DUI arrests are on the rise, and the state of Florida is no exception. Every day, ordinary law abiding citizens have their lives ruined because they had a few drinks before driving home at night.
Florida State DUI Laws
If you have a blood alcohol level (BAC) of .08 or more, you can be arrested for a DUI. Police can test your BAC with urine, blood, or breath tests. It is also important to remember if you are under the influence of drugs, you can receive a DUI as well.
First Offense
Florida imposes the following penalties for first time offenders:
· 1st degree misdemeanor for violations that cause property damage
· 3rd degree felony for violations causing serious bodily injury
· Manslaughter charges when an individual is killed
· Maximum jail time of 6 months; 9 months with a BAC over 2.0
· $250-$500 fine; $500-$1,000 if BAC is over 2.0
· Suspended license for 6 months to a year
· Vehicle impounded for 10 days
· Completion of 12 hours of DUI school
· Up to 1 year of probation
· 50 hours of community service; you will be fined $10 for every hour of service you fail to complete
Second Offense
All felony and misdemeanor charges remain the same. However, the other penalties are a bit steeper:
· Mandatory 10 days-9 months in jail; 12 months if both convictions occur in a 5 year period
· $500-$1,000 fines; $1,000-$2,000 if BAC is over 2.0
· Suspended license for 6 months to a year; minimum 5 year suspension if both convictions occur in a 5 year period
· Vehicle impounded for 30 days if both offenses are within 5 years of each other
· Completion of 21 hours of DUI school
· 1 year of probation
Insurance Consequences
Your insurance company will respond to your DUI conviction in one of two ways. They will either raise your rates or cancel your policy. Generally, the rate increase will be substantial. If your policy is canceled, you will need to find another insurance company that is willing to cover you as a “high-risk driver.” Again, your premiums will be high.
In order to have your license reinstated, you will need to provide the DMV with an SR-22 form stating that you have valid insurance. Some insurance companies do not offer SR-22 policies, and as a result they may be forced to cancel your policy.
The Consequences are Severe
Many people who have never gotten in trouble with the law have seen their lives ruined by a DUI offense. If you work in education, medicine, government, or childcare, you may have trouble finding future employment, and your current job may be jeopardized.
I have personally experienced this first-hand. I received a DUI in 2000 when I was 23 years old. Later on, I got my Master’s Degree in education and applied for middle and high school teaching positions in my area. I had a job offer revoked once the district’s HR department learned of my DUI conviction.
Unfortunately, DUIs remain on your record for the rest of your life. If you make a stupid mistake at a young age, you might have to pay the consequences for decades. Therefore, you must consult an experienced DUI attorney in order to minimize the damage caused by your mistake.
Source: Article Base
Florida DUI Attorney
DUI arrests are on the rise, and the state of Florida is no exception. Every day, ordinary law abiding citizens have their lives ruined because they had a few drinks before driving home at night.
Florida State DUI Laws
If you have a blood alcohol level (BAC) of .08 or more, you can be arrested for a DUI. Police can test your BAC with urine, blood, or breath tests. It is also important to remember if you are under the influence of drugs, you can receive a DUI as well.
First Offense
Florida imposes the following penalties for first time offenders:
· 1st degree misdemeanor for violations that cause property damage
· 3rd degree felony for violations causing serious bodily injury
· Manslaughter charges when an individual is killed
· Maximum jail time of 6 months; 9 months with a BAC over 2.0
· $250-$500 fine; $500-$1,000 if BAC is over 2.0
· Suspended license for 6 months to a year
· Vehicle impounded for 10 days
· Completion of 12 hours of DUI school
· Up to 1 year of probation
· 50 hours of community service; you will be fined $10 for every hour of service you fail to complete
Second Offense
All felony and misdemeanor charges remain the same. However, the other penalties are a bit steeper:
· Mandatory 10 days-9 months in jail; 12 months if both convictions occur in a 5 year period
· $500-$1,000 fines; $1,000-$2,000 if BAC is over 2.0
· Suspended license for 6 months to a year; minimum 5 year suspension if both convictions occur in a 5 year period
· Vehicle impounded for 30 days if both offenses are within 5 years of each other
· Completion of 21 hours of DUI school
· 1 year of probation
Insurance Consequences
Your insurance company will respond to your DUI conviction in one of two ways. They will either raise your rates or cancel your policy. Generally, the rate increase will be substantial. If your policy is canceled, you will need to find another insurance company that is willing to cover you as a “high-risk driver.” Again, your premiums will be high.
In order to have your license reinstated, you will need to provide the DMV with an SR-22 form stating that you have valid insurance. Some insurance companies do not offer SR-22 policies, and as a result they may be forced to cancel your policy.
The Consequences are Severe
Many people who have never gotten in trouble with the law have seen their lives ruined by a DUI offense. If you work in education, medicine, government, or childcare, you may have trouble finding future employment, and your current job may be jeopardized.
I have personally experienced this first-hand. I received a DUI in 2000 when I was 23 years old. Later on, I got my Master’s Degree in education and applied for middle and high school teaching positions in my area. I had a job offer revoked once the district’s HR department learned of my DUI conviction.
Unfortunately, DUIs remain on your record for the rest of your life. If you make a stupid mistake at a young age, you might have to pay the consequences for decades. Therefore, you must consult an experienced DUI attorney in order to minimize the damage caused by your mistake.
Source: Article Base
Florida DUI Attorney
The law firm of Dell & Schaefer was established in 1979. Today our law firm has six former Assistant State Attorneys that have handled thousands of criminal cases dealing with everything from DUI charges to Murder. The criminal division of Attorneys Dell & Schaefer is led by Senior Attorney, Leonard Feuer. Every lawyer in our firm is committed to aggressively representing and protecting our clients’ constitutional rights. Whether it is a bond hearing, motion to suppress or jury trial, we have the skills, knowledge and experience necessary to defend the rights of our clients. We have more than twenty office locations throughout the State of Florida. Our firm has received the highest rating of AV, by the nations leading law firm rating company Martindale-Hubbell. An AV rating indicates very high to preeminent legal ability and very high ethical standards as established by confidential opinions from other attorneys and judges in the community. We encourage you to consult with an attorney prior to making any decisions in your pending case. Make sure you know your rights. We are available 24 hours to provide you with a free consultation.
Standardized Field Sobriety Testing
The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through IACP.
The three tests
of the SFST are:
1. the horizontal gaze nystagmus (HGN)
2. the walk-and-turn
3. the one-leg stand.
These tests are administered systematically
and are evaluated according to measured responses
of the suspect.
HGN Testing
Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.
Divided Attention Testing
The walk-and-turn test and one-leg stand test are "divided attention" tests that are easily performed by most sober people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the more convincing the testimony. Because SFST is administered according to national standards and is supported by significant research, it has greater credibility than mere subjective testimony.
Alternative Testing Methods
Sometimes, an officer will encounter a disabled driver who cannot perform the SFST. In such cases, some other battery of tests such as counting aloud, reciting the alphabet, or finger dexterity tests may be administered. If the proper motions are filed, these test are usually not admissible at trial.
