceed $2,000. These are just the legal troubles that you will face if you decide to drink and drive. You know drinking and driving is a really dumb thing to do, so why would you even bother doing it in the first place? You have so many other options, such as public transportation, taxis, having a designated driver, or if you have to, just walk. You just may end up saving a life…maybe even your own!
If You are in Florida Driving Drunk, You could Lose Your License
If you enjoy the freedom of being able to jump in your car any time you want and go anywhere you want, and you want to keep that freedom, you had better not be in Florida driving drunk! Not only will you have to pay fines and even face jail time, you will lose your driving privileges.
The first time that you are caught in Florida driving drunk and are convicted, your driving privileges will be suspended for at least six months, up to a maximum of one year. That’s a really long time to go without driving. You will either have to rely on family and friends (and they’re only going to want to help you for so long), taxis or public transportation. Is it really worth it? And do you really want to put your family through all of the legal nonsense?
If you are convicted on a second charge of being in Florida driving drunk, you can forget about driving for at least five years. Make sure to get yourself a good attorney, who can help you get out of this mess.
It’s Not Much Better for Commercial Drivers
If you are a commercial driver who has been convicted of being in Florida driving drunk (with a blood/alcohol level of .04 or higher), or have refused to submit to a test, you will be prohibited from driving any vehicle for one year. If you are convicted of operating a commercial vehicle while under the influence a second time, you are facing permanent loss of driving privileges.
Hardship Reinstatement
When you have lost your license after being convicted of being in Florida driving drunk, in many instances you do have the option of applying for a hardship permit. If you can prove that not being able to drive is causing you financial hardship, you may be given this special limited driving permit. You will not be given a hardship permit if you have been convicted of driving a commercial vehicle while impaired.
When you apply for a hardship permit, you will have to pay for any and all fees yourself, including the cost of the course, and any court costs and administrative fees. In addition to these costs, you will also be facing a huge increase in your insurance rates, which are probably high enough already.
You will also have to attend DUI school before the end date of your actual prohibition if you want a hardship permit. If you decide to wait it out and just get your license back on the court-ordered date, you will still have to take the course. If you don’t complete it within 90 days of reinstatement, your license will be cancelled until you do complete the course.
A Florida Drunk Driving Accident is Going to Cost You!
If you are at fault in a Florida drunk driving accident, hopefully you have lots of money, because you’re going to need it! In addition to possibly facing some serious jail time, you are going to have to pay fines and other fees that are related to your conviction. And that’s only the beginning.
Whether this is your first or third drinking and driving conviction, you are going to be faced with fines. And if you have caused a Florida drunk driving accident, your fines will increase, sometimes up into the five-figure range! No one has that kind of money, and your “little mistake” may end up putting you and your family in the poorhouse.
When you are involved in a Florida drunk driving accident, you’d better start looking for a good attorney. No matter what, you are going to have to pay fines, but you may also wind up being sued by the victim(s) and their families. Court cases can drag on for years, and you could end up losing and you will also have paid a LOT of legal fees. A qualified and experienced attorney will do his best to handle your case quickly and efficiently so that you receive the best possible outcome.
Money’s Not All That a DUI Will Cost You
The fact that you are going to be faced with a multitude of expenses following a Florida drunk driving accident is bad enough. But, add to it the loss of your driving privileges and the possibility of going to jail, and you are going to quickly regret thinking that you were alright to drive.
A DUI involving an injury or even death is considered a felony, and the courts will take the case very seriously.
Manslaughter and Vehicular Homicide
DUI manslaughter is considered a second-degree felony, and if you are charged with this following a Florida drunk driving accident, you will have to pay a fine of as much as $10,000, and/or spend up to 15 years in prison. If you are stupid enough to leave the scene of the accident, fail to give information or help victims, you will be charged with a first-degree felony, and face up to 30 years in prison.
All of this can be avoided if you just make the decision not to drink and drive. There are always options, and if you habitually drink and drive, the person you hurt or kill may just be someone you love, or even yourself. Stop and think. Drinking and driving is never worth the price you could end up paying.
Been Charged With a DUI? Faced with High Insurance Rates? You Need the Help of a Central Florida DUI Attorney!
If you have been convicted of a DUI in the state of Florida, you are going to be faced with a number of expenses, including insurance rates that are really going to skyrocket! When you are charged with a DUI, you need to contact a central Florida DUI attorney to help you understand all that you will be facing.
A central Florida DUI attorney will know exactly what is going to happen to you when you are charged and convicted of a DUI. He or she will be able to explain what is going to happen with your insurance, which will obviously include a rate hike. In fact, your insurance company may even decide to cancel your insurance policy.
You Will Need to Sign an FR-44
If you have been convicted of a DUI in central Florida, you will be required to file an FR-form. These are forms that you get from insurance companies that prove you have purchased enough liability coverage, and provide proof to the FLHSMV (Florida Highway Safety and Motor Vehicles) that you are insured. If you or your insurance provider cancels your policy before the end of your license suspension, the insurance company has to notify the state. Your central Florida DUI attorney will be able to explain this form to you in more detail.
Ignition Interlock
In order to be able to get insurance following a DUI, you may be required to have an ignition interlock. A central Florida DUI attorney will tell you how this device works, but in a nutshell, you basically won’t be able to go anywhere in your vehicle until you submit to a breath test. If you don’t take the test, or take it and fail, your vehicle will automatically shut off.
DUI School
In order to get your license back after it has been suspended for your DUI conviction, you will have to go to DUI school. This will probably also be a requirement when it comes to getting insurance as well. Ask your central Florida DUI attorney for all of the details, because you don’t want to end up spending any more money for insurance than you absolutely have to.
These are just a few of the expenses and penalties you will be facing when it comes to car insurance following a DUI. Having a qualified central Florida DUI attorney on your side will be a great help for you to help explain all of the paperwork and processes, and maybe even to help you pay out a little less in the long run.
Florida DUI School
First Offense: Driving Under The Influence I
When you are convicted of a DUI offense in Florida, you will be required to attend a Florida DUI School before you can have your driving privileges back. Actually, if you apply for a course before your conviction, this may help when it comes time for sentencing.
