Florida DUI Arrests
Legal Article GuideBy: Josh Riverside
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.
Florida DUI Attorneys provides detailed information about Florida DUI attorneys, Florida alcohol treatments, Florida DUI and fines, and more. Florida DUI Attorneys is affiliated with Los Angeles County DUI Lawyers.
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