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:

My brother is accused of DUI here in Palm Beach, Florida and I heard that he would have to pay some fees until the case is resolved. What kind of fee is this and aside from the fees and court fines, what other financial aspect of the case does he have to worry about?

Edmund

Palm Beach, FL

In a DUI case, some counties really require pretrial supervision which would include regular fees of about $20 per month until the DUI case is resolved. That would probably be the fees that you are referring to while your brother’s DUI case in Palm Beach, Florida is on trial. Believe it or not, this could be considered as probation even before conviction that is solely based upon the accusation of the DUI crime.

Aside from the fees and court fines, your brother would also have to worry about the impact of his DUI charge on his car insurance rate. Major insurance companies would simply refuse to give him coverage as he is already tagged as a high risk driver because of his DUI charge. For those car insurance companies that are willing to offer policies, the premium rate would depend on several factors. These factors include make and model of car driven, driving record, age, levels and type of coverage sought, marital status and if the DUI case involved a wreck or other charges. He would also have to get an SR22 car insurance and he could definitely get an online rate quote from great insurance company in Florida available from this website.

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

Reader’s Question:

I got a DUI here in Palm Beach, Florida and everyone is telling me that I should hire a lawyer. Do I really have to hire a lawyer to help me in my DUI case?

Dave

Palm Beach, FL

Yes, you have to hire a DUI lawyer as soon as you can after you have been charged with DUI in Palm Beach, Florida. If you don’t have your own DUI lawyer, you are very likely to be lost in the foggy maze of Florida’s drunk driving laws, which change every month or so. You badly need a DUI lawyer to watch out for time limits, negotiate for you, speak for you when necessary, complete and file all the paperwork correctly on time and generally fight for your best interests. An experienced DUI lawyer knows how to challenge the DUI stop, field sobriety tests, breath and/or blood alcohol tests and the DUI arrest or when you were already in custody.

A DUI charge in Florida could even cause you to lose your driving privileges and you would also have to pay higher insurance premium rates and it could also often lead to jail time, loss of your job and expenses and inconvenience. Sad to say, it could even give you a criminal record so hiring a DUI lawyer to help you and represent you would not be a bad idea.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I heard from someone here in Palm Beach, Florida that there are things that can lead into the inaccuracy of the Intoxilyzer 8000 that is used as a breath test machine in DUI cases. What are the reasons that can cause an inaccurate result of the Intoxilyzer 8000?

Janice

Palm Beach, FL

If the Intoxilyzer 8000 is used as a breath test in Palm Beach, Florida, it is said that the results of this test is inaccurate. There are several reasons why the Intoxilyzer 8000 could have inaccurate results when reporting a driver’s blood alcohol concentration. The common reason for the inaccuracy of the Intoxilyzer 8000 include: operation of the machine by unqualified person, operation by someone who is unlicensed, interference of radio frequency, contamination of mouth alcohol, malfunction of the machine and internal body temperature inaccuracy.

It would always be to the driver’s benefit to speak with a qualified DUI lawyer because the breath test results from the Intoxilyzer 8000 could be inaccurate. A DUI lawyer could review the test results, speak with the law enforcement, investigate the conditions of the breath test, and question the person who administered the breath test.

Tags: breath test, DUI, DUI lawyer

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:

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