I know someone who had been charged with DUI offense. If proven guilty what DUI penalty would he get here in Palm Beach, Florida? Does a DUI offense have serious punishments? I’m totally clueless about DUI stuff I’m hoping someone can help me. Also, can you tell me how to get cheap DUI insurance?

Georgina

Palm Beach, FL

I’m hoping that you’re not the one who needs to get cheap DUI insurance. Well, as to your question, DUI penalties in Palm Beach, Florida are as follows:

• Fine of $250 to not more than $500;
• Jail time of six months, this may change to nine months if a minor is present at the vehicle at the time of the incident, or the BAC is .20 or higher;
• Vehicle may be impounded for 10 days provided that the family has other means of transportation;
• Operating privileges suspension for 6 months;
• Either community service for 50 hours or opt to pay $10/ hour for community service supposed to be rendered;
• Completion of a DUI program;

Those are pretty serious DUI penalty right? So don’t you even think about getting drunk and hitting the road. As to your second question on how to get cheap DUI insurance, it would be quite a challenge to get one. It’s a fact that DUI insurance rates are astronomical. But you can still get affordable DUI insurance. Here’s how:

• Shop around for DUI insurance, never be contented in getting just the first DUI insurance quote that you got.
• If you are a student, getting good grades could probably give you good student discount.
• Cut on your driving miles to possible get a discount for low driving miles.
• Installing safety devices on your car could also give you affordable DUI insurance
• Improve your driving record and as much as possible maintain a good driving record.

For more information about DUI penalty and DUI insurance, you can also ask your auto insurance agent.

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 cousin was charged with DUI in Palm Beach, Florida. I want to help him as much as I can because we were together when he got arrested. I’m doing online researches regarding defenses can be used in a DUI case. I was also told that a strong odor of alcohol does not really make a person driving under the influence. How true is this and can we used this as a defense?

Hannah

Palm Beach, FL

Yes, it’s true that an alcohol on the breath does not mean that a person is driving under the influence. In some DUI cases in Palm Beach, Florida, this can actually be used as a defense. Police officers always mention that they believe that a person is drunk driving because they smell “a strong odor of alcohol on the suspect’s breath.” But these officers look foolish on cross-examination when he admits that alcohol itself (ethanol) has no odor. It is actually the mixing agent or flavoring that produces the odor we associate with alcohol. A non-alcoholic beer tastes and smells just like beer, but it doesn’t contain alcohol.

Indeed, laboratory studies show that the perceptions of the police officers of how strongly a person’s breath smells of alcohol simply doesn’t correlate with his/her actual blood alcohol level. All that can be assumed from the “odor of alcohol on the breath” is that a DUI suspect probably consumed some alcohol recently. But it actually does not provide evidence that the person drank enough to be driving under the influence or to have a .08 percent BAC or higher.

I’ve been following several DUI cases here in Palm Beach County, Florida since my sister has been a victim of a DUI-related offense. Is it true that a person can also be charged with DUI without actually driving? Are there people who have already been convicted of this kind of a DUI charge?

Dean

Palm Beach, FL

As strange and funny as it may sound, an individual could be charged with DUI in Palm Beach, Florida without actually driving. In the State of Florida, a person can be convicted of DUI if driving or in actual physical control of the vehicle.

Actual physical control arises in a variety of different ways. There have been many DUI cases in Palm Beach County, Florida where the police officer arrives at the scene and discovers that the defendant was asleep behind the wheel, either with the engine running or not. There are also DUI cases where the defendant had passed out while waiting on the traffic light to change. This means that actual physical control is where the individual has the ability to readily exercise control over the vehicle. Examples would include if the driver fell asleep behind the wheel and the car keys are in the ignition or if the driver is lying down asleep in the front seat and the keys are in the ignition.

There are several people reported to have been actually convicted for DUI without actually driving the vehicle during the arrest. Most of them have pulled the car off of the roadway, turned off the automobile and then proceeded to sleep it off and the police officers stumbled upon them. The issue of actual physical control is decided by a jury, not by a judge unless it is a non-jury trial.

This could be the eeriest chapter in my Mom’s life. After partying with her friends she hasn’t seen for so long, she was caught drunk driving and was charged with DUI here in Palm Beach County, Florida. What are the consequences that she is facing now that are associated with her DUI charge?

Luisa

Palm Beach, FL

On a first DUI conviction as stated in the State Attorney’s Office in the 15th Judicial Circuit (Palm Beach County), your mom can be punished by up to 6 months of jail. The offer is normally 12 months of probation and she gets the privilege of paying for her own cost of supervision. She must attend the DUI School that she has to pay also. DUI School for first offense is typically 12 hours long. Her driver’s license will be suspended for a minimum of 6 months and a maximum of 12 months. She can obtain a business permit, though. She would to attend the Victim Impact Panel (VIP). This is run by Mothers Against Drunk Driving (MADD) which lectures on the horrors of drinking and driving. The VIP is two hours long. She would also also have to perform a minimum of 50 hours of community service at a non-profit agency. Vehicle immobilization is for 10 days. She would also have to pay fines and court costs of $500.

Your mom, of course, can reject it and proceed to trial. Most often, the judge would not greatly enhance a sentence for a first time DUI offender who took a chance on trial and lost, but not all judges are the same. Don’t expect the judges to sentence as lightly as the judges in Palm Beach County.