Reader’s Question:

The officer took my driver’s license after being arrested for DUI in Palm Beach, Florida. Does this mean that I would have to apply for a new license?

Sean
Palm Beach, Florida

It is an ordinary practice for law enforcement officers to take the driver’s license of a person who is suspected for DUI after the arrest. Usually, the driver’s license is suspended if the person who was arrested refused to take the breath, blood or urine test to check the blood alcohol content (BAC) or if the person had a BAC which is at or above the legal limit of 0.08%. The driver’s license suspension could last as long as six to 18 months. The worse thing about this one is that not only that your driver’s license would be suspended immediately for a blood alcohol refusal, but it could also be used against you in your DUI criminal court trial.

That is the reason why the police officer took your driver’s license when you were arrested for DUI in Palm Beach, Florida. Don’t just apply for a new driver’s license because it could create even more problems for yourself. You may seek to have your driver’s license returned by requesting for a hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) within 10 days upon your DUI arrest.

Tags: blood alcohol content, driver’s license, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I have heard a lot of cases about DUI here in Palm Beach, Florida especially regarding DUI arrests. What are these so-called symptoms of intoxication that can be caused by things other than alcohol?

Nash

Palm Beach, FL

Police officers in a DUI arrest often claim to have observed certain “objective symptoms of intoxication” on the person suspected for DUI. The standard list of the symptoms of intoxication includes slurred speech, bloodshot or watery eyes, an unsteady gait and a flushed face. Police reports on DUI cases have pre-printed boxes for these symptoms that officers merely check off. But in most DUI cases in Palm Beach Florida, officers fail to take photograph, videotape or audiotape the person suspected for DUI so that the jury could later judge for themselves if these symptoms were present and to what extent.

But in any event, there are certain things that could explain these observations and they are non-alcohol causes. One great example of this is that allergies, eye strain and fatigue often cause bloodshot eyes; embarrassment, anger and nervousness over the DUI stop could also cause flushing; fluster and intimidation could cause slurred speech. Police officers rarely take these innocent explanations into consideration but it can be emphasized that the evidence is just as consistent with non-alcohol explanations as it is with intoxication.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

I know that after my DUI charge here in Palm Beach, Florida, I have to do certain things to save my driver’s license. What are the things that I should do now so that I can still have my driving privileges?

Jude

Palm Beach, FL

To save your driver’s license, the first thing that you should do after your DUI arrest in Palm Beach, Florida is to request for an Administrative hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). Upon your request, DHSMV is authorized to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decision of the DHSMV should not be considered in any trial for refusal to blood alcohol test nor any written statement you submitted in your request for review be admissible into evidence against you in any such trial. The disposition of any related criminal offenses should not affect the suspension of your license.

The temporary permit that the officer issued you is valid for 10 days from the date of your arrest. This permit does not authorize anyone to operate a commercial motor vehicle for the first 24 hours of suspension of driving privileges. The Administrative hearing with the DHSMV should be requested with 10 days upon arrest and I also suggest that you request the officer’s presence so that it can give you a preview of your trial.

Tags: driver’s license, DUI, DUI lawyer, DUI trial

Reader’s Question:

The law really confuses me and even if I know that it’s far from happening, I still feel the urge to ask this question. If I will be arrested for DUI in Palm Beach, Florida, do I have the right to a lawyer before I decide whether or not to take a breath or blood test?

Earl

Palm Beach, FL

Florida DUI laws do not give anyone the right to speak with a lawyer prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test. Florida DUI laws also do not prohibit an officer from allowing a person to call a lawyer prior to making the decision on whether to take any field sobriety tests or the breath or blood test. Moreover, the law does not require anyone to perform any field sobriety tests or to take a breath or blood test.

If you will be contacting a DUI lawyer in Palm Beach, Florida prior to taking a breath or blood test, you will be exercising good and normal judgment. If you are already under arrest, you are entitled to contact a lawyer at this point. The officer might tell you that you don’t have the right to contact a lawyer at that time and the decision to take a blood or breath test is up to you. This is but a normal response from an officer but jurors might not like this because most people believe that anyone is entitled to a lawyer once he/she is arrested. If the officer tells you that the Courts have ruled that they don’t have to allow you to contact a lawyer, it doesn’t seem that they are being fair.

Tags: blood alcohol test, breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I heard that there are several roadside tests that are being conducted during a DUI arrest. Is it typical for a police officer in Palm Beach, Florida to conduct a finger-to-nose test and how is it being conducted?

Dallas

Palm Beach, FL

The finger-to-nose test is a gambit employed by police officers when doing an investigation on a driver suspected of DUI. This kind of test is not often used in Palm Beach, Florida because it is not a standardized field sobriety test recognized by the National Highway Transportation Safety Administration (NHTSA). This test is highly considered as designed to set up the driver for failure. A police officer typically conducts field sobriety tests to establish probable cause for a DUI arrest and to gather evidence to support a DUI case.

During the finger-to-nose test, the officer would instruct the motorist to tip his/her head back with eyes closed and touch the index finger to the nose. The officer would also tell the motorist to continue touching the left or right index finger to the nose at random. The clues of intoxication that the officer is looking for include inability to touch finger directly to tip of the nose, inability to follow instructions, muscle tightening or tremors, swaying or lack of depth perception. The officer would also make a note of any statements made by the motorist during the test.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I have a recent charge for DUI in Palm Beach, Florida and I was told that I have to go to a DUI school. Does this mean that I would also need to have an alcohol assessment and treatment?

