by DUI Defense
Most road accidents occur due to operation of a vehicle under influence of alcohol (DUI) in the state of Florida. Authorities and law enforcers have made an effort to try and contain the problem with introduction and enforcement of rigid rules and stiff penalties. With such extreme measures, it is expected that DUI cases may diminish over the years. Under regular circumstances, people caught driving a vehicle with a high amount alcohol present in their blood sample, urine or breath, are qualified to be booked under DUI. In certain circumstances, there are drivers who might not oblige and undergo a DUI test. These drivers may be charged with another DUI offense and are liable to be punished by the Florida state law.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Even if you have been convicted with a DUI charge it is possible that you escape jail time. Jail time is the worst penalty a convicted can expect. It is the worst punishment in every sense. Being imprisoned in jail means a tough time. Moreover the first thing that people wish to escape is the humiliation associated with it. Though DUI law ensures that the offender gets harsh punishment, a skilled defense attorney can help you to obtain DUI jail alternatives that include:
-Work Release
-Work Furlough
-Electronic Monitoring
-Drug or Alcohol Rehabilitation
-City Jail or Weekend Jail
-Sober Living
You should have a clear idea about all these options so that you can tell your attorney which alternative would be preferable for you. Work Release: If you opt for work release you will have to work at a site selected by the Probation Department. You need to work at the determined site during the day. You are allowed to go to your home at night. Work Furlough: It is another preferable alternative to jail time. This alternative allows the convicted ones to keep their own job. However instead of going back to home at night the person will have to avail a dormitory-style facility at night to sleep. They will be released to go to work in the morning. Electronic Monitoring: It is also called “House Arrest”. If a convicted opt for electronic monitoring the person needs to wear an ankle bracelet. The bracelet electronically monitors the moves of the person who is wearing it. The wearer is often permitted to go to work but it is crucial that he or she gets back to home by an appointed time.
Full Article
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
At its most basic, a DUI is an acronym for Driving Under the Influence, where as DWI is Driving While Intoxicated. To put it another way, a DUI the intoxication maybe due to drugs, both legal and illegal; versus a DWI where the intoxication is a result of alcohol only. The real difference really depends upon a state’s legal definition of each. For example, some states actually consider a DUI a lesser offense compared to DWI. Often the BAC or Blood Alcohol Concentration level of the accused is what will determine if the lesser charge will be issued. Other states don’t even have a DUI charge, just DWI. Minnesota is an example of one of these. In those states that have a zero tolerance stance, there is essentially no difference in the charges of a DUI and a DWI. It comes as a surprise to some that you can be charged with a DUI if you were under a heavy dose of pain killers just as easily as if you were high on illegal drugs. There have been increasing cases of people being charged with a DUI when the intoxication was due to the effects of mixing alcohol and prescription drugs, or just prescription drugs on their own. They may have passed the breathalyzer, but failed the field sobriety test and then arrested on suspicion of DUI. In other words a drug related DUI does not depend upon if illegal drugs, over the counter medication, or prescription drugs were the source for the intoxication.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Sometimes bad things happen to good people. Maybe you made a poor decision to drink and drive and were arrested for DUI; but maybe it was a bad arrest and you were guilty of nothing more than being at the wrong place at the wrong time. Before even getting to the point of contacting a lawyer, there are some things you should do after being stopped on suspicion of DUI. First of all, it’s important to determine whether law enforcement officials actually witnessed behavior that led them to believe the accused was driving under the influence. Did police officers see the driver swerving or observe other signs of intoxication? Was the stop made at a DUI checkpoint? Did the accused cause an accident? Obtaining this information is vital since if the officer’s performed an arrest without just cause, it may be possible to have the evidence suppressed and the charges dropped. Some signs that are commonly used by the police to determine if a suspect has been drinking are:
-Turning with a wide radius
-Straddling the center of a lane marker
-”Appearing to be drunk”
-Weaving
-Speed more that 10 mph below the speed limit
-Stopping without reason in the traffic lane
-Braking erratically
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
