Facts About DUI in Florida That You Should Know

Florida has interesting facts about driving under the influence (DUI). Here are some of the interesting facts:

Florida allows a driver to request an Independent Blood Draw if he submits to a breath analyzer test. If police officers acted in bad faith during the administration of the test like they do not allow you to access a telephone and a phonebook, the test results could be suppressed and the case may be even be dismissed by the Court.

One can be arrested and convicted for DUI while riding a bicycle.

Law enforcement officers can lawfully stop your car when you have a headlight out, expired tag, improperly tinted windows, and other violations. If they smell alcohol during the stop, they will probably ask you to step out of the car and perform some field sobriety tests.

Under Florida law, a driver’s license is not automatically suspended if the driver refused to complete field sobriety tests.

Law enforcement officers look for telltale signs like when the driver fumbles around with his license, vehicle registration, and car insurance information to determine if DUI is involved.

Refusal to submit to a breath test after being arrested for boating under the influence (BUI) won’t result in the suspension of driving privileges by the Department of Motor Vehicles. However, driver’s license may be suspended by the Criminal Court once the driver pleads or is found guilty of BUI.

If you submit to a breath test, the law enforcement officer who would administer the test must observe you for twenty minutes to make sure that you do not put anything in your mouth or vomit. If you vomit or regurgitate, the enforcers should not administer the test at least until twenty minutes have passed.

A driver who has a well-founded fear and belief that a life-threatening emergency situation had occurred that prompted him to drive while under the influence of drugs or alcohol could ask the Court to dismiss his case. This is a valid legal defense a driver  and his criminal defense lawyer can raise in front of the jury.

If a driver is involved in a car accident with property damage, he is obligated by the law to stay and cooperate with the accident investigation. In any event that the law enforcement officer informs the driver that he has concluded the investigation and is now working on a criminal investigation and reads the driver the Miranda Warning, any statement that the driver makes could be used against him in a criminal case.

Consequences of Driving Under the Influence in Florida

 The people of Florida should be mindful of its DUI laws. Every driver should know how to drink responsibly. People are arrested for DUI for different reasons. Maybe the arrest is a result of poor judgment, bad luck or even eagerness of police officers to arrest.

As a driver in the sunshine state, you should be aware of the following facts about DUI laws.

  

Florida DUI Laws

If you have been arrested for DUI, you are only given ten days to make an appeal of not suspending your driver’s license. A conviction will lead to permanent criminal record, high fines, lengthy probation, and driver’s license revocation. You will be forced to attend substance abuse classes and install ignition interlock device too. You should consider consulting with an experienced DUI lawyer about your rights under the law.

Breath Analyzer Test

If you blow beyond the legal limit of .08 BAC (breath alcohol concentration), your driving privileges will be suspended for six months. If you refuse the test, the suspension is one year. You are given ten days to make an appeal against the suspension of your license. In case you lose the appeal, then your license remains suspended and you will not be entitled to a work permit for 30 days (breath test) or 90 days (refusal). You may face a first-degree misdemeanor, which is punishable by up to one year in county jail, if you refuse to submit a breath and/or urine test for the second time.

Ignition Interlock Device

An Ignition Interlock Device is a tool installed inside a vehicle, which requires the driver to breathe into a measuring device before the vehicle will start. The car will not start if the device detects any alcohol. A person convicted of a first offense DUI with a BAC above .15, or a second or third DUI offender who wishes to get a permanent or restricted driver license is mandated to install this device, at their own expense. Drivers must show proof of interlock installation before they will be issued a license.

Third DUI Offense

Multiple convictions of DUI in Florida carry increased penalties. A third offense within ten years, for example, can be charged as a third-degree felony. Ten years ago, a third DUI offense within ten years was a misdemeanor offense.

If you have been arrested for DUI, you must talk to a lawyer as soon as you can. A DUI lawyer has many valid legal defenses to a DUI prosecution.

What You Need to Know About Driving on a Suspended License in Florida

Florida judges and prosecutors take driving on a suspended license (DWLS) very seriously. A driver who enters a plea to a DWLS charge can potentially make him or her a habitual traffic offender (HTO), which could lead to a five-year suspension of driving privileges. If you face DWLS charge, working with an experienced criminal defense lawyer is the best way to protect your rights.

A Misdemeanor or Felony?

The fines and penalties for driving on suspended license depend on the reason why your license is suspended and if you have prior convictions. Florida Statute 322.34 stipulates three different levels of offenses.

·      First Offense – In an initial DWLS offense, you may be charged with a civil infraction or misdemeanor, depending on whether you are aware of the license suspension or not. Criminal charges apply if you are aware that your license has been suspended and yet you still drive. A conviction can lead you to jail for sixty days and make you pay five hundred dollars.

·      Second Offense – A second offense carries penalties up to one year in jail and a five hundred dollar fine. The offense may be considered a felony HTO if it is the “third strike” against you. This will result in a five-year suspension of your license to drive.

·      Third Offense – A third offense is considered a felony in the Sunshine State. This could result in five-year imprisonment and revocation of driver’s license for five years. On top of that, you can be labeled as a habitual traffic offender, whether you were imprisoned or not.

Speak to a DWLS Lawyer

When you face a DWLS charge, it is important that you talk to an experienced DWLS lawyer. The lawyer can evaluate your case. Choose a lawyer who is experienced in handling DWLS cases. This way your rights are not violated. The lawyer should carefully look into every angle of the case, whether the stop was illegal or if your Miranda Rights were violated.

Speaking to a lawyer before you make a decision like entering a plea is very important. The criminal defense lawyer can help you explore every possible avenue in obtaining a valid driver’s license. This includes helping you resolve criminal case and any administrative matter that has an impact on your driving privileges. Most importantly, a lawyer can guide you that this won’t happen again.

Visit our Delray Beach Florida DUI defense lawyers if you want to talk to a lawyer today!

How to Deal with Driving While License Suspended (DWLS) in Florida

Handling a criminal offense like driving while license suspended in Florida requires caution on the part of the offender. Any criminal offense like this can have very negative effect. DWLS could affect your immigration status, employability, and even your freedom. If you face this criminal charge in Florida, there are some important issues you need to consider.

The first thing to remember when you are stopped for driving while license suspended in Florida is to remain calm. Do not be agitated as this may only lead to more suspicion. Be polite to the police officer when they ask you. Remember that the police officer at this point will make a decision whether you get arrested or not.

The first issue you need to handle when you are dealing with DWLS in Florida is whether you knew about the suspension. If you are not aware of the suspension, then it is considered an infraction. If you are aware of the suspension, then it is considered a criminal offense. Be honest at all times when you are in the court. Remember that you are under oath and you can be held in contempt for perjury if you lie.

The second issue you need to know is why was your license suspended in the first place. Take note that it is more serious to drive with suspended license for driving under the influence (DUI) than simply failing to pay a traffic ticket.

The third issue is the number of times you have been charged with DWLS. Prior convictions could affect the amount of fine and the severity of the punishment for you. Fine and punishment tends to go up in relation to your prior convictions. Judges and prosecutors get tired of seeing habitual offenders in the Sunshine State.

The fourth and last issue you need to consider is compliance. After getting pulled over for DWLS, did you take time to fix the problem and reinstate your license? Generally speaking, Florida court is more sympathetic to people who reinstate their license right after the DWLS charge.

When you are facing a driving while license suspended charge in Stuart, Florida, you should obtain legal advice from an experienced Delray Beach Florida DWLS lawyer. A DWLS lawyer may resolve your case in the best possible manner and method to avoid future adverse legal consequences.