Cali

Palm Beach, FL

After your DUI arrest in Palm Beach, Florida, you might be assumed to have a drinking problem and you will be mandated to have an alcohol evaluation, education (DUI School) and treatment before your driving privileges could be restored if you will be convicted for DUI.

A DUI conviction in Florida means that you will be required to undergo an evaluation to determine the extent your life is affected by alcohol consumption and if your drinking behavior is considered alcohol abuse or alcohol dependence. You would also be required to attend classes on the dangers of driving under the influence regardless of the results of your alcohol evaluation. This is commonly referred to as a DUI School or drunk driving school. If the evaluation determined that you have a drinking problem, the length or number of the required education classes can be increased. Also, if the alcohol evaluation determines that you are an alcohol abuser or an alcohol dependent, you will be required to complete some form of treatment before driving privileges are restored.

Tags: DUI, DUI lawyer, DUI school

Reader’s Question:

I was arrested for DUI in Palm Beach, Florida at a DUI checkpoint and I am still confused about the legality of this kind of checkpoint. Does the law really allow this kind of a traffic stop?

Brian

Palm Beach, FL

DUI checkpoints are extensively used by law enforcement officers around the country today. At present, the law is clear on the use of these DUI checkpoints. The US Supreme Court has recognized that the stopping of motorists poses an intrusive burden on citizens and consequently law enforcement must adhere to a strict set of guidelines when conducting the DUI checkpoints.

DUI checkpoints are found to be constitutionally permissible even though there is a significant degree of intrusion upon motorists due to the fact that their implementation is said to advance the State’s interest; that interest being to stop impaired drivers and remove them from streets and highways. But failure to comply with the guidelines as laid out by the US Supreme Court and Florida DUI law would render any evidence following a stop at one of the DUI checkpoints inadmissible. If this is the case, it would result in a dismissal of your DUI charge in Palm Beach, Florida.

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

Reader’s Question:

After the arraignment of my sister’s DUI charge In Palm Beach, Florida, she’s already preparing for her trial. Before that, she told me that there would be a discovery motion first. What does discovery motion in a DUI case mean?

Mallorie

Palm Beach, Florida

During a discovery motion in a DUI case, the prosecution will be asked to release additional evidence. Discovery would be based on the idea that the defense is entitled to all the information that will be used by prosecutors in their attempt to convict. Most of the time, prosecutors would simply give your DUI lawyer the evidence that would make the discovery unnecessary.

There is actually an informal discovery process that often happens between the defense and the prosecution without the judge getting involved. Both parties provide the other with a list of the information that they would like to be given. The pieces of evidence that your DUI lawyer will receive in this informal discovery process include things such as the names and addresses of prosecution witnesses, statements made by you, relevant evidence seized or obtained as part of the investigation, results of scientific tests and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial. In your sister’s DUI case in Palm Beach, Florida, if both sides refuse provide the evidence that the other side requested, a formal discovery process begins. This would require filing motions so that the judge can decide whether or not to order that the prosecution give the DUI lawyer the evidence he/she wants.

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

Reader’s Question:

I heard so many negative things about field sobriety tests here in Palm Beach, Florida like they don’t really determine whether a driver is drunk or not. So other than being drunk, what factors could affect a person’s failure in doing these kinds of tests?

Ada

Palm Beach, FL

Well you could believe what you heard about field sobriety tests (FST’s) in Palm Beach, Florida because if a driver failed these tests, it is really not an indication that he/she was driving under the influence. There are several factors that could influence the results of the FST’s that have nothing to do with being drunk. Some of the things that could impact how a driver does on FST’s include the volume of traffic passing by (which would likely slow down to stare at you), how even the pavement is, whether it is gravel or concrete, the amount of lighting available and the weather.

In addition to that, the driver’s physical condition could affect the results of the FST’s. If he/she is elderly, overweight or has physical impairments of his/her limbs, back, or eyes, it could often result in failure on the FST’s. Take note that even the type of shoes that the driver is wearing could affect the test. To top it all, the driver is probably very nervous, humiliated, angry and tired. But the most important thing to keep in mind, no matter what kind of FST’s you take and no matter how you think you did, an experienced DUI defense lawyer would know how to ensure that you are not convicted simply because of the police officer’s personal opinion.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I’m afraid that I might just lose my drunk driving case here in Palm Beach, Florida so I’m thinking not to fight it anymore. But I would still want to know under what circumstances do I have my DUI case worth fighting?

Zella

Palm Beach, FL

A good DUI lawyer in Palm Beach, Florida would tell you that a DUI case is always worth fighting for under any circumstances, if for nothing else to scrutinize the police report and give you an informed decision on the viability of the DUI case against you. There are two common scenarios in a DUI case in general. One is for having a blood alcohol content of .08 percent at the time of driving and the other one is for being under the influence of alcohol while driving and each charge has strict penalties. Aside from that, you would also have to face an administrative charge to fight against the suspension of your driver’s license.

You have to understand that you are facing a very bad situation because a DUI conviction would mean paying sky-high fines, suspension of your driver’s license, attending an alcohol program and DUI school, having an increased auto insurance of hundreds of dollars a year, having a criminal record, etc. These are just some of the reasons why you should fight your DUI case no matter what the circumstances are.

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