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 judges 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.
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Tags: attorney, car, Community Service, defense, drive, driving, Driving Under The Influence, drunk, DUI, DUI Probation, Jail Time, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
If you have been charged with a drunk driving offense (usually referred to as a DUI, short for driving under the influence in Florida, you are probably wondering what you are facing in terms of fines, jail time, and other punishment. Unfortunately for you, drunk driving is nowadays considered to be a very serious offense, even if there is no personal injury or property damage involved. You will be very lucky to walk away from the charge with just a fine, even if it is only your first conviction. If you have already had a conviction, expect jail time for sure. Either way, you will definitely want to hire experienced counsel to minimize the penalties you will face. If you are not going to jail, you will definitely be required to perform at least fifty hours of community service. You will also be placed on probation for up to a year. Your car may be impounded for a number of days and your drivers license will be suspended for several months. If you have already been convicted of drunk driving, expect to go to jail unless your attorney is good. Prison is no fun, and you will be there for several months. Even first time offenders can be sent to jail depending on the specifics of the offense. The jail time is usually on top of other penalties.
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For questions about DUI please contact:
Jonathan Blecher, Miami DUI lawyer
Address:
9150 S Dadeland Blvd
Dadeland Centre II
Suite 1010
Miami, FL 33156
Toll Free:
1.888.DRUNK 07
1.888.378.6507
Office:
305.670.1800
Mobile:
305.321.3237
Fax:
305.670.4827
Email:
jonathan@blecherlaw.com
Tags: attorney, car, defense, drive, driving, Driving Under The Influence, drunk, Drunk Driving, DUI, Dui Laws, DUI Penalties, law, Laws, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
It is often an assumption that people you see who are behind bars are people that committed violence and have been thrown inside jail in order to protect the rest of the community. However, one fact that is often overlooked is the fact that a person arrested for driving under the influence or DUI can be put behind bars as well. But, lawmakers have been updating and amending penalties and punishment for drinking and driving offenses to impose more strict consequences of the DUI offense. Some states have required jail time as a possible consequence of a driving under the influence offense even though this varies from state to state. The state’s judiciary system will impose specific minimum and maximum time to spend inside the jail as a sentence to the offense. The length of this mandatory jail time is being determined by the multitude as well as the number of offense the defendant has on his or her criminal record. The judge who is in charge of the case of the defendants DUI case has no jurisdiction on the length of jail time that the defendant will receive under the mandatory jail time laws. Other than the number and multitude of the offense in the defendants record, some other factors in determining the length of jail stay also exist. They are mostly called punishment enhancers that can increase the defendants jail time. Excessive levels of alcohol found during the blood alcohol concentration test during the period of arrest or if the defendant caused an accident while drinking and driving warrant an additional jail time sentence for the defendant. Another factor would be transporting a minor at the time of intoxication will similarly add jail time sentence on the defendant. Aside from jail time, other penalties that the defendant may receive if found guilty of the DUI offense also exist such as longer drivers license suspension or revocation, community service, rehabilitation, education and the vehicle that was used in the offense may be impounded.
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Tags: attorney, car, Crimina, Criminal Law, defense, drive, driving, drunk, DUI, DUI Defense, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
It is often an assumption that people you see who are behind bars are people that committed violence and have been thrown inside jail in order to protect the rest of the community. However, one fact that is often overlooked is the fact that a person arrested for driving under the influence or DUI can be put behind bars as well. But, lawmakers have been updating and amending penalties and punishment for drinking and driving offenses to impose more strict consequences of the DUI offense. Some states have required jail time as a possible consequence of a driving under the influence offense even though this varies from state to state. The states judiciary system will impose specific minimum and maximum time to spend inside the jail as a sentence to the offense. The length of this mandatory jail time is being determined by the multitude as well as the number of offense the defendant has on his or her criminal record. The judge who is in charge of the case of the defendants DUI case has no jurisdiction on the length of jail time that the defendant will receive under the mandatory jail time laws. Other than the number and multitude of the offense in the defendant’s record, some other factors in determining the length of jail stay also exist. They are mostly called punishment enhancers that can increase the defendant’s jail time. Excessive levels of alcohol found during the blood alcohol concentration test during the period of arrest or if the defendant caused an accident while drinking and driving warrant an additional jail time sentence for the defendant. Another factor would be transporting a minor at the time of intoxication will similarly add jail time sentence on the defendant. Aside from jail time, other penalties that the defendant may receive if found guilty of the DUI offense also exist such as longer driver’s license suspension or revocation, community service, rehabilitation, education and the vehicle that was used in the offense may be impounded.
