Tuesday, May 28, 2013

How DUI Conviction Can Affect Your Life


There are many ways by which a driving under the influence (DUI) conviction can affect your life. The first conviction may result in license suspension, court supervised probation, mandatory attendance in alcohol treatment program, and payment of court fines. The most important thing to note about a conviction however is not the penalties that may be meted out to the offender but the impact the conviction has on the life after all sentencing requirements have been complied with. The offender will carry a “criminal record”.
A DUI conviction, which is a misdemeanor offense, will become permanent on an individual’s criminal record. The only way it could be removed from the individual’s record is to petition the court to have the conviction expunged. If the court allows the petition and the conviction is expunged, then the conviction will not longer appear in a record check.
There are states that do not allow expunction, but will allow a record to be sealed. A sealing of criminal record has the same result as an expunction. However, certain agencies of the government could still see the conviction. The procedure for sealing a criminal record, like expunction, requires petitioning the court for such relief.
Now let’s discuss how a criminal record with DUI arrest can affect an individual’s life. One important aspect of life that could be affected is employment. An employer usually does a routine criminal background check before hiring an individual. A criminal record will show up, unless it has been expunged or sealed. The employer has the right to decline employment based on a criminal record.
Another aspect that could be affected is renting an apartment. Many states allow landlords to conduct a criminal background check before they rent. Landlords usually turn down individuals with criminal records in rending apartments due to security reasons. There are many states that allow car insurance premiums if a person has had a DUI arrest before.
Travel and residency rights are also adversely affected by DUI conviction. Certain countries, like Canada, will not allow cross border if an individual has a misdemeanor conviction. There are misdemeanor acts that could trigger deportation for a non-citizen too.
It is important to talk to a criminal defense lawyer if you face any DUI charge. A lawyer can protect your rights and ensure that your freedom is not compromised. Retaining the services of a lawyer is very important in expunging or sealing a DUI criminal record.

Wednesday, May 8, 2013

Drugged Driving in Florida



Florida has many cases of driving under the influence of illegal substance or an over-the-counter medication. This is as unlawful as drunk driving. DUI in the Sunshine State is defined as driving under the influence of alcohol, chemical substances, or controlled substances. It is not legal to operate a motor vehicle, whether boat or a car, when your normal faculties are impaired by the means of alcohol or any other substance.

Operating a vehicle under the influence of an illegal drug like cocaine, marijuana, or heroine is dangerous. Interestingly many people in Florida are not aware that they could get face legal issues for driving the under the influence of prescription medication. Many prescription medications have similar effects like that of alcohol. Others have worse effects than alcohol.

There are a number of other drugs that can impair a person’s ability to drive safely. These drugs include many prescription medications or even drugs that you can purchase at a local drugstore. Drugs that are taken for anxiety or allergies, in particular, can result in drowsiness and affect the person’s reaction time. Pep pills, on the other hand, can make a person nervous, dizzy, and can result in loss of concentration and blurred vision.

There are many prescription drugs that can affect one’s judgment. Since many people are obliged to take their prescription medications, it is important to read the warnings on the label properly. Prescription drugs usually state that you must operate carefully machinery while taking them. However, it is better to avoid driving while under the influence of such drug.

In Florida, you can be arrested for driving under the influence of alcohol if you go beyond the legal limit of .08%. In contrast, there is not legal limit for driving under the influence of drugs. This means that anyone could be arrested for DUI. The consequences of DUID can result in driver’s license suspension, fines, community service, and probation. It could remain permanent on your criminal record.

If you or a loved one has been charged with DUI drug, then you must talk to an experienced defense lawyer. There are legal defenses to this charge, such as lack of scientific research. You should contact a criminal defense lawyer as soon as you can because the involvement of your lawyer at an early stage is crucial to the outcome of your case. Remember that driving under the influence of drug is not similar to a regular drunk driving.

What are the Consequences of a Guilty Plea in a DUI Case?



If you have been arrested for DUI in Florida, you often want to just enter a “not guilty” plea unless you are instructed by your criminal defense attorney do so. If you plead not guilty, you may have the chance to accept court plea deals or options later while you and your lawyer have time to build a defense strategy against the charges thrown against you. Pleading not guilty means your case will eventually go to trial before a jury or judge.

In contrast, using a plea bargain is a common strategy used by both defense attorneys and prosecutors to speed up the resolution of the DUI case. You must take note that not all plea bargains have the same outcome. It is recommended that you speak to your attorney about this in detail before you accept any deal offered to you.

For instance, a plea bargain may result in the removal of any time spent in jail or prison but a DUI conviction will be permanent on the criminal record. There are many cases when the defendant is not aware of the long-term implication of this arrangement. A permanent DUI on your record can hurt you later when you look for a job, purchase a car, or in other important decision about your life later.

Plea Arrangements

There are some plea arrangements that do not include conviction but may include other financial costs a defendant does not anticipate, like a long and costly probationary period to go through. A violation of your probation any time will result in another separate crime that may likely land you some time in jail.

In some instances, you criminal defense lawyer may be able to get your charge reduced to a less serious offense or make a deal for a favorable outcome for you. That is why retaining an experienced DUI lawyer as early as in the process is important. The sooner you talk to a lawyer, the better because DUI offenses are taken seriously by Florida courts.

If you or someone you love has been arrested for DUI in Florida, talk to a criminal defense lawyer who has handled similar cases and who knows how to work the system in your favor. Choosing the right DUI defense lawyer is critical to any legal proceeding, especially when your rights and freedom are on the line. Work with a lawyer who has dedication and who listens to your story.