The Florida Safety Council offers a variety of traffic courses, including Driving Under the Influence I, Driving Under the Influence II, the Victim Awareness Program and SCRAM (Secure Continuous Remote Monitor).
If you are attending Florida DUI School for a first offense, you will be taking the Driving Under the Influence I program. According to the Florida Safety Council, the goal of this program is to “identify those who may be harmfully involved with alcohol and other drugs and to educate all drivers with DUI convictions about the effects of alcohol and drugs while driving.”
Course Format
Florida DUI School Driving Under the Influence I courses are 12 hours in length, and each student is required to have a one-hour psychosocial evaluation, which is performed by a DUI evaluator who is certified. Taught by a certified DUI instructor for the state of Florida, this course uses such tools as videos, handouts, discussions and lectures. It is taught in both English and Spanish, and you have the option of taking it during the day, evening or on weekends.
Course Content
One of the most important things you are going to learn in this Florida DUI School course is how to figure out your drinking patterns, and how to go about changing them. There are many drug and alcohol resources such as rehabilitation centers, and you will learn about them. You will also be taught how alcohol and drugs affect your ability to drive, learn about the Florida DUI traffic laws and the court process.
How to Register
You can register for the Driving Under the Influence I course at Florida DUI Schools in four counties: Orange, Brevard, Osceola and Seminole. Before you apply, you will need the following things:
- Photo ID
- Driver’s License Number
- Copies of your arrest affidavit or traffic crash report
- DUI Citations
- Court order, if convicted
- Alcohol test results
Victim Awareness Program
You may also be required to attend a Florida DUI School two-hour victim awareness program. You will hear from victims or family members of victims, and how they have suffered because of the crash they were involved in. Through discussions and audio/visual media, you will learn how drinking and driving affects the community. This is a classroom course, but you may register online, as with all other courses. Or you can begin the process by pre-registering online, so when you actually go in to register, it will take less time.
Course Completion
Once you have successfully completed this Florida DUI School course, reports will be sent to the Department of Highway Safety & Motor Vehicles, your probation officer and the court. Success or failure in completing a substance abuse treatment program, if referred, is also reported.
DUI Laws in Florida: Ignition Interlock
When you are convicted of a second drinking and driving offense, the DUI laws in Florida state that you are required to have an ignition interlock device installed in your vehicle. This is to ensure that you will not be drinking and driving again anytime soon. How long the device remains in your vehicle depends on how many times you have been convicted.
An ignition interlock device is installed in your vehicle near the driver’s seat, and is connected to the vehicle’s engine. The device makes it so that your car will not move until you pass a breath test. Before you start your vehicle, you will be required to breathe into the device. If you fail or refuse to do the test, your vehicle will not start. Then you will hear a beep at pre-set half hour intervals telling you to re-test. If you refuse or fail, the device will sound an alarm, such as a honking horn or flashing lights, until you shut off your vehicle.
Sometimes, depending on the circumstances of the case, the judge may even order one of these devices for a first-time offender (if your blood/alcohol level is .20 or higher, or if you have a child in the vehicle at the time of the offense.) This is in addition to license revocation, fines, and serving time in jail.
If this is your second conviction, under the DUI laws in Florida, you must have an ignition interlock device for no less than one year. This increases to two years if your blood/alcohol level is .20 or higher, or if there is a child in the vehicle.) A third conviction will also result in having the device for at least two years.
All of this comes at a price, which DUI laws in Florida require you to pay. To have the device installed, you are required to pay a fee of $70 (if you can’t afford this, the court may order that a portion of your fine be used to pay it), and it doesn’t end there. You will also be required to pay a refundable deposit of $100.
Each month that you have the ignition interlock device in your vehicle, you must have it calibrated monthly, by appointment. Calibration takes just under one hour, and costs $67.50 each time. This process usually takes less than 20 minutes. During calibration, the record of activity that the device has kept will be downloaded, and it may be required that this report be periodically viewed by authorities.
Not only is an ignition interlock device required under DUI laws in Florida, just about every state in the US uses these devices as part of DUI sentencing. By using it, many impaired drivers will be kept off the roads, and other drivers and pedestrians will be a little bit safer.
Considering the fact that the ignition interlock devices used in accordance with DUI laws in Florida are costly, and in general, a pain in the you know what, wouldn’t it just be simpler to not drink and drive in the first place?
Insurance Premiums Increase Following a Florida DUI
Every day in the US, there are hundreds of accidents caused by drinking and driving, many of them fatal. If you are involved in a Florida DUI, be prepared to pay the consequences. Not only will you have your driver’s license taken away for a period of time, possibly permanently if you are a repeat offender, you will be facing fines and possible jail time. You will also see a substantial rise in your insurance premiums. If you are lucky, you will have an insurance company that will not raise your rates, but this is not the norm.
Sometimes you may get lucky for a couple of years, because many insurance companies only do a review of their customers’ driving records about once every three years. But eventually, your Florida DUI conviction is going to catch up with you, and you will have to pay, and your policy may even be terminated. In most cases, it is a lot better to be honest up front. This way, you will know immediately where you stand, and your insurance company may look favorably on your honesty.
If you are seeking a new insurance policy following a Florida DUI conviction, you won’t be able to hide it. All insurance companies perform a complete check of each applicant’s driving record. Each insurance company has different rules and guidelines, and depending on the company, you may or may not be able to get insurance. If this is the case, you may want to start shopping around with different companies until you can find one that is willing to take you on.
Following a Florida DUI conviction, you will be considered a high risk driver, and your insurance premiums will be adjusted to reflect this. There are steps that you can take to have your rates lowered. Here’s a no-brainer. Make sure that following your DUI conviction your driving record stays absolutely clean, and that you can provide proof of this to your chosen insurance company.
Another way to keep your premiums down somewhat after you have been convicted of a Florida DUI is to drive an older model vehicle. Sure, you would probably prefer a newer car, but older models require less insurance. If you purchase the state minimum liability requirement, you may be able to get lower premiums. Your best bet if you don’t have an insurance company that you already deal with, is to do a search on the Internet for the best insurance deals.
Remember, even if you have been arrested for a Florida DUI, you should not immediately report this to your insurance company. At this point, you are only under suspicion and have not been convicted, so reporting anything would be premature, and you may have your rates increased for nothing. Speak to your attorney for the best advice on how to deal with your insurance company following a DUI arrest. He or she may be able to take care of things for you, so you don’t have to deal with the hassle yourself.
