DUI implies driving under the Influence and DWI means driving while intoxicated. These are violations under the Florida law and a person found to be violating DUI or Violators of DWI laws can be arrested and penalized under the Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances Law s. 316.193, F.S. A person is said to be under the influence of alcohol if he/she has blood or breath alcohol content of more than 0.08 (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath).
If a person is convicted of drunk driving under Florida, it would mean a permanent criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may be even imprisonment. In case of arrest, it is better to consult a good DUI attorney who would help to lessen the jail term or even stop it.
Florida DUI attorneys can provide defense based on the test results if they are favorable for the client. They can also defend the client by analyzing the environment and road conditions at the time and location of the arrests and any other factors that may have affected the sobriety tests at that time. Defense can also be built by analyzing the DUI deposition testimonies of the cops as well as state expert witnesses. Attorneys can effectively review the case for any loopholes, conduct independent analysis of the blood samples, check the calibration and maintenance records of the breath-analyzing machine, suppress evidence and obtain good witnesses to provide the best defense.
There are several formalities after a DUI arrest. There would be a formal Motor Vehicle Hearing, which can be requested 10 days after the license has been confiscated. This hearing is very important because losing here would be loss of the temporary license as well (a temporary license is usually given until the hearing). Hence, it is very important to have good defense strategy at this stage itself. The next stage is the Arraignment, which can be dated some 30-60 days from the date of the arrest. This is basically for the advisement of rights and doesn’t have to be attended in person if the accused has an attorney. The suppression hearing, which occurs anytime between 6 weeks to 3 months after the pre-trial conference, is the next stage. The trial is generally held within 6 months after the plea is submitted. The jury usually comprises of 6 members. The final stage is sentencing after a conviction or the acceptance of a plea bargain.
Conditions for release of persons arrested under DUI are given under s. 316.193 (9), F.S. They are: the person should not longer be under influence, the person’s normal faculties should no longer be impaired, the person’s BAL levels are less than 0.05 or eight hours have elapsed since the time of arrest.
Related Articles of Interest :
-
A Guide To Florida DUI Attorneys
10 August 2010 8:30 PM |
No Comments
Driving under intoxication from alcohol or drugs is a serious traffic violation in Florida and comes under misdemeanor or traffic crime or even felony in some cases. Violators of DWI (driving while intoxicated) laws can be arrested and penalized under the Driving Under the Influence...
-
Florida DUI Arrests
10 August 2010 8:30 PM |
No Comments
Over the past few years’ road accidents have risen to an alarming level, and the ones related to drunk driving are becoming increasingly common. Legal action in such cases can be complicated and sometimes unjust. However, penalties and arrests are the only ways in which...
-
Florida DUI Laws
10 August 2010 8:30 PM |
No Comments
Driving under the influence of alcohol and the havoc it creates on the road are becoming an accepted fact of life for many, In Florida, one of the most affluent states in the country, driving under the influence (DUI) is notorious, and every step is...
-
A Guide To Florida DUI Laws
10 August 2010 8:30 PM |
No Comments
DUI laws are defined by each state. These are mostly similar except for a few exceptions. Generally, drinking and driving is a very serious offence in most states and can affect a person considerably if he/she is convicted under DUI. Florida has some very strict...
-
Florida DUI and Probation
10 August 2010 8:30 PM |
No Comments
In Florida, DUI or driving under influence of alcohol/drugs or other intoxication substances is a serious offense equivalent to misdemeanor or traffic crime or even felony. A person is said to be under the influence of alcohol if he/she has blood or breath alcohol content...
-
Florida DUI Defense
10 August 2010 8:30 PM |
No Comments
DUI (driving under the influence) is a serious offence in Florida and may be considered as a misdemeanor or traffic crime or even felony in some cases. Getting arrested under DUI may mean a permanent criminal record, fine, community service, loss of license, vehicle immobilization,...
-
Florida DUI and Fines
10 August 2010 8:30 PM |
No Comments
DUI (driving under influence) or DWI (driving while intoxicated) is a serious offence in Florida. It is treated as misdemeanor or traffic crime or even felony in some cases. Driving under the influence of intoxication from alcohol or drugs may result in accidents and is...
-
Florida DUI And License Restriction
10 August 2010 8:30 PM |
No Comments
DUI implies driving under the Influence and DWI means driving while intoxicated. These are violations under the Florida law and a person found to be violating DUI or DWI laws can be arrested and penalized under the Driving Under the Influence of Alcoholic Beverages, Chemical...
-
Florida DUI
10 August 2010 8:30 PM |
No Comments
Like most states, there is a DUI law in Florida. DUI stands for “driving under the influence of alcohol”. Getting arrested and charged with a dui is a criminal offense, because you are not only endangering yourself but those with or around you. When the...
-
Arizona DUI Arrests
10 August 2010 8:30 PM |
No Comments
‘Driving Under the Influence’ or drunk driving is a punishable offence. The driver is arrested by police officers and taken into custody. It is not necessary to handcuff or restrict the physical movements of the suspect. An arrest can be executed by merely informing the...