Posts Tagged 'Florida DUI'

Handling a Florida DUI Laws & Stop FAQs

What is required for a police officer to pull me over for Florida DUI?

 

An officer may not pull you over simply because of a “hunch” that you are intoxicated without specific evidence supporting reasonable suspicion that you are engaged in unlawful conduct.  The basis for pulling you over generally will be based on the officer observing unlawful conduct like speeding, driving without lights, running a red light or observing you engaging in unsafe driving practices.  If an officer pulls you over without sufficient legal cause, it may create a legal basis for a Florida DUI attorney to file a motion to exclude key evidence.

 

Do I have to agree to take field sobriety tests?

 

There is no legal requirement that you agree to submit to field sobriety tests.  Generally, these tests are designed to ensure that you fail and serve no purpose other than to provide the officer with evidence supporting a DUI arrest and conviction.  Because these tests generally will not serve any function other than to provide evidence that will be used against you, there generally is little to be gained by submitting to field sobriety testing.

 

What should I say if the officer asks me if I have been drinking?

 

It is never a good idea to admit that you have been drinking if you are asked this question by a police officer.  However, it is not advisable to lie to the officer either.  The best response is simply to indicate that you would prefer not to answer any questions until you have had a chance to speak with an attorney.  The officer will not grant this request because you have not been arrested, but the less you engage in a conversation with the attorney the better the chance you will not provide the officer with a legitimate basis to conduct a DUI investigation.  The officer asks you these questions because he is looking for evidence that provides a legal basis to initiate a DUI investigation.  The officer is specifically looking for red watery eyes, the odor of alcohol and slurred speech.

 

Do I have a right to call Florida DUI lawyers?

 

The right to have Florida DUI law counsel present during questioning generally does not attach until you are in custody.  The point at which you are in custody is when you are not free to leave.  While the officer may pull you over and detain you briefly based on less than probable cause, the officer must have probable cause to arrest you.

 

Florida DUI – What is it?

 If are facing a case on drunk driving (generally referred to as "DUI" stands with regard to travelling under the influence) when you are in Florida, you may be asking yourself what you really are facing when it comes to fines, imprisonment and other penalties.

Unfortunately, travelling under the influence is actually now considered a very severe offense, even when no physical injury or home damage in question. You will be lucky to get away from the load just fine, even if only it is your first conviction. Once you already have a conviction, he faces jail for sure. Both ways, you'll definitely want to employ experienced Florida DUI attorneys to reduce the fees and penalties for you. 

The minimum penalty from Florida DUI laws in the first penalty is $500 that can go until $1000 that may increase according to minor participating or are too drunk, in both cases the causes of the fine doubled.

If you do not want to stay behind the bars, which will probably be necessary for at least 2 to 3 days of community service. There will also be on probation for one year. The car could be attached for a few days and your driving license would be suspended for 6 to 12 months.

Once you are found guilty on drunk driving, be prepared to go behind the bars unless of course your lawyer is very good. Jail is not fun so you will be happy to stay there for months. Even very first time culprits can be delivered to prison (up to 24 weeks) depending on the characteristics from the offense. Your jail time is often on top of additional sanctions.

The penalty is much even worse in the event that it injures or kills someone while drunk. Vehicular murder in Florida with a optimum payment penalty of about $10,000 and the maximum offense is to stay behind the bars and sentenced for a decade. Without the considering the family of the victim will try to recover as damages through a municipal lawsuit. Causing grievous bodily harm, unlike murder, punishable by a optimum fine of up to $5,000 along with a of half a decade in prison.

Leaving the accident scene occurring will make the situation deteriorated even worse. In this manner, it is amazing the number of drunk drivers leaving the scene and made significant legal issues along the way. This really shows how disabled they are. In summary, a Florida drunk driving conviction has no great result. This is a very severe matter which shouldn’t be taken lightly by you and your family. Once you have been accused with a dui, make sure to seek advice from a FL DUI attorney before making any statement.