Free Florida Drunk Driving Defense FAQs | Free Florida Drunk Driving Defense Legal Documents

What Is D.U.I.And Drunk Driving?

Tue, 29 May 2007 21:19:00 GMT

D.U.I. is an abbreviation for "Driving Under the Influence." A person is guilty of the offense if such person is driving or in actual physical control of a vehiclewithin the state and the person is under the influence of alcoholic beverages or any chemicalor controlled substance set forth under the applicable statutes when affected to the extent that his or her normal faculties are impaired or when the person has a blood alcohol level of 0.08% or higher. "Drunk Driving"is a common misnomer for the crime of driving under the influence. While all individuals who drive while drunk are D.U.I., you do not need to be drunk to be considered under the influence.

What Does "In Actual Physical Control Of A Vehicle" Mean?

Tue, 29 May 2007 21:19:00 GMT

This term means that the individual has had the capability and power to dominate, direct or regulate the vehicle, regardless of whether or not he or she was exercising that capability or power at the time of the alleged offense. In other words, sitting behind the wheel with the keys in the ignition may qualify as being "in actual physical control" of a vehicle even though the vehicle is not moving.

Are You Presumed Guilty Of If You Have A Blood Alcohol Level Of 0.08%?

Tue, 29 May 2007 21:19:00 GMT

In any criminal case, it is unconstitutional to hold a presumption of guilt against a defendant. This is due to the fact that our constitution requires the government to prove its case beyond and to the exclusion of every reasonable doubt. However, the fact that the defendant had 0.08% or more by weight of alcohol in his or her blood is prima facie evidence that the defendant was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

Is It Also Unlawful To Drive With A Blood Alcohol Level Of 0.08% Or Higher?

Tue, 29 May 2007 21:19:00 GMT

Yes. It is a crime to drive with an unlawful blood alcohol level of 0.08% or above.

May I Refuse To Take A Breath, Blood Or Urine Test If Requested To Submit To One By A Law Enforcement Officer?

Mon, 04 Jun 2007 21:51:22 GMT

By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs, if lawfully arrested for any offense allegedly committed while driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. However, you may refuse to take such tests unless you are involved in an accident involving serious bodily injury or death to a human being. However, refusing such tests is not without cost. The law permits the Department of Highway Safety and Motor Vehicles to suspend your privilege to operate a motor vehicle for a period of one (1) year for a first refusal, or a period of eighteen (18) months for a second or subsequent refusal. Additionally, the refusal to submit to a chemical or physical breath test, or to a urine test, upon the request of a law enforcement officer, is admissible in any criminal proceeding against you.

Isn't It True That The Police Will Take Away Your License If You're Arrested For D.U.I.?

Tue, 29 May 2007 21:19:00 GMT

Under Florida law, a law enforcement officer may seize the driver's license of any person who is driving with an unlawful blood alcohol level (.08% or above), or who has refused to submit to a breath, blood or urine test. The officer will seize the individual's driver's license and issue the driver a traffic ticket which acts as both a ten (10) day temporary work permit (although, in most cases, the citation will incorrectly state that it is only valid for seven (7) days because the police departments have not printed new citation books to reflect the recent changes to the law) and as a notice of the suspension.

If The Officer Takes Away My Driver's License, For How Long Is It Suspended?

Mon, 04 Jun 2007 21:51:22 GMT

If you have refused to submit to a lawful breath, blood or urine test, your driving privilege will be suspended for a period of one (1) year for a first refusal, or for a period of eighteen (18) months if your driving privilege has previously been suspended as a result of a refusal to submit to such a test. If you have an unlawful blood alcohol level (that is, 0.08% or above), your driving privilege will be suspended for a period of six (6) months for a first offense, or for a period of one (1) year if your driving privilege has been previously suspended. All suspensions are effective as of the date of the arrest

How Can The Law Permit Suspension Of A Driver's License Before Any Kind Of Trial Begins? I Thought Criminal Law Required A Hearing Or Trial Before They Could Sentence You?

