Ft. Lauderdale DUI Lawyers
- Duhaney, Kristina:
DUI Penalties
If you are found to have between .08 and .2 Blood-alcohol-level (BAC) in Florida, you can face the following penalties:
First Offense
* Fines: Between $250 and $500
* Imprisonment: Up to six months
* License Revocation: Six months to one year
Second Offense Within Five Years
* Fines: Between $500 and $1,000
* Imprisonment: Between 10 days and nine months
* License revocation: Five years
Third Offense Within 10 Years of a Prior Conviction
* Fines: Between $1,000 and $2,500
* Imprisonment: Between 30 days and one year
* License revocation: 10 years
Fourth Offense Ñ Felony
The fourth drunk driving offense is considered a felony and includes:
* Fines: Up to $5,000
* Imprisonment: Five years of prison, maximum
* License revocation: Permanent
In most cases, the penalties are higher if you are found to have a BAC over .2.
- Bosco, Joseph:
If you have been arrested for drunk driving, you need a qualified and
experienced attorney in your corner to make sure your rights are
protected.
Even more than that, you need someone with a thorough knowledge of the
complexities of DUI law in Palm Beach, Broward & Miami-Dade Counties to
fight for you.
There are literally hundreds of legal recourses that can help you reduce
your sentence to a non-criminal charge or get your case thrown out
altogether. We know every single one of these loopholes, and we know how
to use them to your advantage. If the arresting police officer did not
follow due process in any aspect of the arrest, we will find out and, in
many cases, use that information to get your case thrown out entirely.
This is why it is crucial to have an attorney on your side. You must
never go alone to defend yourself against a drunk driving charge.
- Trachman, Robert:
n some states, motorists who have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) may be able to plea bargain the charge down to a wet reckless charge. A wet reckless charge is considered a lesser charge than a DUI or DWI. In addition, a wet reckless charge usually carries a sentence of probation rather than jail time, and the fines involved are usually lower. Although the name of the offense is "wet reckless," there is no requirement that there is any reckless driving.
- Raisman & Raisman:
Every year the State of Florida increases the penalties for DUI/DWI. Each year more and more people go to jail and lose their driving privileges after a DWI arrest. Even first time offenders now face stiff criminal and civil penalties for a DUI.
- Dell & Schaefer:
"Mouth alcohol" refers to the existence of any alcohol in the mouth or
esophagus. If this is present during a breath test, then the results
will be falsely high. This is because the breath machine assumes that
the breath is from the lungs; for complex physiological reasons, its
internal computer multiplies the amount of alcohol by 2100. Thus, even
a tiny amount of alcohol breathed directly into the machine from the
mouth or throat can have a huge impact. Mouth alcohol can be caused in
many ways. Belching, burping, hiccuping or vomiting within 20 minutes
of taking the test can bring vapor from alcoholic beverages still in
the stomach up into the mouth and throat. Taking a breath freshener can
send a machine's reading way up (such products as Binaca and Listerine
have alcohol in them); cough syrups and other products also contain
alcohol. Dental bridges and dental caps can trap alcohol. Blood in the
mouth from an injury is yet another source of inaccurate breath test
results: breathed into the mouthpiece, any alcohol in the blood will be
multiplied 2100 times.
- Balliro, Galasso and Leskovich:
It is illegal in the state of Florida to drive or operate a motor vehicle while under the influence of drugs or alcohol such that it affects your ability to operate a motor vehicle safely. When people drive under the influence, they not only put their own lives in danger, but they also risk the lives of innocent drivers and passengers on the road as well. Second only to murder, DUI is the number one crime in America that results death. This is the reason prosecutors consider this misdemeanor charge so serious.
In Florida, it is illegal to drive or operate a motor vehicle with a blood alcohol concentration (BAC) level at or above 0.08%. BAC refers to the amount of alcohol currently in a person's bloodstream. When a driver's BAC level meets or exceeds the 0.08% legal limit, he/she may be guilty of driving under the influence, and will be arrested and charged with DUI. Driving with a BAC above 0.08% may impair the driver's physical and cognitive abilities, and decreases his/her level of alertness and concentration.
