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.

READER QUESTION:

So I’ve hired a Palm Beach DUI case lawyer. Now what?

Lucy

Excellent question, Lucy.

A lot of people think that once they hire their Palm Beach DUI case lawyer, all they have to do is lay back and watch the sun rise. Not so. Defending a DUI case is a group effort, and you aren’t going to get anywhere without communication, no matter how good your lawyer is.

Importantly, you need to keep on hand everything important to your case, and make sure that your attorney always has the latest information and documentation. You have to be clear on what exactly your goals are for your case, whether they are realistic of not, and so on. You should also have a timeline for your case, with an idea of when it will end and at what points you should have certain goals accomplished along the way.

Be sure to remember that your lawyer is there to help you, and if you need any advice on your case you should call them up and voice your concerns. This will give your lawyer direction and help the two of you work together better for a successful case.

–Fashun.

Sometimes, you can avoid hiring a Palm Beach DWI attorney. While you may still find one for reasons of ease and comfort, it isn’t absolutely necessary for your case, and you should take it on an individual basis. As always, go for a consultation and talk over your case with a lawyer before you decide whether you will end up hiring one or not. Many lawyers will give you a consultation for free, so all it will cost you is your time and it could save you a lot of money.

Think about hiring a Palm Beach DWI attorney if…

• you’re in school or in a degree program where you will need to test for a certification which has restrictions–you won’t be able to get it if you have a criminal conviction on your record.
• you’re really confused by DUI law and need to know what your case is about, what trouble you’re in, and what you can do about it.
• you work a job that you have to have bonding for.

Sometimes, hiring a Florida DWI attorney can be very serious. It could be the difference between probation and spending several years in prison. when you are part of a case such as the following, then not only do you need a lawyer, but you need a very good one. Don’t consider anybody short of a lawyer who practices only in DUI, and if you can’t afford one, there are other ways you can get representation.

Go get a Florida DWI attorney right now if…

• you were in a disastorous accident. You could be in terrible trouble if someone in the other car, or even your own, suffered injury because of your reckless driving. If somebody died, then you’re in even more trouble. Without a DUI lawyer, you’re pretty much screwed, and even with one it will be an uphill battle.
• if you’ve got a job that requires you to drive, such as a taxi driver or traveling salesperson, then losing your license could be the end of your world and put you on the street. Hire a lawyer to see if they can get you a special restricted license.
• if this is just another DWI on an already long list of them, then the court system’s patience is probably wearing thin with you, and you will need to fight extra hard this time.

A second offense Palm Beach DUI is just one thing which may make it necessary for you to hire a lawyer, although it is still open to interpretation. To say the least, it’s in your best interest to hire a second offense Palm Beach DUI lawyer in the following cases, but there’s still some leeway and it won’t be a total disaster if you don’t.

Probably go and hire a DUI lawyer if…

• if you’re already on your second DUI conviction, then your consequences rachet up another notch. Not the highest they can go, but definitely more unpleasant than the first time around.
• if you got really drunk before driving, and it was to the extent that you came up to double the legal level which you can usually get convicted for, then you would do well to be hiring a lawyer.
• there are some other conditions which may be similar to the double BAC level one, and one of the most serious of these is being caught while you have a kid in the car. Anyone under the age of 18, even just a year, can bring you a harsher sentence if you are drunk driving with them.

When you go to your Palm Beach FL DUI consultation, you need to be ready. Otherwise, you may be there forever, have to leave and come back, make the wrong choice of lawyer, or just walk away confused. If you want to have the best Palm Beach FL DUI consultation and hire the best lawyer, then here is some advice.

• Get educated.

Just because you’re hiring a lawyer to know about Florida DUI law for you doesn’t mean you can’t get acquainted with it. Go online or go to the library and find out some basic details about the laws you’re going up against. With this outline of knowledge, things in your consultation will move quicker, and you’ll come out with a clearer view of your position and the lawyer.

• Find the experienced lawyer.

You need to get a lawyer who has at least a couple of years of experience. However, not all experience counts. Unless at the very least 50% of your lawyer’s case work is related to DWI, then they don’t have the right knowledge to help you, no matter how cheap they are.

Q: What can a Florida DUI lawyer do?

A: A Florida DUI lawyer can one up you the most on one thing–they know Florida DUI law much better than you do. You can’t really know what to do with your situation until you find out what the laws are, how serious an offense you are being accused of, what the evidence against you means, and what consequences could come to haunt you.

As someone who isn’t a Florida DUI lawyer, you also don’t know the system well enough to represent yourself well and court. You could end up losing a lot of money and time because of this. Since DUI isn’t your job, it will also be hard on you if you are required to deal with all of the essentials of your case, such as filling out the right paperwork, calling up the right people, juggling court dates, and all of the rest,

In your search for a decent Palm Beach FL DUI attorney, the most important thing that you need to do is go in to your prospective representation for a consultation. Consultations have many benefits.

• you can present your situation to the Palm Beach FL DUI attorney and they can figure out how serious your case is an explain what it means.
• they can help you understand DUI laws for Florida, and the consequences you will face if you are found guilty, as well as what your options might be for clearing your record.
• you can find out about the projected costs for your case, as well as payment plans.
• by speaking with your lawyer, you can find out if they’re the type of person you could cooperate with and whether they have knowledge about DUI situations.

Most DUI lawyers give free consultations, so you can go to as many as you want, although unless you have a lot of time to waste it’s best to pick and choose. You may even find, after your consultation, that you don’t even need a Palm Beach FL DUI attorney at all.