Archive for the ‘Florida DUI Center Articles’ Category

Known laws applicable to drunken driving in your own state

The drunk driving laws will differ depending on which state of the US you are living in. The laws will also vary according to whether you are driving under influence, driving when you are already intoxicated or when you are operating the vehicle when drunk.

California laws

Not just in California, but in all 50 states in the US, there exists a zero tolerance DUI policy towards drunk persons aged less than 21 years of age and driving a vehicle. So even if such a person has a 0 or a negligible 0.01 percent of BAC level in their blood, if the police officer suspects the smell of alcohol then such a person will be penalized as per law. For higher levels of BAC such as 0.08 or 0.16 chemical alcohol testing procedures are carried out. The penalties can be enhanced according to the relative BAC concentration in the person’s blood.

If a person has higher BAC and is driving with kids the fine imposed will be higher because he is threatening the life of the children as well. License of the person can be suspended from anywhere between 4 months to even 4 years depending on whether it is a first time or third time offence under DUI. If the person is a second time offender he or she may require to serve jail time. In addition, the person will be required to undergo alcohol education, treatment and assessment as well as have ignition interlock mechanism installed.

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Kentucky laws

In Kentucky drunken driving results in suspension of license. For a first time offender having more than 0.08 levels of BAC the license is suspended for 30 days while for a repeat offender it is for a year. If the person is offending under DUI for the third time then the license suspension extends to 2 years, during which a hardship license maybe obtained with limited privileges. If the person has offended and found positive in a Breath Analyzer Test for the third time then he or she needs to serve jail time. He or she will also require to undergo alcohol education, assessment and treatment and installation of an ignition interlock mechanism. The vehicle may also be impounded irrespective of whether the person is a first time or a repeat offender.

Florida laws

In Florida if BAC levels are found to be 0.08 or higher then the person can have his or her license suspended. The suspension of license because of a positive alcohol test can extend between 6 months to 2 years depending on whether it is a first offence or third time offence. In lieu of a suspended license, the person can receive a hardship license that allows limited privileges while driving. Jail time is mandatory after a second time offence. The vehicle can be impounded irrespective of whether it is a first time or third time DUI offence. There are also open container laws applicable in the state of Florida, whereby is prohibited from drinking in public places from open containers.

Originally published here.


John C Arkin

Car Accident Lawyers in Florida

With the increasing number of cars on the road in Florida, car accidents have steadily been on the rise. Auto accidents are one of the leading causes of death and serious injury in the US. Auto accident fatalities and injuries often leave the victims and their families distressed as well as being left with the financial burden of significant medical costs. Car accidents can happen suddenly and without warning due to many reasons such as: hazardous weather conditions, poor road construction and/or maintenance, and most commonly, the negligence of other drivers.

If you have suffered an injury due to a car accident in Florida, time is of essence and you should immediately contact an experienced car accident lawyer to safe guard your rights to file a personal injury claim. While on the scene of the car accident, and if you are able, you should also collect any witness’ statements, take the photographs of the accident site and collect any evidence before it is removed.

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Car accident attorneys with expertise in these types of cases can best assist you in receiving the proper legal representation and justice. Most auto accident attorneys will usually advance all legal costs and will not charge any fees unless they have reached a monetary settlement for you.

Most accident lawyers will help all accident victims, irrespective of the degree of harm or injury, while some attorneys only focus their efforts on accidents involving people who have been killed or seriously injured. Car accidents cases, and the laws that are applicable to them, can vary depending on the unique factors of each case. Hence, you need to choose a lawyer who has a good track record in representing victims of a wide variety of car accidents. A well-qualified Florida accident lawyer can offer you aggressive representation in a wide variety of cases such as:

•    Car wrecks resulting in fatalities
•    Drunk driving accidents
•    Head-on collisions
•    SUV rollovers
•    Pedestrian injuries
•    Passenger/child / infant injuries
•    Accidents involving a car with a truck, train, or motorcycle.

An experienced automobile accident attorney should also be capable of handling accident cases in which the poor construction or maintenance of roads, vehicle defects, or defective automobile products (i.e. defective tires or children’s car seat) were responsible for your injury. The damages that you can claim and recover vary greatly depending on the particulars of each case. If your loved one has lost his/her life due to a car accident in Florida, you can also file a “survival action claim” in addition to a wrongful death claim. In the case of accidents involving a drunk driver, you may also file a more claim under the “dram shop” liabilities law which files the claim against the establishment that served the drunk driver excessive alcohol.

Originally published here.


LawlorWinston

The DUI penalty in Florida

Some of the hottest stars in hollywood have gained the limelight once more last year, however this time, they were not promoting any movie or in a musical concert—they were arrested for suspicion of Driving Under the Influence (DUI). Beverly-Hills socialite Paris Hilton and ‘Mean Girls’ star Lindsay Lohan were only a few of them who was on th spotlight for drunk driving. In another side of the story, more and more individuals have now been convinced that the consequences for driving while intoxicated is not a joking matter. Nevertheless, there still a few who remains to consider it as ‘no big deal’.

The crime of DUI is considered to be a major offense here in Florida as well as in other states of America. This may be the reason why the penalties for such act are very severe and harsh. In fact, there were studies that shows alcohol-related vehicular accidents causes a person’s death every 32 minutes. In the same way, such incidents can likewise inflict injury to any individual in a matter of 2 minutes. Adding to that, traffic authorities last year have cited that DUI offenders were able to kill more than a million innocent lives as a result of a DUI accident. And among the 50 states, Florida turned out to have the most numbered DUI arrests and accidents. Thus, state officials have since continues to formulate the best ways to minimize, if not stop, this misdemeanor.

Here are some of the most common DUI penalty in florida:
1. Fines – Monetary sanctions are the immediate penalty a person may face for the charges of drunk driving. The amount can range from $100 to $1000 depending on the frequency of the offense.
2. Jail Time – aside from fines, a person may also take some time in prison as a consequence. Jail period usually take some days to less than a month for first time offenders and may take several months to almost a year for both second and third-time offenders. There were also instances wherein the offender was able to have a decade or more spent in prison because of a DUI. This can only happen when a person was proven to commit a vehicular homicide. The latter meant that there were other persons on board the vehicle or other persons on the street or road that were injured or hurt as a result of the person’s DUI act.
3. Driver’s License Suspension – Aside from the fines, the suspension of a driver’s license may also be one of the inevitable aftermath a person may face for a DUI charge.
4. Other penalty – other DUI penalty includes community service, probation, DUI classes, increased in insurance premiums (in the event you were found guilty and your car insurance knew about it) and installation of an Ignition Interlock Device.

Originally published here.


Mia Rinaldi