Driving under the influence is a serious offense that judges and prosecutors do not take lightly. If you have been arrested and charged for DUI, you will face a variety of harsh penalties, including jail, probation, steep fines, driver's license suspension, mandatory treatment programs, community service, and a mark on your permanent record.
If you were arrested and charged for DUI, you need an experienced attorney on your side. At BGL, we have handled tens of thousands of persons throughout Florida who have been arrested and charged with DUI. When you retain the services of BG&L, not only do you get a wealth of experience, but you also get sound advice, personalized attention, and aggressive representation.
DUI - BLOOD ALCOHOL CONCENTRATION
Blood alcohol concentration, or content, (BAC) refers to the amount of alcohol in a person's blood stream. In California, it is illegal to drive with a BAC level at or above 0.08%. If a driver is under the age of 21, he/she is not permitted to drive with a BAC at or above 0.01%. Any person found driving with a BAC level at or above 0.08% or 0.01% respectively will be arrested and charged with DUI.
AFTER ARREST
In Florida, when you apply for a driver's license you are required to sign an agreement to submit to a chemical test if arrested for suspicion of DUI. This is known as the implied consent law. If arrested for DUI you must submit to a chemical test. Failure to submit to a chemical test will result in a one year suspension of your driver's license, separate and apart from the criminal aspect of the case.
PRIOR TO ARREST
Under the Fourth Amendment to the United States Constitution, you are not required to blow into the breath machine before being arrested for DUI. However, if after you arrested for DUI, you must submit to a chemical test or risk losing your license for one year.
When a person drives with a BAC level above the legal limit, his/her physical and mental capabilities can be jeopardized, and he/she is more likely to be involved in a serious accident. There are several ways a police officer can test a driver's BAC level. The fastest and most popular way to test a driver's BAC level is with a breath machine. When a person blows into the machine, it measures the alcohol concentration found in his/her deep lung region, which supposedly correlates to the amount of alcohol in the bloodstream.
Another common way for law enforcement officers to test BAC levels is through a blood test. Blood tests are much more accurate than breath tests, and are typically administered at the police station by a trained technician. The advantage to choosing a blood test is that we can have an independent laboratory analyze the blood sample. In cases where the driver is suspected of driving under the influence of drugs, he/she is required to submit to a blood or urine test.
Most people are surprised to hear that these tests are not 100% accurate and are prone to human error. An experienced attorney can challenge the validity of these tests to get your charges reduced or dropped. In addition, a skilled attorney can help you avoid the legal penalties you would potentially face if you were convicted of DUI, such as probation, steep fines, jail, alcohol treatment programs, community service, and a mark on your permanent record.
DUI - DMV HEARING
In Florida, it is illegal to operate or drive a car while under the influence of drugs or alcohol. If you are found driving under the influence, you will be arrested and charged with the criminal offense of DUI. At this time, your driver's license will be confiscated and you will be issued a temporary driving permit that is good for 30 days.
Within TEN days of your arrest, it is essential to schedule a hearing with the Florida Department of Motor Vehicles. This hearing gives you and your attorney the opportunity to challenge your driver's license suspension, and try to get your driving privileges reinstated. This also allows you to drive with a temporary license pending the outcome of your case. Failure to schedule a hearing within ten days waives your right to challenge your suspension. In addition, if you do not schedule a DMV hearing within 10 days, your driver's license will be automatically suspended for up to one year.
At the hearing, your attorney has the opportunity to present evidence and testimony in your favor, and challenge any evidence brought against you. We utilize quality experts when evaluating and preparing your case for the hearing. At the end of the hearing, a representative from the DMV will act as a judge and determine whether your driving privileges will be reinstated or remain suspended. It's important to note that the DMV hearing is a separate, independent process from your criminal trial. Therefore, the hearing only has jurisdiction over your driving privileges, and has no influence whatsoever on the outcome of your trial.