DUI Traffic Schools in Florida: The Driving Under the Influence II Course
If you have more than one DUI conviction and live in Florida, you will be required to take the Driving Under the Influence II course at one of the DUI traffic schools in Florida. Since you have already completed the Driving Under the Influence I course, there really should be no need for you to take the second, but sometimes people just don’t learn.
This course is offered at all DUI traffic schools in Florida, and is taught by state-certified DUI instructors. Since you didn’t seem to learn the first time, this second course is longer, being 21 hours in total, and covers more information. The goal of this program, according to the Florida Safety Council, is to “educate and identify those who may be harmfully involved with alcohol and other drugs, with emphasis on the effects of alcohol and other drugs on driving skills and the body.”
This course is an interactive one, and you will be expected to take part in any and all course-related activities. You will receive a number of learning tools, including handouts, and will be required to take part in discussions and lectures. There will also be video presentations. Prior to this course, you will be required to undergo a psychosocial evaluation with a certified DUI evaluator.
Hopefully, once you have completed this course at a DUI traffic school in Florida, you will have learned about the effects of driving while under the influence of alcohol and/or drugs. Instructors will have taught you about the psychological and physiological effects that drugs and alcohol have. You will have been given information about DUI laws, and how the courts view repeat offenders. And, probably most importantly, you will have learned how drinking and driving crashes affect victims and their families, not to mention yourself and your own family members.
You have no excuses for not taking this class. You can say you don’t have the time, because there are classes taught at DUI traffic schools in Florida during the daytime, as well as in the evenings and on weekends. And you can’t even say that there are none in your area, because you will find classes in Osceola, Seminole, Orange and Brevard Counties.
Drinking and driving is a serious offense, and not one that the courts take lightly. Multiple DUI convictions in the State of Florida are taken very seriously, and if you have more than one conviction, expect to take one of the courses at a DUI traffic school in Florida. But the smarter thing to do is not drink and drive, period. Then you won’t have to bother with any of this.
Florida DUI Law: Understanding the Investigation Process
You’ve been involved in a DUI crash, and you are the one at fault. What happens now? Well, first of all, there is going to be an investigation into the crash. If you are lucky, the prosecutor will not be able to prove beyond a reasonable doubt that you are guilty, and you will walk. But if the investigation proves that you are at fault, you could end up doing some serious jail time!
An experienced attorney will be able to explain the Florida DUI law to you, as well as the investigation process. Just like any court case, the details need to be investigated and facts proven. For instance, the prosecuting attorney must be able to prove, using chemical tests performed at the time of the incident, that your blood/alcohol level was .08 percent or higher.
What Prosecutors Will Look At
You will be required to take a field sobriety test. In fact, when you sign the back of your driver’s license, you are giving permission for these tests to be conducted. The National Highway Traffic Safety Administration (NHTSA) has three sobriety tests: walk and turn, horizontal gaze nystagmus, and the one leg stand.
Officers may also administer other tests, including the ABC test and the finger-to-nose test. If you fail any of these tests, Florida DUI law requires that you submit to a chemical test. You will also need to take a chemical test if you have any physical impairments that inhibit you from correctly performing any of the physical tests.
Chemical tests can include blood tests, urine tests, and the breathalyzer. If you have certain health problems that make it so you cannot provide a proper breath sample, the arresting officer may record it as a refusal to provide a sample, even if you do submit to a blood or urine test. If you are unconscious or even semi-conscious at the time of the blood test, you should not be accused of refusal, because you weren’t physically able to refuse or consent.
If you refuse to submit to any of these tests, you may be facing even tougher consequences than you would for the initial DUI charge both in court and with the department of motor vehicles when it comes time to have your license reinstated. But if you have a qualified attorney on your side who understands the Florida DUI law, you may be able to challenge this. An example would be if you refused a breath test but consented to a blood test. A prosecuting attorney may say that you refused a chemical test, but in fact, you did submit to one.
These are a few of the things that a prosecuting attorney is going to delve into at your DUI hearing. In order to be able to understand everything that is going on and maybe reduce your sentence, or even have all charges dropped, you really need to get in contact with a good attorney as soon as possible. Just because you made a mistake, it’s not the end of the world, but you need help to make things right again.
What is a Florida DUI Hardship License?
Driving while under the influence is never something anyone should do, but everyone makes mistakes, and some mistakes, like drinking and driving, are bigger than others. Not only are you going to have to pay some pretty heavy fines, you may be subjected to jail time, lawsuits, and you will lose your driver’s license. Is it really worth it?
When you are convicted of a DUI in Florida, you will have your driving privileges suspended for a period of time. But, there are instances where you may be eligible for what is known as a Florida DUI hardship license, which will allow you limited driving privileges before the end of your license suspension. In other words, you will probably only be able to drive back and forth to work and medical appointments.
Hopefully, if you are going through this for the first time, it will be your only time. If you have more than one DUI conviction, you will not be able to apply for a Florida DUI hardship license. You must wait out the full suspension period before you will be allowed to drive legally. If you need to be able to drive in order to make a living (maybe you drive a taxi), you are going to have to find another career choice, at least for the time being.
A person who has had only one DUI conviction is eligible for a Florida DUI hardship license if he or she meets certain requirements. If treatment has been recommended as part of your sentencing, you will be required to complete it before being eligible for a hardship license. Also, you will be required to attend a DUI class.
When you receive approval for a Florida DUI hardship license, you must present proof of approval when you go to the driver’s license office. Once you receive the hardship license, you must be in the Special Supervision Services Program for the entire length of time you have the hardship license.
Eligibility for a Florida DUI hardship license includes:
- This must be your first offense.
- If ordered, you must successfully complete a treatment program. You have to be willing to help yourself, and show proof that you are doing something to ensure that you will never drink and drive ever again.
- Being unable to drive is causing financial hardship for you and your immediate family. The law isn’t out to get you, and there are times when the courts realize that you need to drive in order to earn a living.
- Completion of a DUI class. First offenders are required to take the Driving Under the Influence I course, and possibly the Victim Awareness Course.