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For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, Driving Under The Influence, drunk, DUI, DUI Cases, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
How the DUI conviction affects your driving privileges will depend on what state you were arrested in. Some states will invalidate the license the moment you’re arrested. Some states allow you to fight the charge before suspending it; you’re generally allowed one month before this occurs. If you don’t request a hearing within this time frame, your driver’s license will be suspended. This consequence is called the Administrative License Revocation or Suspension. They generally occur because you were caught with a blood alcohol that was higher than the legal limit; they are also separate from your DUI court case. Keep in mind that should you refuse to take the chemical tests (blood, breath and/or urine) at the time of your arrest, the state has the right to suspend your license automatically. If you’re required to take this test, it’s in your best driving interest to do so. Even if you don’t reside in the state you are arrested, your license can still be revoked in your state. If you don’t want to lose your privilege to drive, then it’s in your best interest to hire an experienced DUI lawyer. He/she can help you fight the DMV to keep your license as well as your court case. Remember that the DMV case is entirely different from the DUI case but regardless of what the DMV case outcome is, your DUI case can affect it and your privilege to drive. It’s highly recommended that you challenge your suspension. The worst-case scenario is that you are found guilty of the DUI charge and receive the suspension anyway. Now you can have a restricted license that allows you to drive to a disclosed location (usually work and school) but you will need to make the request at the DMV hearing. You can do this on your own but your DUI attorney would be better equipped and knowledgeable about these matters.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
One frequently asked question is how many drinks does it take to put someone over the legally admissible blood alcohol content for driving. This is a very complicated question as there are many factors that come into play. These can include your body type, weight, sex, the time period over which you imbibed your drinks, etc. Of course, the simplest and most obvious answer to this question is to never ever drink and drive and you won’t have a problem. This article and its author admonishes you to you never drink and drive and always have a designated driver whenever ANY alcohol is being consumed. You will be safer by doing so, and so will those who share the roads with you. If you have been arrested for DUI or a similar charge, you need to find the best DUI lawyer you can find to help defend you. However, to answer the question, we’ll offer some thoughts here. Remember, this is certainly not an exact science, but there are some rules of thumb that might aid you in determining whether you are likely to be over the limit.
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For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, Driving Under The Influence, drunk, DUI, Dui Laws, law, lawyer, miami back on track, Miami DUI Lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
If you are 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.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
Traffic citations are an unsettling experience, and that includes DUI. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states. What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI. The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
DUI was in the spotlight last year as some young Hollywood celebrities were arrested, fined and even jailed for drunk driving. Even if DUI is not a major offense, the damages and dangers it could have brought to the driver and to other people on the road is life changing. However, one cannot avoid making a lapse in judgment once in a while. 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.
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For More Information Visit: http://www.duilawdefense.com
Tags: car, drive, Drunk Driving, DUI, DUI Law, DUI Penalties, law, Miami DUI Lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
One frequently asked question is how many drinks does it take to put someone over the legally admissible blood alcohol content for driving. This is a very complicated question as there are many factors that come into play. These can include your body type, weight, sex, the time period over which you imbibed your drinks, etc. Of course, the simplest and most obvious answer to this question is to never ever drink and drive and you won’t have a problem. This article and its author admonishes you to you never drink and drive and always have a designated driver whenever ANY alcohol is being consumed. You will be safer by doing so, and so will those who share the roads with you. If you have been arrested for DUI or a similar charge, you need to find the best DUI lawyer you can find to help defend you. However, to answer the question, we’ll offer some thoughts here. Remember, this is certainly not an exact science, but there are some rules of thumb that might aid you in determining whether you are likely to be over the limit.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, Driving Under The Influence, drunk, DUI, Dui Laws, law, lawyer, miami back on track, Miami DUI Lawyer
Posted in Miami DUI Layer - Driving Under the Influence
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