Reader’s Question:

My cousin was charged with DUI in Palm Beach, Florida. I want to help him as much as I can because we were together when he got arrested. I’m doing online researches regarding defenses can be used in a DUI case. I was also told that a strong odor of alcohol does not really make a person driving under the influence. How true is this and can we used this as a defense?

Hannah

Palm Beach, FL

Yes, it’s true that an alcohol on the breath does not mean that a person is driving under the influence. In some DUI cases in Palm Beach, Florida, this can actually be used as a defense. Police officers always mention that they believe that a person is drunk driving because they smell “a strong odor of alcohol on the suspect’s breath.” But these officers look foolish on cross-examination when he admits that alcohol itself (ethanol) has no odor. It is actually the mixing agent or flavoring that produces the odor we associate with alcohol. A non-alcoholic beer tastes and smells just like beer, but it doesn’t contain alcohol.

Indeed, laboratory studies show that the perceptions of the police officers of how strongly a person’s breath smells of alcohol simply doesn’t correlate with his/her actual blood alcohol level. All that can be assumed from the “odor of alcohol on the breath” is that a DUI suspect probably consumed some alcohol recently. But it actually does not provide evidence that the person drank enough to be driving under the influence or to have a .08 percent BAC or higher.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My brother has been convicted for DUI in Florida and he asked me to help him find a cheap SR22 auto insurance. Will we ever find cheap SR22 here in Palm Beach, Florida?

Toni

Palm Beach, FL

You may have a hard time finding cheap SR22 auto insurance in Palm Beach, Florida. That is because the very term SR22 insurance means your brother is considered ‘high risk’ in the auto insurance industry because of his DUI conviction.

As far as SR22 insurance providers are concerned, there are actually some that are more expensive than the others. Your brother can follow some key points to ensure that he doesn’t pay more than you need to when you get his policy. Make sure that he doesn’t shop by price alone because some policies aren’t worth the paper they’re printed on. They may show a cheap price but don’t offer any coverage that your brother actually needs. He can go with a reputable DUI source when you shop for SR22 insurance. Insurance companies that specialize in this type of high risk auto insurance are in a better position to help your brother than a more generalized provider. You also have to get as many free quotes for your brother as you possibly can as this would help you pick the better SR22 insurance policy.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I was charged with DUI here in Palm Beach, Florida and this is already my second arrest but the first one was dismissed. I didn’t hire a lawyer the first time I was arrested because I knew it will cost me too much money but I was lucky that I was not convicted. Now, could you tell me how important is having a DUI lawyer on my side?

Nick

Palm Beach, FL

If you have been arrested for driving under the influence, a Palm Beach, Florida DUI lawyer could help you to minimize the penalties imposed if convicted or even help you to successfully defend yourself against the charges. DUI lawyer responsibilities range from consulting clients when they are initially charged to seeing clients through their criminal trials and any administrative proceedings that take place. Qualified DUI lawyer would be able to counsel DUI defendants and educate them about what will take place. Knowing what constitutes DUI in Palm Beach, Florida and the penalties you may face is important for all drivers, so keep this information in mind.

The DUI lawyer would help you prepare for your case by reviewing evidence and gathering information that can be crucial to your situation. Having a qualified DUI lawyer on your side gives you a better chance of a positive outcome than representing yourself or working with a lawyer who does not specialize in DUI cases. Specialized DUI lawyers have more experience in handling DUI cases and also have access to a number of experts that can provide testimonies during your criminal trial.

Tags: DUI, DUI lawyer

Reader’s Question:

I’ve been following several DUI cases here in Palm Beach County, Florida since my sister has been a victim of a DUI-related offense. Is it true that a person can also be charged with DUI without actually driving? Are there people who have already been convicted of this kind of a DUI charge?

Dean

Palm Beach, FL

As strange and funny as it may sound, an individual could be charged with DUI in Palm Beach, Florida without actually driving. In the State of Florida, a person can be convicted of DUI if driving or in actual physical control of the vehicle.

Actual physical control arises in a variety of different ways. There have been many DUI cases in Palm Beach County, Florida where the police officer arrives at the scene and discovers that the defendant was asleep behind the wheel, either with the engine running or not. There are also DUI cases where the defendant had passed out while waiting on the traffic light to change. This means that actual physical control is where the individual has the ability to readily exercise control over the vehicle. Examples would include if the driver fell asleep behind the wheel and the car keys are in the ignition or if the driver is lying down asleep in the front seat and the keys are in the ignition.