Of course, the absolute best situation would be to never have driven while under the influence and not have to go through this process. But if you have a DUI conviction, this is something that you may have to do. Get yourself an experienced DUI lawyer, quick!
Florida’s Implied Consent Law: Refusal to Submit to a Blood/Breath Alcohol Test
In almost every instance of DUI arrest in Okaloosa County, Florida, it is a serious mistake to not hire an experienced Okaloosa County, Florida DUI Defense Attorney.
After you have been arrested for Driving Under the Influence (DUI), the arresting officer will ask you to submit to a test of your breath. There is no way for the officer to force you to submit to the test, and you can refuse. This refusal is referred to as DUI refusal to submit" or "DUI refusal BAC" in Destin, Okaloosa County, FL. There are, however, serious consequences to your refusal.
Florida’s Implied Consent Law states that any person who accepts the privilege of driving in the state of Florida, in effect consents to submit to a chemical or physical test if the request to take the test happens after a lawful arrest, and the law enforcement officer has reason to believe that the individual is driving under the influence of alcohol. If you look on your Florida Driver’s license it states “operation of a motor vehicle constitutes consent to any sobriety test required by law.” It is in small print, but it is most definitely there.
Administrative Consequences
If you refuse, the Officer is required to inform you that if you do not submit to the test, your driving privilege will be suspended for 1 year for your first refusal or 18 months if your license has previously been suspended due to refusing to submit to a lawful blood, urine, or breath test. The officer is then required to ask you to submit to the test again. If you again refuse, the arresting officer will issue you a temporary permit that is only valid for 10 days from the date of arrest. You must act quickly to request an administrative review of your suspension or your driver’s license will be administratively suspended. Okaloosa County, Florida Attorney Stephen G. Cobb has handled many administrative suspension hearings and can help you try to avoid administrative suspension of your driver’s license. Even if an administrative suspension cannot be avoided, Attorney Stephen G. Cobb can assist you in obtaining a hardship license if you are otherwise eligible to receive one. If you have never refused to take the breath test or other lawful test before, you will be eligible to apply for a hardship license after 90 days of license suspension. If you have refused to submit before, then you will have to wait 18 months before your license can be reinstated.
Criminal Consequences
If you refuse to submit to a lawfully requested blood, breath, or urine test, the refusal is admissible as evidence in criminal DUI case. Prosecutors often admit this type of evidence as a way of arguing “consciousness of guilt”: you knew that you were guilty of driving under the influence or else you wouldn’t have refused to take the test. An experienced DUI Defense Attorney, such as Mr. Cobb can examine the facts of your case to determine if there is any way of keeping this type of evidence out of court.
A second refusal is a first degree misdemeanor, carries a possible sentence of 1 year in jail, and is a separate charge from the DUI charge.
If you or a loved one has been charged with a DUI and/or DUI refusal to submit, contact Okaloosa County, Florida Attorney Stephen G. Cobb today for a confidential consultation. Mr. Cobb has handled hundreds of DUI cases in Okaloosa County and can help you navigate the often confusing world between the administrative and criminal consequences of a DUI arrest. Mr. Cobb will vigorously work to get the most favorable outcome available whether it is a dismissal of the charge, a favorable plea agreement, or a not guilty verdict.
The DUI Laws in Florida: Tough, But Are They Fair?
For most people, laws are not something they think about on a daily basis. Blissfully, most people do not have to deal with the legal system on a personal level so their opinions are typically that they are not overly strict. Some people may feel that the laws in existence are not strict enough. A few may think that the laws are too strict, but that they need to be. Most people are not concerned with the DUI laws in Florida until they themselves or a close associate has been arrested.
The DUI laws in Florida are reportedly among the toughest in the country- which can sound reassuring to the average person, again, until they are faced with dealing with these laws themselves. There is no such thing as a perfect law and there is no better way to understand this than being arrested for a crime. Picture this scenario: you are sitting in your car with no intention of driving. You have given your keys to friends who are holding them for you. However, because you are sitting in your car, in a public parking lot, you are arrested for a violation of the DUI laws in Florida. You were not really driving. You did not even have your keys on you. What should you do now?
Because there are so many horrible accidents that are caused by drunk drivers, the DUI laws in Florida were written to be strict, in the hope of reducing the number of impaired drivers on the road. However, they can be a little overzealous and there are times when the law is not as fair as it could be- the exact reason that we have attorneys to help interpret these laws and make sure that the average person is treated fairly. We all want laws to be tough, at least until we are on the wrong side of those laws. Hiring an attorney ensures that you do not give away any of your rights and that you do get punished beyond what is really right.
Florida DUI Lawyers: Making Sure That You Understand Your Rights
If your only experience with the legal system before your arrest has been movies or television, you might be shocked that reality is not always the same thing. You may think that you know and understand the rights that you have as a citizen, but you might be surprised to know that what you think you know may not be right. If you do get arrested for a DUI or similar violation, your first step should be to contact one of the Florida DUI lawyers for your next move.
One of the things that most people assume is that they will hear their rights read to them as soon as possible. You are put into handcuffs and brought to the police station and think that your rights have been violated. A consultation with Florida DUI lawyers will explain how this is not technically true. First, you may have been brought to the station in cuffs but you were not actually arrested. Instead, the police have legally detained you, or they have brought you to the station for further questioning, or other words to avoid the “under arrest” phrase. They do not technically have to read you your rights until they get to that point- and they will delay getting to that point for as long as possible.
Consulting Florida DUI lawyers let you know the difference between being detained and arrested- and will make sure that your rights were not violated in any way during your arrest and that the charges filed against you are valid. In addition, they will discuss the approach that should be taken with your case including any possible defense that could be used to amend or reduce the punishments that you could be facing.
Finally, you will also gain an understanding of the DUI laws and your rights under the law. Hopefully you will not need the information in a further case.
Florida DUI Laws: Interpretation Under the Law
All laws are written with the hopes that they will reduce crime levels or stop certain crimes from happening, or in the event that the offense does happen, that the laws will provide for adequate punishment of that crime. The Florida DUI laws are written in hopes of keeping the roads of the state free from drunk drivers and to punish those who do drive under the influence. However, there is occasionally some room for interpretation in the law, which is why there are lawyers. In the real world, the lawyers are the ones who help the layman figure out what the laws mean and how they impact you.