Tue, 29 May 2007 21:19:00 GMT

While the criminal punishment under Florida laws provides for certain safeguards before an individual may be sentenced, we must remember that driving a motor vehicle is a privilege, not a right. Because it is a privilege, the State of Florida may withdraw that privilege if it has lawful grounds to do so. THIS SUSPENSION IS SUBJECT TO A HEARINGIF ONE IS REQUESTED BY THE DRIVER OR HIS OR HER ATTORNEY WITHIN TEN (10) DAYS OF THE DATE OF THE ARREST SO IT IS STRONGLY SUGGESTED THAT YOU IMMEDIATELY CONTACT AN ATTORNEY SO WE THEY CAN TIMELY REQUEST SUCH A REVIEW HEARING.

Is Jail Mandatory If I'm Convicted Of D.U.I.?

Mon, 04 Jun 2007 21:51:22 GMT

No. Not for the first conviction. However, for the second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, a minimum imprisonment term of thirty days is required by law.

What Are The Department Of Motor Vehicles License Revocation Procedures?

Tue, 29 May 2007 21:19:00 GMT

FIRST TIME DUI If your fail a breath test (.08 & above) (.02 for under 21 years of age): Your License will be Suspended for 1 year
You are eligible for a Business Purpose Only (BPO) license
You lose a Commercial License for 1 year if not operating Commercial Vehicle
If operating a Commercial Vehicle, permanently disqualified with BAT over .04
Business Purpose Only Requirements: 30 day sit out if you blew
90 day sit out if no blow
Must enroll in Counter Attack Level one class
Counter Attack Class: Enrollment Information call:

Rockledge (321) 6325812
Melbourne (321) 2551605
Titusville (321) 2683322

If you Win Department of Motor Vehicle (DMV)

Formal Review Hearing:

No DMV suspension
No sit out time required
BUT: Criminal Proceeding Could:
Suspend license for 6 months
Grant a BPO (see above requirements)

SECOND TIME DUI

If you fail or refuse a breath test (.08 & above)
Your license will be suspended for 18 months
You are not eligible for a BPO
You may after 12 months petition DMV for a BPO
If you win a DMV Formal Review
No DMV suspension
No sit out period
BUT: Criminal Proceeding Could:
Suspend license for 1 year
If second DUI within 5 years:
License revocation for 5 years
May petition after 12 month for BPO

THIRD TIME DUI

No BPO
If third DUI within 10 years
License revocation for 10 years
May petition for a BPO after 24 months
If it is a third DUI outside of 10 years
License revocation for 5 years

FOURTH TIME DUI

3rd Degree Felony
5 years in Prison
Life time license revocation
Not authorized BPO
No Petition

What Are The Speed Limits In Florida?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 70 mph
Ltd Access Rds 70 mph
Other Primary Rds 65 mph
Residential 30 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

When Must I Use My Windshield Wipers?

Tue, 29 May 2007 21:19:00 GMT

Florida requires that you have your headlights on whenever you are using your windshield wipers.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Thu, 20 Dec 2007 18:55:35 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities and a written report must be forwarded within 10 days to the Department of Highway Safety and Motor Vehicles, Neil Kirkman Building, Tallahassee, FL 323990500.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Proof is required, at all times, by owner and/or operator of the vehicle. Minimum limits: $10,000/20,000/10,000. Nofault insurance with personal injury protection and property damage protection of at least $10,000 is required. Florida has unsatisfied judgment funds law and uninsured motorists law.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Loaded firearms are permitted in the vehicle if they are securely encased or not otherwise readily accessible. Hand guns are required to be cased.
Studded tires are permitted. Metal studs are prohibited.
Tire chains are not required.
Florida has a seat belt law with secondary enforcement for all front seat occupants.
Florida has a mandatory child restraint law for passengers under 16 years of age. Children under age 4 must use approved car safety seats.
Registration and insurance card must be carried in the vehicle.