There are several people reported to have been actually convicted for DUI without actually driving the vehicle during the arrest. Most of them have pulled the car off of the roadway, turned off the automobile and then proceeded to sleep it off and the police officers stumbled upon them. The issue of actual physical control is decided by a jury, not by a judge unless it is a non-jury trial.

Tags: DUI

Reader’s Question:

My sister has just been recently charged with DUI here in Palm Beach, Florida. She has not decided whether or not she will get a DUI lawyer. In case she wants to hire one, what are the questions she needs to ask the lawyer she is considering?

Amy

Palm Beach, FL

Getting arrested for DUI in Palm Beach, Florida can have very serious repercussions which include imprisonment and driver’s license suspension. Because of that, people who are facing a DUI case would do well to get the legal advice that they need in defending their DUI charge.

Asking the lawyers your sister is considering to represent her in her DUI case the right questions can help her decide on a lawyer who will aggressively represent her in the DUI case. Some of the most important questions your sister should ask are about his or her experience in practicing law, in handling DUI cases, and his or her familiarity with laws and the judges. Knowing these can help her gauge if the lawyer has gained the necessary experience he or she needs to go about the case. In addition to this, your sister should also consider a number of things, including the lawyer’s reputation not only among clients but among other lawyers as well. She should also try to get a lawyer that carries malpractice insurance just in case of any problems that can occur during the DUI trial. Lastly and more importantly, she should also ask about the lawyer’s fees.

Tags: DUI lawyer

Reader’s Question:

There is a possibility that my sister would be convicted of DUI here in Palm Beach, Florida. She is already very much aware of the penalties that could be put on her. What she isn’t fully aware of is the impact of her DUI on her auto insurance. If she will be convicted, what are the effects of DUI on her auto insurance?

Taylor

Palm Beach, Florida

Driving under the influence is a serious, yet quite a common offense. As we know, a DUI conviction can be humiliating and expensive for the individual involved. Some of the short-term consequences include attorney fees, fines and license suspension. The long-term consequences are often the most expensive due to the effects on car insurance rates and coverage.

If your sister would be convicted of a DUI charge in Palm Beach, Florida, her insurance company may not likely find out. But they might uncover it through their annual driving record investigations. Another way of finding out about a DUI is that the she may have to file form SR22 (Proof of Insurance Certificate) when she re-instates her license. She might have to consider other options such as changing companies because not all insurance companies will file an SR22 form.

There can be two basic outcomes if the insurance company finds out about a DUI conviction. More often, the insurance company that accepts SR22 forms would specialize in “high-risk” driving auto insurance. Even if the insurance rates may increase, filing with a smaller company usually makes the switch less expensive than attempting to file an SR22 with a major firm. The other outcome is that they may drop your coverage completely and you would have to find a new company to insure you.

Reader’s Question:

This could be the eeriest chapter in my Mom’s life. After partying with her friends she hasn’t seen for so long, she was caught drunk driving and was charged with DUI here in Palm Beach County, Florida. What are the consequences that she is facing now that are associated with her DUI charge?

Luisa

Palm Beach, FL

On a first DUI conviction as stated in the State Attorney’s Office in the 15th Judicial Circuit (Palm Beach County), your mom can be punished by up to 6 months of jail. The offer is normally 12 months of probation and she gets the privilege of paying for her own cost of supervision. She must attend the DUI School that she has to pay also. DUI School for first offense is typically 12 hours long. Her driver’s license will be suspended for a minimum of 6 months and a maximum of 12 months. She can obtain a business permit, though. She would to attend the Victim Impact Panel (VIP). This is run by Mothers Against Drunk Driving (MADD) which lectures on the horrors of drinking and driving. The VIP is two hours long. She would also also have to perform a minimum of 50 hours of community service at a non-profit agency. Vehicle immobilization is for 10 days. She would also have to pay fines and court costs of $500.

Your mom, of course, can reject it and proceed to trial. Most often, the judge would not greatly enhance a sentence for a first time DUI offender who took a chance on trial and lost, but not all judges are the same. Don’t expect the judges to sentence as lightly as the judges in Palm Beach County.