Most people do not read the Florida DUI laws while drinking their morning coffee. For most, the only experience that they will have with the law will start when they are arrested, when it might be too late. They might assume that simply because it is written in the statutes that it is just a done deal- that there is no defense against the crime. However, if you do not know the law, you do not know how to interpret the law or have never defended yourself against a criminal case, it is better to let a professional handle things. Dealing with Florida DUI laws for yourself is not only a losing proposition, it can be quite frightening to the average person. If you are facing the charge of DUI or a similar charge, your first step should be to consult a lawyer and start working on your case.
For instance, the Florida DUI laws include automatic suspension of your license as well as fines and possible jail time. Without a lawyer, you might find yourself simply accepting what is suggested by the courts- giving up all of your rights and facing punishments that are too strict. There are some things that are written in the Florida DUI laws, however, your attorney may be able to use to get the charges against you amended or reduced- meaning that you may not have to face losing your license or paying huge fines.
Florida DUI Arrest: Step by Step Guide to the Process
If you are out driving around, most of the time the only thought in your head will be getting home without incident! Hopefully, this means that you are not drinking and driving. Things happen, that’s a known fact. If you ever find yourself facing a Florida DUI arrest, you might be ready to panic and throw in the towel. You might hang your head in shame and think that throwing yourself on the mercy of the court is the best idea. You should know that there are various steps to the Florida DUI arrest process, and that there is a better way to handle the event that may keep you from giving up all of your rights and may even keep you from having to accept a charge that could be reduced.
Step one of your Florida DUI arrest is usually the spinning red and blue lights behind you. The officer pulls you over and then starts discussing exactly why. During the discussion the cop might become convinced that you are impaired in some way-either because of smell, slurring words or other physical reason. The cop may then suggest that you should submit to a field sobriety test. (Florida statute states that during a Florida DUI arrest that you have to submit to these tests or automatically lose your license. An attorney can argue the point of the test, either why it was suggested, how it was completed or other factors.)
Step two to the Florida DUI arrest: you may be brought to the police station; however you may not be technically arrested at this point. You can be brought to the station under administrative custody instead, which means that while you are not under arrest, you are not free to go either. Eventually you will be charged with DUI, possibly released with bail and then given a court date. This is potentially the most important step that you will face- you will need to consult an attorney as quickly as possible so that you can work on a positive resolution of your case.
Florida DUI Law: Looking for a Reduction or Change in Charges
Florida DUI law can look pretty strict, especially if you are reading the statutes. First, as written, you automatically lose your license. You get a set fine. You get a possible jail sentence. You are way beyond hot water. If you are ready to just give up and give away all your rights then you should just do so, whether the charges that you face are right or not. If you would prefer to actually stand up for your rights and work against the charges being pressed against you, then you should do so. To deal properly with Florida DUI law, you either need your own law degree or a lawyer.
The crime that you are charged with at the time of your arrest or your initial court appearance may not be the crime that you are finally punished for. In many cases, there can be a reduction or a change in the actual charge. You do not always have to go to court - especially if you are dealing with an attorney who is well-versed in Florida DUI law. The first thing your attorney will do for is to look for weak spots in the prosecutor’s case. If this does not work, the attorney’s next move will be to offer a plea agreement, which can include agreeing to a guilty plea in exchange for a reduced charge. For instance, instead of dealing with a DUI, you could face charges of reckless driving instead.
You will be more likely to get a reduction under Florida DUI law with an attorney. In fact, the prosecuting attorney is not even likely to deal with you at all without an attorney. Will the charges automatically get reduced or changed if you have an attorney? No, not always, but you are far more likely to have the right outcome if you do have one.
Florida Drunk Driving Attorney: Questions to Ask When You Hire One
Being charged with a drunk driving offense can leave you feeling hopeless. Perhaps you have logged onto the computer to read through the statutes so that you can see what you might be looking at in terms of punishment, etc. After reading them, though, you might feel like there is absolutely nothing that you can do- so you log off and weep. Calling a Florida drunk driving attorney is not only a good suggestion, it is very important and should be done as quickly as possible. Here are some questions that you should ask when hiring a Florida drunk driving attorney:
Is this your field of expertise? Not every Florida drunk driving attorney is listed that way in their ad or in the phone book. Make sure that you are hiring an attorney who specializes in drunk driving cases rather than one who practices general law. While it is not necessary to have a specialist, it can help.
What are your rates and how do you figure them? The rates charged by a Florida drunk driving attorney may figure rates differently, some by the hour and some by the case. It is important to know which your potential attorney uses so that you can budget accordingly.
What do you think of the case that you are being presented with today and what do you think the potential outcome will be? The Florida drunk driving attorney that you hire should be able to give you some idea of possible rulings, based on previous cases that have been handled in the county and with similar situations. It is important to know, however, that all cases are individual and that the results that you and your Florida drunk driving attorney get may be entirely different.
Florida Drunk Driving Defense
Unless you plan to just admit to whatever you are being charged with and take the punishment that you are given, you will need to speak to an attorney who will work toward a Florida drunk driving defense that not only gets a more positive outcome for your case, but can keep you from having to have a DUI on your record and face jail time and fines of varying levels. Dealing with an attorney can keep you from giving up all of your rights.
The attorney will work with you on a Florida drunk driving defense that is fair and just- one that will be proposed to the prosecutor’s office who will review the case at hand, your own criminal history and your overall attitude. The two attorneys will work back and forth toward the right resolution of the case so that you do not have to actually serve time in jail or pay a huge fine. Hopefully, you may get to keep your license, even if it is only for work-related travel. In addition, you may have to go to the DUI driving school as well, however this should be considered a positive rather than a punishment. The Florida DUI school is often a requirement, but voluntarily offering to do the class can increase your chance of getting the prosecutor to take the agreement that your own attorney is offering.
Your Florida drunk driving defense can be a simple one, one that is used commonly by attorneys in these types of cases. It may be more complicated with some new twists on the letter of the law that you, the layman, may never have come up with on your own. If you are not a licensed attorney, there are many subtleties of the law that you will never know or understand. Before you give up any of your rights- consult an attorney who can help you come up with the right Florida drunk driving defense for your case.
