Florida DUI Laws

Under Florida DUI law chapter 316.193,F.S. a person is considered to be driving under the influence of alcohol or a controlled substance by either registering a blood alcohol concentration level of .08% or greater or by proof of impairment of their normal faculties as observed by the arresting officer.

The arresting officer can prove probable cause of impairment by either his or her observation of the suspect's driving behavior before being stopped, the suspect's mannerisms during the stop and by the suspect failing any part of the field sobriety tests, if the suspect submitted to them.

Under 21 Years of Age

A person who is under 21 years of age who has any measurable amount of alcohol in their system is consider to under the influence and will be detained by the police and released from custody to a parent or guardian.
A first time offender under the age of 21 who had a blood alcohol level of .02% or greater will have their driver's license suspended for 6-months.  If the first time offender refused a chemical test, their license will be suspended for 1-year.  A second or subsequent offense will result in a 1-year suspension and a second or subsequent chemical test refusal will result in an 18 month suspension.

Commercial Motor Vehicle DUI

If you were driving a CMV with a blood alcohol level of .04% or greater, you are considered to be under the influence and you will not be able to drive any commercial motor vehicle for 1-year and you will not be eligible for a hardship license.  You will have to pay the DMV a $60 license reinstatement fee at the end of your revocation period.  If you were transporting hazardous materials when stopped for DUI, your license will be revoked for 3-years with no chance of a hardship license.

Florida Administrative Hearing Process

There are two types of administrative hearings you need to be aware of and you only have ten days from the date of your arrest to request one of the hearings:

The first is an informal hearing that must be held within ten days of the date of your request.  The informal hearing is conducted by an employee of the Florida Department of Highway Safety and Motor Vehicles who is called the hearing officer.  The hearing officer will review all of the evidence presented by the arresting officer and any evidence you present in your defense and will make their decision to either uphold the officer's decision to suspend your license, or if the evidence does not justify the suspension, the hearing officer will reinstate your driver's license.  No testimony will be heard by either the arresting officer or yourself at an informal hearing, to be able to testify on your behalf you must request a formal hearing.

A formal hearing must be held within 30 days of you or your lawyer requesting the hearing.  At the formal hearing the hearing officer will place all parties present who will be testifying under oath.  The hearing officer will review all of the evidence presented by the arresting officer and hear testimony of the arresting officer.
The hearing officer will then review the evidence presented in your defense by your lawyer and will hear testimony from you and your lawyer, plus any witnesses that were subpoenaed.  After reviewing all of the evidence and hearing testimony from all parties, the hearing officer will make their decision to either uphold the suspension or rule in your favor and reinstate your license.

If you hope to have any chance of retaining your driving privileges and not have your license suspended, you must request a formal hearing and hire a skilled Florida DUI lawyer who has experience when it comes to representing clients at formal administrative hearings.

TIP:  It's very important that you contact a Florida DUI lawyer to discuss your case. Scheduling an initial consultation is free and you'll get some good information about your options. Contact one of our Florida DUI lawyers today.

DUI Lawyer Tampa

Drinking and driving is dangerous, and the penalties of a DUI arrest are extremely harsh in the state of Florida; Florida is serious about preventing injury and death from alcohol and DUI related car crashes. DUI will remain on your license for 75 years. Criminal defense attorneys in Tampa provide representation for individuals charged with misdemeanor, felony, theft, fraud, reckless driving, DUI, domestic violence, and other charges.


A DUI conviction can mean facing the loss of a drivers license, fines and fees, high insurance premiums, and possibly jail time. Criminal defense attorneys in Tampa can work with you to determine a defense strategy to help you keep your license, avoid jail time, and possibly reduce fees.


The following information is critical for Florida residents who have been convicted of a DUI: courts must impose the following minimum mandatory punishments if you enter a plea of "guilty" or "no contest" to a first DUI in Tampa, FL.


Jail Time: Offenders face incarceration (jail time) of up to 6 monthsif a minor was in the vehicle or if their blood alcohol reading is .15 or higher, jail time is up to 9 months.


Probation: First DUI offenders face a probation period of up to 12 months. (However, the total period of incarceration and probation may not exceed 12 months total).


Community Service Hours: A minimum of 50 hours of community service is required, however the judge may allow you to "buy out" however many hours you choose at a rate of $10 per hour.


