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Ft Lauderdale Criminal Lawyers

Written by Criminal Defense Lawyer. Posted in Criminal Defense News, DUI News, Federal Crimes Blog, Fort Lauderdale criminal lawyer, Fort Lauderdale Suspended License Lawyer, Juvenile Lawyer

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Fort Lauderdale DUI Lawyer Network Ready to Help You With Your Drunk driving Charges

Written by Criminal Defense Lawyer. Posted in Criminal Defense News, DUI News

Fort Lauderdale DUI ARRESTS

Visiting Fort Lauderdale ? Arrested? Call our Fort Lauderdale  Criminal Lawyer Network for a Fort Lauderdale Criminal Lawyer or DUI Attorney. We are here 24/7. Police in South Florida are always  geared up for  weekends and the  number of drunk driving arrests in Broward and Palm Beach counties.

If you do get arrested in Broward county  call Fort Lauderdale  Criminal amd DUI lawyer Network and we will get a lawyer for you. We are here 24/7.

No Refusal DUI Check Points for New Years Eve

Written by Criminal Defense Lawyer. Posted in DUI News

Tampa, Florida– With New Year's Eve only days away, the National Highway Traffic Safety Administration expects this to be one of the deadliest weeks of the year on the roads.

But now a new weapon is being used in the fight against drunk driving.

It's a change that could make you more likely to be convicted.

"I think it's a great deterrent for people," said Linda Unfried, from Mother's Against Drunk Driving in Hillsborough County.

Florida is among several states now holding what are called "no refusal" checkpoints.

It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.

It's already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

"I think you'll see the difference because people will not drink and drive.  I truly believe that," she said.

Not everyone is on board, though.

DUI defense attorney Kevin Hayslett sees the mandatory blood test as a violation of constitutional rights.

"It's a slippery slope and it's got to stop somewhere," Hayslett explained, "what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?"

The federal government says Florida has among the highest rates of breathalyzer refusal.

"Now you've got attorneys telling their clients, don't blow, don't blow!  Because we know from the results from these machines that they're not operating as the state or the government says they're supposed to operate," said Stephen Daniels, a DUI consultant and expert witness.

Supporters, though, say you could see the "no refusal" checkpoints in the Bay area by October.

"We don't want to violate people's civil rights.  That's the last thing we want to do, but we're here to save lives," Unfried said.

She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.

Florida and Georgia no refusal Dui Check points DUI Defense lawyers of AAA Criminal Referral are ready to defend people arrested for DUI and Drunk Driving. Miami, Boca raton, Fort Lauderdale, West Palm Beach, Orlando, Kissimmee, Homestead, Florida Keys, Key West, Tampa, Florida, Gerogia, Atlanta, Marietta, Jonesboro, DUI Arrests.

DUI Laws Florida, DUI Defense Lawyers

Written by Criminal Defense Lawyer. Posted in DUI News

Florida DUI and Administrative Suspension Laws need an experienced DUI Defense Lawyer. Crimianl Attorney Referral Service will connect you with a Florida DUI lawyer. Dui Defense in Fort Lauderdale, Hollywood, Pembroke Pines, Davie, Pompano beach, Coral Springs, Deerfield Beach and the Greater Fort Lauderdale area. Florida law is very specific regarding DUI laws. You Fort Lauderdale DUI lawyer will review your case and the laws to formulate the best plan of action for you.
 

    DUI's In Florida requires an experienced DUI Defense by a DUI lawyer.
   

   

* Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full text of the law before drawing legal conclusions. A Criminal Attorney Referral Service lawyer will refer to the full test of the DUI laws to formulate your DUI defense.

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

    Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

 

Fine Schedule s. 316.193(2)(a)-(b), F.S.

    First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

    Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
    Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
    Fourth or Subsequent Conviction: Not less than $2,000.

 

Community Service – s. 316.193 (6)(a), F.S.

    First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

 

Probation – s. 316.193 (5)(6), F.S.

    First conviction, total period of probation and incarceration may not exceed 1 year.

 

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

    At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

    First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.

    Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

    Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.

    Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.

    Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

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Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.