Reader’s Question:

I totally understand that I am facing a serious problem right now. I promised myself, or I think I did, that I would never get arrested again. Yet, I got charged with my second DUI in Palm Beach County, Florida in five years. What are the consequences that I am facing with my second arrest?

Jennifer

Palm Beach, FL

If your second Palm Beach County, Florida DUI arrest occurred while you are still on probation for the first DUI, you violated your probation so that means the judge will put you in jail. If you are no longer in probation, you are still entitled to the administrative hearing at the Bureau of Administrative Review and to a permit while awaiting your hearing. You get your regular license back pending the outcome of the criminal case if you prevail at the administrative hearing. Your license is gone for 12 -18 months and you are not able to get a work permit if at the administrative hearing.

You may serve prison term for nine months in the county jail, a mandatory minimum jail sentence of 10 days as part of a second DUI sentence. In addition, the court costs and fines are greatly enhanced. You would also have to attend the advanced DUI School. The vehicle immobilization is for 30 days. You would also have 75-100 hours of community service. The license revocation is for five years and you can’t get a permit for the first year. To make sure you comply with the foregoing special conditions, you will be on probation for 12 months. After your probation, you would also have to install an ignition interlock device on your vehicle or any vehicle you have access to. That is a requirement that must be met before you can ever get any form of license again.

This information is only if you are found guilty. Of course, you are entitled to a trial. An experienced Palm Beach County, Florida DUI attorney would be of much help to you.

Reader’s Question:

My son was charged with DUI here in Palm Beach County, Florida. A lot of people are advising him to just plead guilty and he is very much considering it. He hasn’t talked to his DUI lawyer about it. Just in case, he pleads guilty, what are the things that he should remember if he will be under probation?

Lana

Palm Beach, FL

If your son is considering on pleading guilty on his DUI charge in Palm Beach County, Florida, he should arrive in court early. There are several documents that his Florida DUI lawyer needs to go over with him. One is the waiver of rights form that essentially says that he does not wish to go to trial and that he is taking a plea. By taking the plea, he gives up his right to testify, his right to have the state prove his guilt beyond a reasonable doubt, his right to cross-examine witnesses, his right to have a jury hear the case. Your son and his DUI lawyer will sign this document.

The other document would be the “plea in the county court”. This document contains the information that your son is pleading guilty to DUI and perhaps other charges. It would also be in the “plea sheet” if a charge is being dismissed. The “plea sheet” also contains his special conditions of probation such as how many months he will be on probation (usually 12 maybe with early termination after 6, if a first time offender), the fines and court costs ($250 fines), the DUI school, the victim impact panel, community service hours (usually 50 on a first DUI conviction), vehicle immobilization (10 days on a first DUI conviction). The state of Florida would also include a provision that you not drink nor possess alcohol while on probation. Your son and his DUI lawyer will sign this document, so will the assistant state attorney and the judge. The judge would also sign an immobilization order on that day.

The court would go over the information and place your son on probation. He would immediately meet with a probation officer either in court or up on the 9th floor of the Palm Beach County Courthouse.

Reader’s Question:

Will I have to contain an Ignition Interlock Device placed in my car as a condition of bond for a DWI offense in Palm Beach FL?

Messer

Palm Beach, FL

Thank you for your query, Messer. In Palm Beach FL, if you were stopped by a representative of the law enforcement, and the day you were stopped it was your first offense; conditions of bond are an issue of judgment with the Court. In general, most judges will not make an Ignition Interlock Device as a condition of bond for a first offense DWI. However, if you are accused with a succeeding DWI and this does not matter how long ago your first DWI was, with Intoxication Assault, or with Intoxication Manslaughter you are obligatory by law to put in an Ignition Interlock Device on your car. In actual fact, you will not be able to steer any means of transportation that is not equipped with an Interlock Device. If the piece of equipment verifies a certain level of alcohol on your breath, it will for the time being disable your vehicle. When driving, you have to constantly blow into the piece of equipment about every twenty minutes. Please be reminded, that the alcohol in some mouthwashes can still be enough to cause the Ignition Interlock Device to disable the vehicle if you do not remain a certain period of time following its use.