- Volz, Eric:
If you are under a criminal investigation by law enforcement or believe that you may be facing a criminal charge, you must contact an attorney immediately. You must have legal representation at the onset of an investigation. Police officers will attempt to persuade you to give statements that will be held against you at a later time. Under no circumstances should you speak with a police officer without an attorney.
- Bryan, William:
If in fact you have been charged with or are being investigated for a DUI Crime, you will be fighting against the best and most experienced prosecuting lawyers who will allocate vast amounts of time, money, and resources to guarantee that you are found guilty and receive the maximum prison time.
- Leader, Leader & Landau:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements
- Scott Gunn:
When you are arrested for Driving Under The Influence, you need an
experienced criminal attorney to represent you.
- David Sale:
Whether it's a trial or a plea bargain, it is your life and liberty
that is at stake.
- Dale Cohen:
The first question asked by most people who have been charged with DUI
is, "do I need a lawyer?" No, you do not need a lawyer, what you need
is a DUI lawyer. Defending a DUI is very different from handling any
other type of criminal matter. The elements of the DUI offense are
extremely technical in their details. This requires an attorney who is
not just merely familiar with DUI's, but one who actually specializes
in handling them.
- Jason Forman:
An arrest for DUI can have very serious consequences. Your license may
already be suspended if you refused to submit to the tests the officer
"asked" you to do or if your blood alcohol level was .08 or higher. It
is very important to know that you have only 10 days from the date of
your arrest to challenge this administrative suspension. You must
request a hearing within this 10-day period.
- Lustig &
Associates:
If a police officer pulls you over and asks you if you have been
drinking and he smells any alcohol at all, there are two likely
scenarios with vastly different outcomes which are likely to occur
depending on which choice you make as the subject of the roadside
investigation. If your response to the question is "just on drink or
just one beer," you have joined the ranks of thousands of individuals
who have been convicted of D.U.I. A conviction for D.U.I. remains on
your record for life. So you may want to pay attention. "I had just one
drink officer" may prompt the officer to ask you to step out of the car
to perform roadside sobriety exercises and the breathalyzer back at the
station.
- Michael J. Rocque:
If you have been arrested for DUI it is important that you consult an
attorney as soon as possible, preferably an attorney with a great deal
of expertise in the area of DUI defense
- Norman Eliot Kent
Of all the criminal charges that exist, the one that the "average and
ordinary" citizen is most likely to be charged with is Driving Under
the Influence (DUI). This is because DUI is not a crime that is
reserved for hardened criminals. Rather, it is a crime that is often
faced by people who are otherwise productive and law-abiding members of
society. Anyone who is a social or casual consumer of alcohol has
probably stepped behind the wheel of a car after having a drink or two
and that is all it takes to be arrested and charged with DUI.
- Daniel Tedesco:
If the police take your license at the scene, they will issue you a
citation, which operates as a temporary drivers license for 10 days.
During those 10 days, you or your attorney, if you retain one, must
file an administrative appeal with the Florida Department of Motor
Vehicles (DMV), in order to get an extension on your right to drive. A
hearing on the legality of your administrative license suspension will
then be scheduled. Missing the 10 day deadline will result in your
drivers license being suspended at the end of the 10 day period. Once
that occurs, you may be entitled to a limited right to drive, commonly
referred to as a Work Permit, provided you have signed up for DUI
school and pay the appropriate fees. But under those circumstances, you
will not be able to drive for a 30 day period before getting the work
permit.
- Randall Haas:
A first-offense DUI conviction in Florida results in an automatic suspension of your driver's license. The most promising avenues of defense to prevent you from being convicted include:
- Challenging the arresting officer's probable cause to stop your vehicle
- Attacking the results of a breathalyzer or other blood alcohol content test through forensic analysis and testimony
- Negotiating the reduction of the charges down to careless driving or reckless driving
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