Florida DUI Center

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.

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.

According to the summary prepared by the Department of Highway Safety and Motor Vehicles –

“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.”

This law is followed throughout the country in every region and every city. Miami, being one of the best known cities of Florida, strictly abide by this DUI law. DUI in Miami is considered as a criminal offense and impose serious punishment and fine upon the convicted. According to Miami Dui attorneys, people should take the issue of DUI offense very seriously and do whatever is required to get them out of the situation without being harassed.

Not only the drivers, but every DUI defense lawyers too need to understand the seriousness of the offense and consider all the minute issues and act accordingly. Every DUI defend attorney in the city should have very clear idea about DUI laws and its way-outs. Miami DUI lawyers, Miami drunk driving lawyers and Miami DWI lawyers, who specialize in DUI cases across the city should be aware of the “Ten Day” Rule. When a person is arrested for Miami DUI, generally two separate cases are triggered — firstly the court case, where the offender’s liberty is at stake and secondly, the Florida Department of Highway Safety and Motor Vehicles case, where the offender’s driver’s license is threatened.

In Florida, if you are arrested for DUI but refuse to take a breath, blood or urine test, or if your test result is 0.08% or higher — you get a 10 days time to appeal for a special hearing with the FDHSMV in order to save your driver’s license. In case you fail to do so, you will be charged with a penalty of minimum 6 month suspension of all your Miami and Florida driving privileges.

According to Florida DUI attorneys, DUI offenses can be proven in one of two ways –

Drunk driving can be proved by impairment of normal faculties.
Illegal blood alcohol or breath alcohol level of 0.08% or above.

Regardless of the manner in which the DUI offense has been proven, Florida or Miami DUI penalties for the offenders are always the same. Florida DUI arrest penalties and consequences are quiet serious and have far-reaching consequences, which includes heavy fines, imprisonment and license suspensions by court orders. Suspension of license can also be imposed upon the DUI offender by FDHSMV apart from those imposed upon by the court.

However, if you or someone you know is charged with a Miami DUI offense, the best and the first thing to do would be contacting a qualified and experienced Miami DUI attorney and hire him to fight your case. Remember, DUI is a serious offense and cannot be taken lightly. There are different level of pitfalls and complexities that only expert DUI attorneys are capable of understanding and managing. In order to get yourself out clean, you must appoint the best Miami DUI attorney to defend you.

Originally published here.

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.

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.