Fines: Offenders face a minimum fine of $500 but up to $1,000 in the event their blood alcohol reading is .15 or higher or if a minor was in the vehicle. The minimum fine in those circumstances is $1,000-$2,000. In the event an individual cannot pay the fines, they can perform community service for $10 per hour.


Drivers License Revocation: Offenders face at least 6 months of license suspension with a maximum suspension time of up to 12 months.


Under Florida law, 2nd DUI conviction consequences depend on whether the conviction is within 5 years or outside of 5 years of the previous DUI conviction. Should the DUI arrest occur outside of 5 yearsofa first conviction, the DUI is considered and treated the same as a first DUI as far as mandatory penalties are required, except that maximum jail time can be 9 months, fines are between $1,000 - $2,000 and ignition interlock must be installed for a year. No minimum jail time is required.


Should the Second DUI occur within 5 years of the prior DUI conviction the following penalties apply:


Jail Time: A minimum of 10 days in jail with 48 hours of consecutive jail time. Maximum time of incarceration is 9 months unless breath test reading was .15 or above, or if a minor was presentin those instances, maximum time is 12 months.


Probation: 2nd time DUI offenders face a probation period of up to 12 months.


Community Service Hours: A minimum of 50 hours of community service is required, however the judge may allow you to "buy out" however many hours you choose at a rate of $10 per hour.


Fines: Offenders face a minimum fine of $1,000 (maximum $2,000) but between $2,000 - $4,000 in the event their blood alcohol reading is .15 or higher or if a minor was in the vehicle.


Should you have further questions, contact a criminal defense law firm with the experience, the proven track record, and the confidence necessary to counter your DUI charge with a well-planned and aggressive defense. Your criminal defense attorney in Tampa should specialize in all the ins and outs of the Florida criminal justice system and fight to ensure you have achieve the best results possible.


Articles Source:http://society.ezinemark.com/criminal-defense-attorneys-in-tampa-protect-your-future-against-dui-charges-31cd794c3f1.html
          
About the Author:Erica R. is a freelance writer working with the Roman And Roman Criminal Defense Law Firm to educate Tampa residents about how to handle violation of probation charges. Florida violation of probation penalties are serious, and an experienced criminal defense attorney in Tampa and criminal defense law firm can make all the difference in your case.

DUI Attorney Jacksonville

Jacksonville DUI Attorney

Author: justin hess

If you find yourself in need of a Jacksonville DUI attorney, what's the first thing you should do?

Take action that's what!

While it isn't a murder charge by any means, getting arrested for driving under the influence is still pretty serious and can have some serious repercussions. To minimize the damage it's important to get the right legal aid as quickly as possible after the incident.

To put things into perspective for you, for a first offense you are looking at a possible five hundred dollar fine, 12 month license suspension, 6 months in jail, and a year of probation!

You only have ten days from the time of arrest to get a hearing from the DMV in hopes of avoidance of losing your drivers license for that long.

This is why it's so crucial to take action immediately. Getting the right lawyer can mean the difference between stiff fines, jail, and an overall traumatic experience and the polar opposite.

You need to connect with someone that will defend you aggressively in court instead of treating you like just another number in the case file.

If your freedom is at stake, don't you want to get the best?

I should say so!

Think of what would happen if you lose your license for a year, or go to jail? What would happen to your job, how would you keep income flowing to support you and your family? How would you get to work? Would your job even keep you on?

All of these pressing questions and more can be dealt with once you connect with the proper source of legal aid.

Hey, everybody makes mistakes. You're out one night, you have a few too many, and decide to drive home when you shouldn't have. You've learned your lesson and you just want to put this nightmare behind you.

It's time to get the best Jacksonville DUI attorney to help you do just that.

Article Source: http://www.articlesbase.com/criminal-articles/jacksonville-dui-attorney-3042181.html

About the Author

Take action and get the best jacksonville dui attorney right now before it's too late.

Welcome To DUI Lawyers Florida

Getting cited with a DUI in Florida can have serious consequences. If this unfortunate situation happens to you, you need a lawyer who can represent you from the start. Here at DUI Lawyers Florida, we provide you with the sources to help you find an attorney in your area or the county of your offense. Time is of the essence and you must get legal counsel immediately in order to protect your rights.

So don't put it off another day, please search our site for any information that can help you with your defense.