Florida DUI School: What Are You Going to Learn There?
Being sent to Florida DUI school can be court ordered for a number of offenses, not just DUI. For instance, the Level One course might be ordered for other offenses such as open container. The Florida DUI school may also be a requirement for other reasons including out of state convictions or to obtain a work-only license while your driver’s license is suspended. The school was designed for a number of purposes; however it has a main goal. The goal of the Florida DUI school is to identify those people who might be harmfully involved with alcohol and other drugs as well as educate them about what the effects of those substances are on driving.
Before the course even begins, you will be given a one hour psychosocial evaluation interview. As part of the main goal of the Florida DUI school, this evaluation will help to identify those who have serious, ongoing or emerging substance abuse problems and may actually serve as an eye-opening event for the person as well. During the 12 hours of the Florida DUI school, each person will learn not only about the effects of drinking or other drugs on driving but will also learn about their own personalities as well.
During Florida DUI school, you will learn about the traffic laws that pertain directly and indirectly to DUI. It will also review the court system and its processes. If you do feel that you have a problem or you have been assessed as having a problem, you will also learn about drug and alcohol resources that are available in the community. If you need help, you will find the best sources for that help.
Finally, you will also learn better alternatives to DUI in the future so that you will not repeat this behavior again. It is not only a way of dealing with your current DUI, it is also a good way to learn some vital new information.
Online DUI School
Being sentenced to DUI school is not so terrible. It is a 12 hour course, taught in several locations, available in two languages (English and Spanish), and can often help you to get your license back faster. It is court ordered for many different kinds of DUI related cases, including open container and more serious offenses. However, even though it is only 12 hours, and available in three counties, there are some times when the school might be impossible to get to. It may be too far away from your exact location. If you have not been granted a hardship license as of yet, (ironically, you may have to finish the school first) you may not be able to travel to and from the school’s location. There are other reasons that you may not be able to get to the DUI school, leaving you searching for another option. The online DUI school can be the perfect answer for you.
Before you register for online DUI school, you should make sure that the cost is the same and that you will be allowed to use the online school interchangeably with the regular school. You should also make sure that you will have the right computer operating system for the duration of the class, and will be able to access it and all the other information that you will need. Online DUI school is meant to be more convenient, however it still teaches the same lessons that you would learn in a more traditional school. During your course in online DUI school you will learn the Florida traffic laws related to DUI. It will also teach you how to recognize a problem pertaining to drugs and alcohol and the usage patterns.
Online DUI school can be assessed and studied during your own time frames, which is better for those who work jobs that may not allow them to go to the school. Your attorney should have information that explains how to get started with the school and the information that you will need. Payment for the online DUI school will also be explained.
Florida Drunk Driving Attorneys: Where Do You Find Them?
If you have been arrested and charged with drunk driving or a related offense, your first step should be to find a drunk driving attorney. Where do you find the best Florida drunk driving attorneys? You find them in several places, actually: online, through professional referral and through the phone book. Finding the best attorney is important so that you can get the best resolution for your case- without having to pay huge fines or face possible jail time.
When you search for Florida drunk driving attorneys, make sure that you narrow the search down by location so that you are finding the best candidates not only by industry, but by specialty and exact area as well. If you are in central Florida, you do not want to find Florida drunk driving attorneys who are only in the outlying areas of the state. Online searches can give you a larger listing, especially since so many people are skipping the old fashioned phonebook these days. In most cases, the Florida drunk driving attorneys that you find will probably have a website to look through, which is important so that you can check out information about the attorney, drunk driving laws and the court system in general. Some attorneys may also have articles or other sources of information that can help you learn as you go.
Professional referrals can be very helpful as well. For instance if you know a general attorney, you could ask for the name of a more specialized drunk driving attorney. Your other professional friends can give you names for Florida drunk driving attorneys who can help you deal with your case. Finally, you can use the phonebook, which will still have a wide listing of Florida drunk driving attorneys in your exact area.
What happens in Florida Criminal Court
ENTRY OF A PLEA
There are two times when a plea is entered in a misdemeanor criminal case:
- Upon Arraignment, or;
- At a designated time to enter a change of plea.
Unlike Florida felony cases, a criminal defendant can enter a plea at either times. Either way, you should consult an experienced criminal defense attorney before doing so. Here is why:
If you have potential legal defenses, it is important to weigh the impact of Florida's criminal case discovery rules. These rules require the government to provide certain information to anyone charged with a crime, and this information may:
- uncover defenses that are complete defenses to any and all charges,
- uncover partial defenses to some, but not all charges, or;
- uncover partial defenses that justify a reduction or substitution of lesser charges for more serious ones.
There is a big difference between pre-trial defenses and trial defenses, and only an experienced attorney can explain the difference – and the magnitude of the potential danger – of exercising certain defenses. You don't want to find yourself in a position where reckless defenses actually hurt your case and increase both the likelihood and severity of criminal punishment.
Sometimes, it is to your advantage to enter a quick plea upon formal charging – at Arraignment Court. However, most of the time is more advantageous to enter a formal Change of Plea at a later date, after discovery has been reviewed by a highly skilled lawyer.
Final thought: Most lay people are totally incapable of interpreting Florida criminal statutes, rules, local rules (often unwritten), procedural issues and case law. When lay people attempt to represent themselves, this is like trying to give yourself heart surgery – extremely dangerous.
How to Blow a Criminal Case in Florida
There are many ways to blow a criminal case in Florida, both from the perspective of the State and the defense. For our purposes here, we will examine errors that hurt the criminal defendant, whether made by the defendant, the defense attorney, or the prosecutor.
Violations of Felony and Misdemeanor Probation:
- The charges listed in a Violation of Probation Affidavit and subsequent Arrest Warrant are wrong: Defendant is charged with violation of his probation for committing a new law violation, DUI. However, the defense attorney files a Notice of Discovery, and learns that the criminal summons issued while the client was on probation was not for DUI – the citation was for Driving While License is Suspended, Canceled or Revoked. This is not a complete defense that results in dismissal of the VOP, but it changes the plea offer from one (1) year of community control plus three (3) years of probation to Time Already served and probation is reinstated.
