I’m throwing a party two weeks from now here in Palm Beach, Florida and I’m kinda worried that my guests would have too much to drink. I’d like to have all of them get home safe, so how can we avoid having them drink and drive and be charged with DUI?

Daphne

Palm Beach, FL

I see that you want to be a responsible host as you can be that’s why you want to have your guests return home safely from your party in Palm Beach, Florida and completely avoiding a DUI charge. There are certain things that you have to keep in mind to minimize the risk of abuse if you decide to serve alcohol. First is that you have to be cautious about your guest list so don’t think twice about speaking in advance to guests who are known to drink excessively and you can arrange alternative modes of transportation. You also have to make sure that there is lots of food served so that your guests won’t drink on empty stomachs.

If you are planning to serve an alcoholic punch, consider using a noncarbonated base such as fruit juice, so that alcohol is absorbed into the bloodstream at a slower rate. You also have to make sure that there are plenty of non-alcoholic drinks available and serve as few salty snacks as possible because thirsty guests tend to drink more. You also might want to have lots of group activities such as party games to keep the focus of the party away from drinking. Best of all, before your party begins, have your guests determine designated drivers who won’t drink any alcohol.

My cousin was charged with DUI here in Palm Beach, Florida and I see that he worries too much about his auto insurance. What can he expect from his insurance company after his drunk driving charge?

Margaret

Palm Beach, FL

Most auto insurance companies check their client’s motor vehicle record once a year. Some auto insurance companies do check it only once every three years or when the client is applying for a new insurance policy. Sometimes, tickets, drunk driving or DUI convictions and accidents could escape the auto insurance company’s attention. If your cousin’s auto insurance company finds out about his DUI charge, especially if he gets convicted, he will see higher premium rates and possibly he might have the task of seeking a new auto insurance company because his current auto insurance company might not renew his coverage.

There are usually two ways that auto insurance companies deal with customers who have DUI charge. Including your cousin’s DUI case in Palm Beach, Florida, the first possible thing that would happen is that the auto insurance provider might cancel the policy. It would also be possible that the auto insurance company would raise the premiums due to increasing the “point” count, almost to the point of “unaffordability.” In case this happens, he can check out other auto insurance providers and he can absolutely find a good auto insurance through getting an online rate quote from this website.

I understand how serious a DUI charge is because I know some people here in Palm Beach, Florida who suffer the consequences of DUI. Question is, what usually happens after a DUI arrest?

Felicia

Palm Beach, FL

Let’s say for example that a person is arrested for DUI there in Palm Beach, Florida. After the DUI arrest, the accused will be “booked” into the criminal justice system and be held in custody until all or most of the police officer’s required arrest paperwork is completed. At this point, the police could even set preliminary bail, which must be paid before the person is released from custody. Shortly before the DUI suspect is released, a court date would be set and the police will generally provide one or more pieces of paper commanding the person to appear in court at a certain place and time to be “arraigned.”

In some instances, the police officer would arrest the person, finish some preliminary paperwork, and then immediately take the person for an appearance before a local court judge. The first court date or courtroom proceeding would be the arraignment. During this arraignment, the person will be called before a criminal court judge.

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.

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.

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.

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.

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.

I heard my parents talking about my father’s DUI case in Palm Beach, Florida. My father said that they should take the advice of the lawyer to plea bargain. In a DUI case, what does plea bargain mean?

Wally

Palm, Beach, FL

As how it sounds, plea bargain is pretty much a type of a bargain. In your father’s DUI case in Palm Beach, Florida, your father and the government would make a specific arrangement whereby he agrees to plead guilty to a lesser charge in exchange for the prosecution to not prosecute him any further. An example is if the prosecution has just approached your father and his DUI lawyer about accepting a lesser charge of reckless driving instead of having a DUI charge. Of course, this would mean that your father wouldn’t have to face such harsh penalties. This is considered usually if he has an exemplary criminal record.

After your father consults with his attorney and understands your father’s specific case, they may both find it best to plea bargain. Although plea bargaining is rare in many DUI cases, this arrangement may be appropriate for your father as the defendant and the government or the prosecution depending on the seriousness of the DUI case and the strength of the evidence against your father.

The arraignment for my DUI charge in Palm Beach, Florida was scheduled yesterday. The police officer didn’t show up at the hearing. Will my DUI case be dismissed and is it true that I should have refused the breath or blood alcohol test?

Kathleen

Palm Beach, FL

No, it is not true that you should have refused the breath or blood alcohol test. In Palm Beach, Florida, you must never refuse to submit to a chemical test. Even if your DUI charge is entirely dismissed, your driver’s license will automatically be suspended for one year pending a refusal to consent to a breath or blood alcohol test. Although a good DUI defense lawyer would attempt to refute an allegation of “consciousness of guilt” for refusing a chemical test, the prosecution will likely use your refusal against you and they would claim that your refusal was due to high blood alcohol content.

In regard to the officer not showing on court on your first court date, your DUI case will not be dismissed. That’s because a DUI is not considered a traffic infraction, rather a misdemeanor crime. Incidentally, the presence in court of the arresting officer is only required during the trial phase of your DUI case, not for your initial court hearing.