David Kurland:
In
the State of Florida, as it is in all states, it is against the law to
drive a motor vehicle (or a bicycle, for that matter) while you are
under the influence of alcoholic beverages or drugs (legal or
otherwise). Florida also makes it a crime to operate a boat while
under the influence of alcohol. There are actually two ways you can be
convicted:
1. If you are under the influence of alcohol or drugs and your normal faculties are impaired; and /or
2. You register a breath alcohol reading of .08% or more on breath testing equipment.
Florida
law provides you with an opportunity to lose your driver's license two
times within the same case. If you are arrested, your driver's license
is surrendered on the spot to the police officer, who delivers your
license to the Department of Highway Safety and Motor Vehicles. Of
course, the same officer delivers you to the County Jail. You may make
application to the Department of Highway Safety and Motor Vehicles for
the return of your license or, in the interim, for a Business Purpose
License, which allows for essential driving only (no social driving
allowed). Even if you receive your original or business purpose license
from the Department of Highway Safety and Motor Vehicles, you will have
it taken away from you by the Judge if you plead guilty or are found
guilty by a jury in your DUI case.
In
addition to the possibility of a jail sentence and the revocation of
your privilege to drive, issues regarding fines, community service,
alcohol/drug evaluation and counseling also will need to be addressed.
As
you can see, your representation in a DUI case is a complex and often
hyper-technical matter. It becomes more complex if it is a second,
third or fourth DUI, or if someone is injured or killed as a result of
your driving.