- The probation sentence exceeds the maximum allowable by law: The defendant was violated numerous times for probation violations, first on one case, and then on a second one to which he was sentenced concurrently (the sentence runs at the same time, but does not end at the same time – this is far better than the two sentences running back to back). The first case was very clear, the second presented a legal issue that would require a hearing – and keep the client in jail longer, since he had no bond. Result? Case #1 is dismissed, since it was obvious that the time had been exceeded by several months, and Case #2 resulted in a change of plea (an admission of violation) for thirty (30) days with credit for time served. In other words, the client served three (3) more days in jail and was released with no further probation. NOTE: No one spotted this error at his last violation proceeding, when Case #1's maximum probation time had been exceeded.
- The Revocation Process has not been set in motion: If the Affidavit of Violation of Probation or community Control has not been signed by the Probation/Community Control Officer before the expiration of the Probationary or Community Control sentence, then the Revocation Process has not been set into motion, and the Affidavit or other charging document may be dismissed. This is very rare, but does happen.
- A Violation is not Willful AND substantial: This defense almost always requires a hearing. It is also very dangerous – lose a probation or community control hearing, and you will probably go to jail or prison
- Represent yourself: If lawyers who represents themselves have fools for a client, how can a lay person be a rocket scientist for doing the same thing? Violation Hearings are dangerous!
A DUI Charge in Walton County Florida
Walton County is a beautiful place in Florida’s panhandle, but if you have been charged with a DUI, then you won’t think it’s so beautiful. A DUI charge is something that can haunt you for the foreseeable future, but it’s also something that can have certain permanent implications. You might not realize it at the time, but the consequences of a DUI charge can be enormous. If you have been pulled over in Walton County on suspicion of DUI, then you will likely be asked to perform a field sobriety test. If you do not perform well on that test, then the officer may ask you to take a breathalyzer test. A reading of 0.08% or higher will be cause enough for an arrest.
It’s also true that a quality attorney can help you avoid the negative outcome of a DUI conviction. The penalties associated with a DUI conviction are much more severe than you might imagine. For instance, the minimum penalties associated with a DUI conviction in Florida include:
- 10-day vehicle confiscation
- 180-day license suspension
- $500 fine
- At least 1 day of probation
Of course, there is no requirement to go to jail on your first DUI conviction, but the penalties listed above can cause some major headaches for a lot of people. Not having a license can be a veritable death sentence for some individuals. If you need to drive to work, then you must figure out a way to get there without doing it on your own. You may need to ask people to go out of their way to help you, or you may need to take public transportation. Both of these options can occasionally be unreliable. If you want to avoid this reality, then it’s likely a good idea to contact an attorney with the experience and expertise to help you.
Dealing with a DUI in Okaloosa County Florida
Okaloosa County is located in Florida’s panhandle and is home to nearly 200,000 residents. It’s shoreline on the Gulf of Mexico is dotted with little (and big) resort towns that give the area the feel of a vacation destination. Indeed, Okaloosa County is visited by thousands of people every year who are looking to soak up the sun and the sand of the Florida Panhandle. But, if you happen to be charged with a DUI in Okaloosa County, then you may be singing an entirely different tune. The county might be scenic and full of fun things to do and see, but any criminal charge is going to put a damper on that relaxing aura.
Obviously, your first goal upon being arrested for a DUI should be to call an Okaloosa County DUI attorney as soon as possible. Unless you have a good understanding of how the legal system in Florida works, then you might be at a loss for what to do. Beyond that, it’s always good to call a professional to help you out along the way. For instance, if you were having electrical trouble with your house, you wouldn’t simply try to fix everything on your own. You might identify the problem and then call an electrician who could help you out immensely.
By that same token, it’s vital to contact a qualified Okaloosa County DUI attorney to help you make the right decisions in this difficult time. You might be getting information and consultation from outside sources, but only a professional attorney can provide you with the insight you really need. On top of that, an attorney can give you adequate representation when you’re standing before a judge in the courthouse in Crestview, Florida. There are a number of reasons you might want a qualified attorney beyond the fact that they likely know the legal system better than you. For starters, the penalties for a DUI in the state of Florida can be severe. Indeed, some of these penalties include:
- Prison time
- Fines
- Installation of an ignition interlock device
- License suspension or revocation
- Vehicle confiscation
- Probation
- DUI courses
- Community service
- Alcohol abuse assessment and treatment
All of these penalties will take up your time, money, and they can also be inconvenient to deal with on a regular basis. The last thing you want to do is have to spend time behind bars for a single unfortunate mistake you made in Okaloosa County. While prison time isn’t necessarily common for cases involving DUI, it is certainly a possibility. In fact, you could receive up to six months in prison even for your first offense.
Of course, this all underscores the need for an adequate Okaloosa County DUI attorney. You should never hesitate to call an attorney who has the insight and know-how for dealing with DUI cases. If you do not want to be subject to the full force of Florida law, then a quality legal representative is likely your best choice. Although Okaloosa County might seem like it’s all “fun in the sun,” you will still be hit hard if you get a DUI conviction there.
Florida DUI Articles:
- Florida DUI: Penalties for a First Time Conviction
- Florida DUI Law: Finding a Lawyer to Help You with Your Case
- Florida DUI Attorney: The Cost of Court and Beyond
- Florida Second Time DUI Offender
- Florida Third Time DUI Offender
- Florida DUI Defense: Trying for Reduced or Suspended Sentences
- Florida Arrested for DUI: What it Might Mean for You
- Florida DUI Arrest: What Should You Do When They Are Arresting You?
- Florida Drunk Driving Law: Zero Tolerance for Young Drunk Drivers
- Florida Drunk Driving Attorney: Opting for Legal Representation
- Florida Drunk Driving Lawyer: Working by the Numbers
- Central Florida Drunk Driving Lawyer: DUI School for First Time Offenders
- Florida Drunk Driving Defense: Ignition Interlock for Second Offenses
- Florida Arrested for Drunk Driving: DUI School and Other Facts
- Florida Driving Drunk: The Tale of the Drunk Driver
- Florida Drunk Driving Accident: Damage to Property
- Central Florida Drunk Driving Accident: Injury to Person or Persons
- Central Florida Drunk Driving Law: Why You Need a Lawyer
- Central Florida Driving Drunk: Jail and Probation Times for Offenses
- Central Florida Drunk Driving Attorney: How to Find One Fast
- Central Florida Arrested for Drunk Driving: Fines and Other Costs
- A DUI Charge in Walton County Florida
- Florida DUI: Why You May Have More Hope Than You Assume
- DUI Law: How a Law Can Become a Pawn
- DUI Attorney: The Person Who Read the Rules
- Florida DUI Defense: Why a Lawyer Can Help
- Florida DUI Lawyer: How and Why to Find a Good Lawyer
- Florida Arrested for DUI: What Should I Do Now?