If you’re facing a charge of driving under the influence of alcohol or another controlled substance, you may be asking a common question? Is DUI a felony? This answer is not so simple, since DUI laws vary from one jurisdiction to another. In general, DUI cases are handled in state superior court, and each state has its own laws that govern DUI. In general though, a first time DUI is a misdemeanor, with a few caveats. First, even a first time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver, or if there are grounds for believing that the driver was negligent or reckless in addition to being impaired by alcohol. In the case of serious injury, a DUI is often charged as a felony called vehicular assault. If someone is killed a result of the drunk driving episode, the at-fault driver will likely be charged with felony vehicular manslaughter, or in some cases vehicular homicide, which carries a higher sentence if the defendant is convicted. Another way that DUI is raised to a felony instead of a misdemeanor is when a driver has multiple DUI convictions. This varies by state, but DUI is commonly raised to a felony on the 4th DUI conviction. However, in some states even a 2nd or 3rd DUI arrest may be charged as a felony. In some cases, blood alcohol level may also impact whether DUI is charged as a misdemeanor or a felony. If blood alcohol level is considerably above the legal limit, the prosecutor may take this into account as evidence of negligence. Presumably someone who is severely impaired as a result of a very high alcohol intake should know that driving in such an impaired state is likely to result in serious harm to others. With all of this information about when DUI becomes a felony, it may be helpful to define exactly what the terms “misdemeanor” and “felony” mean. In general terms, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by one year or more in state prison.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Driving under influence of alcohol or alcohol is a problem that has risen to alarming levels. In fact, a recent survey has bought home a terrible fact that shows that drunk driving claims five lives everyday. A drunk driver faces humiliation, fine, probation, loss of license and the possibility of a prison sentence. The law is somewhat lenient to first time offenders. Technically, it call for a jail sentence, but first time DUI offenders usually have this sentence suspended and the driver is put on probation. In simple terms, this means that the offender is subject to community supervision. Probation usually lasts one to two years. The offender must obey the judge’s order or the suspension can be revoked. The offender can then face a prison term. Usually a condition of probation demands that the offender must not violate the law, or drink alcohol. At the same time, it is necessary for the offender to maintain a job. The offender must follow all the regulations laid down for the probation period. This includes reporting to the prison office, usually once a month.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Being pulled over and charged with DUI can be very frightening. You aren’t sure what penalties you will face and you don’t know how this will affect your criminal record, your employment status, and your ability to receive loans or be offered jobs in the future. And, while one DUI can be damaging in these different areas of your life, multiple DUI charges can have even worse ramifications. With each subsequent driving under the influence conviction you receive, your punishment will increase substantially. After you have been charged with DUI four times in a few year time period, you will face a felony conviction and with it, up to several years in jail and thousands of dollars in fines. The best way to avoid such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, we understand that sometimes, mistakes are made and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled DUI defense attorney can be invaluable.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
What can DUI penalties should you expect if you’re case is not resolved favorably? Here are a few scenarios. In order to get the full scope of laws and penalties regarding drunk driving read the Driver’s Manual provided by the local Department of Motor Vehicles. DUI penalties vary from state to state and from the graveness of the penalty. For first offenders, expect a license suspension or restriction and a fine. Expect to pay quiet a large sum of money since the fine will cost about hundreds to thousands of dollars. Plus, there is a cost to getting your licensing back. At some states the arresting officer are allowed to retain your license until you pay the imposed fine. First offenders are also order to do forced community service and to attend DUI classes. DUI penalties for second and repeat offenders are the same. However, the fines and the provisions for the restrictions are much harsher. Offenders may be prohibited from the driving the streets within the territory for a given period of time. The driving license may be restricted or revoked depending on the graveness of the offense. There is also the possibility of a jail sentence. The term will depend on how grave the DUI offense is. Offenders are also required to do community service and to attend DUI classes, albeit for a longer period of time.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Your first time in Court is called an Arraignment. Your next court date is called a Pre-Trial or Status Conference. You may also have court dates for Motions or Trial. This is your first time in Court and it’s where you are formally told about the charges against you. In the case of DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI. Depending on Jurisdiction, you will either be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. Arrive a few minutes early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That’s where you need to go. If you get confused or can’t find your courtroom, ask at the Court Clerk’s office – they are generally very helpful. Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it’s a paper, they will want you to sign your name – saying that you understand your rights. Eventually, you will be called up in front of the Judge. Don’t Panic. This is not your time to explain what happened – there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge(s) against you and whether you want to plead Guilty or Not Guilty. That’s it.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
blecherlaw.com
