Reader’s Question:

Is it true that I don’t have to talk to anyone but a lawyer about my DUI case here in Palm Beach, Florida?

Jagger

Palm Beach, FL

Yes, it’s true, you definitely don’t have to talk to anyone but a lawyer about your DUI case in Palm Beach, Florida because anything you say to anyone could be used against you. If you discuss your DUI arrest with family or friends, you are risking turning them into involuntary witnesses against you. It would be in your best interest to remember the details of your DUI arrest because it would help you in your defense. In any criminal case, you should be represented by a competent defense lawyer who specializes in the specific field of law you are charged with and one who has years of experience.

You could either choose a DUI lawyer or risk the consequences of representing yourself. By hiring a DUI lawyer immediately after your arrest, you would not miss any deadlines. Judges would not know if they must protect your rights unless someone defends you. An example is that overworked prosecutors could use reports from inexperienced or over-zealous police officers to over-prosecute a DUI case. DUI lawyers are absolutely aware of these tendencies and they are trained to handle such situations. So do not ever choose to be your own lawyer because you do not know the law and you don’t know how to challenge the elements of your DUI case.

Tags: DUI, DUI lawyer

Reader’s Question:

Is it true that even sober people would fail the field sobriety tests if they try to take it? All of the people I know here in Palm Beach, Florida who have been arrested for DUI have failed these tests.

Renzie

Palm Beach, FL

There are a lot of field sobriety tests that are being used by police officers to various extents, including those in Palm Beach, Florida. Known to DUI lawyers and most officers as FST’s, these roadside tests are basically a series of exercises created to test coordination, divided attention (an individual’s capability to perform two actions simultaneously) and balance. The most popular FST’s are the horizontal gaze nystagmus test (watching an object moving only your eyes), walk-and-turn, one-leg-stand, fingers to thumb, finger-to-nose, alphabet recitation and hand-pat.

One very important thing to know is that these tests have been scientifically disputed several times. And yes, it is true that even sober people would often have difficulty, thus failing these tests. One more thing is that to “pass” the tests is to be determined by the officer’s better judgment which means that it would be a subjective judgment. The popular public doesn’t seem to know that these tests are not legally mandatory. Aside from possibly irritating the police officer, a motorist could opt not to take a test without any legal consequence.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

Hi, I’m taking time in studying DUI as it is required in my schooling here in Palm Beach, Florida. My question is very simple, if a person will be convicted for DUI, how long would the mandatory jail time be?

Beverly

Palm Beach, FL

If a person, for example, who lives in Palm Beach, Florida, has more than one DUI conviction on his/her record, he/she faces mandatory jail time. In the state of Florida, one faces a minimum of 10 days serving in jail if he/she is convicted of two DUI’s within five years. If the person is convicted of three DUI’s within 10 years, he/she could face a minimum of 30 days in jail. Furthermore, a third DUI could result in the charges being upgraded to a felony. But let me just tell you, of course, that a good DUI lawyer could negotiate to keep the case a misdemeanor even if the defendant has more than two prior DUI convictions.

Several times, the prosecution and/or judge would require a person charged with a third DUI or more to serve a significant amount of time in jail. Prosecutors and most judges are willing to allow a person facing serious jail time to serve their sentence in an alcohol rehabilitation center in lieu of jail.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

I’m very much curious about the Miranda Warnings relating to DUI cases especially here in Palm Beach, Florida. In case there was a traffic accident and it turned out to be a case of DUI, how important would the Miranda Warnings be?

Jenny

Palm Beach, FL

In such situation that a person is arrested for DUI Palm Beach, Florida or anywhere in the state of Florida for that matter, the Miranda warnings are required to be read to the person arrested for DUI. This specific warning is seldom needed following a DUI arrest because it deals with statements that the person arrested for DUI makes following the DUI arrest. Police officers are trained to get the necessary information with regard to how much the person drank, what he/she ate and when he/she last drank before the DUI arrest to avoid any problems with Miranda warnings (so unfair).

Miranda warnings are important in any accident case because if you are involved in an accident, anything you say to the investigating officer is protected and could not be used against you. If this accident investigation turns out to be a DUI case, the officer should then read you Miranda warnings before asking you any questions because if not, your statements would not be allowed to be used against you.

Tags: 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:

Hi. I have a 17-year old daughter who has been arrested for drunk driving last Sunday. What is the process for first-time offenders of DWI in Palm Beach, Florida?

Harry

Palm Beach, FL

Being charged with DWI is stressful especially for first-time offenders. At the time of arrest, the law enforcing officer will most likely require the DWI offender to take some form of chemical test or field sobriety test to determine the approximate Blood Alcohol Concentration (BAC) level.

After the arresting officer puts the DWI offender in jail, the DWI offender will go through the booking process. This process includes finger printing and mug shots. She will be kept in jail until it is time for her jail release hearing, also known as bail hearing. During the bail hearing, the judge will review your daughter’s past offenses as well as past arrests and will make a decision as to how high or low the bail should be.

As for drunken driving in Palm Beach, Florida, a person who is committing this crime for the first time could be sentenced for six months along with a fine. The prison sentence and amount payable will increase based on the number of times this offense is repeated. The DWI offender’s driving license could also be suspended if she refused to undergo an alcohol test after being found guilty of a DWI felony. I would suggest consulting a Palm Beach, Florida DWI attorney to help you get out of this situation with a minimum amount of punishment.

Tags: advice, drunk driving laws, DWI lawyer

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.

Reader’s Question:

Is it possible that I was intoxicated at the time that I was tested in Palm Beach, Florida, but not during I was driving? And, does this make a disparity?

Janice

Palm Beach, FL

The answers for both your questions Janice is yes. Our Florida law only offers that the felony of DWI happens when a person has an alcohol concentration of .08 or more in his body or has lost normal use of his intellectual or bodily abilities at that time that he or she is driving. So, the timing of the particular test in question can present a significant problem for either the prosecution or the defense (depending upon the circumstances). This problem usually arises in connection with breath or blood tests tested approximately 45 minutes to 1 hour and 15 minutes after driving. In such delayed testing, absent other information about the quantity of alcoholic drinks used, the type of drinks used, and information of when the drinks were consumed, a person’s alcohol level at the time of driving may have been elevated, dropped or the similar.

In order to link the test result to alcohol level at the time of driving the prosecution may attempt to present expert testimony. The procedure the “expert” uses to tell the test result back to the time of driving is known as retrograde extrapolation. Depending upon the facts in your case, the expert may use his facts regarding alcohol assimilation, circulation and removal to have the State’s extrapolation evidence excluded or to raise issues of reasonable doubt in connection with that evidence.

READER QUESTION:

Can you explain to me how to know what to do when hiring a Palm Beach DUI attorney?

Chris

THANKS FOR ASKING, CHRIS.

When hiring a Palm Beach DUI attorney, it’s most beneficial to be as inquisitive as possible. ASK! About everything! Remember, you have center stage here, so don’t just take vague statements. You need to hire a lawyer you are comfortable with, and also one that knows their stuff.

Make sure your lawyer defines their experience. When they say they have however many years of experience, in what? In DUI law? If not, then get out. If yes, ask them how many DUI cases they handle, and what percentage that is of their workload. When did they last handle a DUI case, and how did it turn out? Do they stay on top of changes in current laws, do they attend conferences on DUI defense, and so on?

You also have to make sure that they have an understanding of your case and can communicate it to you. If they can’t get their point accross to you, then there’s nothing you can do. They also need to have fair fees for their services, and be able to explain them to you.

–Fashun.