- Florida DUI Arrest: Nothing Like the Cop Shows
- Florida Drunk Driving Laws: Who Writes Them, Who Understands Them?
- Florida Drunk Driving Attorney: Five Tips to Finding a Good
- Florida Drunk Driving Lawyer: Who is the Right Person for Your Case?
- Dealing with a DUI in Okaloosa County Florida
- Central Florida Drunk Driving Law: What You Do Not Know Can Cost You
- Florida Arrested for Drunk Driving: They Have to Read Me My Rights, Right?
- Florida Driving Drunk: Attorneys Can Be the Answer You Need
- Central Florida Drunk Driving Accident: Steps to Follow
- Central Florida Drunk Driving Law: Questions to Ask Your Attorney
- Central Florida Driving Drunk: Stupid Things to Do After Your Arrest
- Central Florida Drunk Driving Attorney: Finding One For Your Case
- Central Florida Arrested For Drunk Driving: What if You Were Not Driving?
- Central Florida Arrested for Drunk Driving: Hiring Your Own Attorney
- Central Florida Drunk Driving Defense: Convictions are Not Always Assured
- Florida Drunk Driving Plea Bargain: What is a Plea Bargain?
- Central Florida DUI Law: Who Writes the Laws?
- Florida DUI School: What You Learn and What it Means
- Central Florida DUI Law: Attorney or No Attorney, There Really is No Question
- Central Florida Drunk Driving Law: The Need to Plead
- Driving Under the Influence: What You Need to Know
- Drunk Driving Laws: When You Need to Speak to a Lawyer
- Driving Drunk: The Consequences, and What You Can Do
- Florida DUI Law: The Next Step
- Florida DUI Law: All You Need to Know About Your Case
- Drunk Driving Accidents: Protecting Yourself
- Drunk Driving Arrests: What to Do Next
- Florida DUI: What to Ask Your Lawyer
- Drunk Driving: How the Law Works
- DUI Law: How You Can Get Help
- Understanding the Florida Drunk Driving Law
- What are the Penalties for a First Offense in Florida Driving Drunk?
- DUI Laws in Florida: Know Your Rights!
- Attending DUI Traffic Schools in Florida
- When Can You Apply For a Florida DUI Hardship License?
- Your Florida Drunk Driving Attorney Can Help You Beat a DUI Conviction
- There is Life After Your Central Florida DUI Arrest!
- Central Florida Drunk Driving Attorney
- How to Handle a Central Florida DUI Offense
- Were You Charged Following a Florida Drunk Driving Accident?
- The Florida DUI School: What is the Advantage?
- What Are Florida DUI Laws?
- Florida DUI Plea Bargain: The Negotiation Skills of Your Attorney
- Work Exemption for DUI Florida: What it is and What it Does
- DUI Laws in Florida: From First Offense and Beyond
- Cops Fake DUI in Florida: Facing Trumped Up Charges and Other Legal Jams
- The DUI Ignition Lock Florida
- Expunging DUI in Florida: How to Wipe the Slate Clean
- Felony Probation DUI Florida
- Finding a Job with a DUI Conviction Florida
- Florida DUI Car Insurance
- DUI Costs Florida
- Reinstate Driving Privileges for Florida DUI
- DUI Dropped to Reckless Driving in Florida
- DUI Fines in Florida
- The Florida Drunk Driving Law and You
- If You are in Florida Driving Drunk, You could Lose Your License
- A Florida Drunk Driving Accident is Going to Cost You!
- Been Charged With a DUI? Faced with High Insurance Rates? You Need the Help of a Central Florida DUI Attorney!
- Florida DUI School
- DUI Laws in Florida: Ignition Interlock
- Insurance Premiums Increase Following a Florida DUI
- DUI Traffic Schools in Florida: The Driving Under the Influence II Course
- Florida DUI Law: Understanding the Investigation Process
- What is a Florida DUI Hardship License?
- Florida’s Implied Consent Law: Refusal to Submit to a Blood/Breath Alcohol Test
- The DUI Laws in Florida: Tough, But Are They Fair?
- Florida DUI Lawyers: Making Sure That You Understand Your Rights
- Florida DUI Laws: Interpretation Under the Law
- Florida DUI Arrest: Step by Step Guide to the Process
- Florida DUI Law: Looking for a Reduction or Change in Charges
- Florida Drunk Driving Attorney: Questions to Ask When You Hire One
- Florida Drunk Driving Defense
- Florida DUI School: What Are You Going to Learn There?
- Online DUI School
- Florida Drunk Driving Attorneys: Where Do You Find Them?
- What happens in Florida Criminal Court
- How to Blow a Criminal Case in Florida
- Assault & Battery
- BUI
- First Offender & Diversion
- Forgery
- Kidnapping
- Interference with Custody
- Lewd or Lascivious
- Robbery & Theft
- Sexual Battery
- Weapons & Firearms
- Worthless Checks
- Burglary
- Domestic Violence
- DOMV Injunctions
- Driver's License Form (DUI)
- Drugs
- DUI
- False Domestic Charges
- Felony Sentencing
- Pensacola Attorney
- Criminal Attorney Florida
- Criminal Attorneys Florida
- Criminal Defense Attorney Florida
- Florida Criminal Attorney
- Florida Criminal Defense Attorney
- Destin Attorney
- Crestview Attorney
- False Domestic Violence Charge Awareness Month
- Florida Criminal Law Overview
- Escambia County Criminal Defense Attorney
- Florida Diversion Programs
- Florida First Offender Programs
- Criminal Defense Legal Fees
- Assault & Battery
- BUI & DUI
- False Domestic Violence Charge Awareness Month