    The person is no longer under the influence and;
    The person's normal faculties are no longer impaired
    The person's blood/breath alcohol level is lower than 0.05; or
    Eight hours have elapsed from the time the person was arrested.

 

DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

    Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

 

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

    Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).

    Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

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Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

    DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

    DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).

    Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

    Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

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Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

    A. First Conviction: Minimum 180 days revocation, maximum 1 year.

    B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

    C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years.

    D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

    E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

    F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

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Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

    Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.

    Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.

    There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

 

Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

    First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.

    Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.

    Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.

    Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.  Mandatory ignition interlock device for two years.

    DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:

    1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;

    2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;

    3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and

    4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).

    5. Ignition interlock device required for two years.

    Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

DUI School Requirements – s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

    First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.

    Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction. See requirements in 13C and 13D respectively.

    DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.

    Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation): See 13F

    Customers Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.

    Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.

    Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

 

Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

    Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.

    Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.

    Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.

    Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.

    Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.

    Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.

 

Adjudication and Sentencing – s. 316.656, F.S., s. 322.2615 F.S.

    Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .15 or greater.

Driving While License Suspended or Revoked- s. 322.34, F.S.

    Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.

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Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

    Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

    First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.

    Second or Subsequent Suspensions 1 year.

    First Suspension for Refusal to Submit to Breath Test: 1 year.

    Second or Subsequent Suspensions for Refusal: 18 months.

    The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.

 

Administrative Suspension Law – s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

    First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.

    Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.

    First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.

    Second or Subsequent Suspensions for Refusal: 18 months.

    The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.

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Administrative Disqualification Law

    First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification
    driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification
    First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification

    Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.

    Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: Permanently disqualification

    The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

Review Hearings For Administrative Suspensions And Disqualifications

    Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.

Business or Employment Reinstatement:

    1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

    2. Suspension – Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement.  .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

Hardship License Prohibited:

    1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.

    2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
 

Criminal Attorney Referral Service has experienced Florida and Georgia DUI lawyers ready to help you. 

The Florida DUI laws are offered as a resource guide. Your Dui defense lawyer will be using these laws as a guideline in an attempt to formulate an aggressive DUI Defense for you.

Florida News Pain Pills Seized from Pain Clinics, Oxycodone Taken

Written by Criminal Defense Lawyer. Posted in DUI News

oxycodoneAuthorities swept pain clinics in four counties Tuesday, seizing thousands of pills from doctors who are no longer authorized to dispense them.

The Florida Department of Health, Regional Drug Enforcement Strike Force and Florida Department of Law Enforcement fanned out to 24 locations, including three in Palm Beach County, and took away pain drugs such as oxycodone from doctors who, under a new state law that went into effect last week, no longer can hand them out.

Under the new law, clinic doctors can only write prescriptions for pain drugs, which now must be filled at pharmacies. Any pills in their possession must be returned to distributors or given to the state to be destroyed. For the past month, the health department has been notifying doctors not authorized to dispense pain pills to dispose of them.

“We certainly have a lot of the practitioners’ attention,” Sunrise Police Department Chief John Brooks said at a media conference Tuesday afternoon announcing the sweep.

The strike forces seized about 9,500 pills from a clinic at 3385 Burns Rd., in Palm Beach Gardens, about 7,800 from a clinic at 3251 N. Federal Highway, in Boca Raton, and about 4,800 from a clinic at 1403 W. Boynton Beach Blvd., in Boynton Beach.

The strike force also targeted clinics in Miami Dade, Broward and Monroe counties. In all, about 40,000 pills were seized.

No arrests were made and none of the clinics were shut down, officials said.

“It’s a new day, a new chapter in this fight,” Palm Beach Sheriff’s Office Capt. Eric Coleman said. “We’ll keep going.”

The Florida Department of Health called on the law enforcement agencies to target clinics and doctors that ordered at least 2,000 pain pills a month this year or have suspicious histories.

Coleman said doctors can charge patients about $275 for each appointment at which pain pills are prescribed, adding up to about $50,000 a week.

“You can make a handsome living,” Coleman said.

The law also authorized a prescription drug-monitoring database that Gov. Rick Scott initially opposed as a waste of money and an invasion of privacy.

About one person dies every 27 hours from an accidental overdose of prescription pain killers, Coleman said.