Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI and Driving With a Suspended License Charges Should Be Taken as Different. »
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- It common for a driver to be caught while driving under the influence (DUI) of drugs or alcohol (generally described as DWI, DUI or drunk driving) and at the same time driving while having suspended license or recently reissued license, or DWLS, in Florida. In such cases the lawyer will have to file two charges in the information, one for driving with suspended license (DWLS) and one for DUI. Both of these charges are served in separate while defendant take these to court for trial. It also mean that the jury that take trial for DUI case will not hear the case or judge the case related to the driving with a suspended license (DWLS). For each case jury will be different for hearing.
It is because of the reason that charges of one case are different with the other. As the evidence related to driver suspended license, such as his driving history, have not concern with evidence related to DUI.
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Common DWI or DUI Penalties »
If you are caught for a DUI, you will definitely face some penalties. The penalties for DUI are different in different states. In some states, even a first time mistake can take you to the jail for some time along with the loss of license and a fine. In other states the felony DUI charges can be held for 3 to 5 years in state prison and can be extended if injury is involved. The underage drinkers are charged harsher penalties and that for people are charged when they are with minor passenger, some charges are handed down.
Overall, the penalties for DUI may include imprisonment, fines, probations and alcohol programs like a stay in rehabilitation centre, and more over Alcoholics and Narcotics Anonymous etc. For any of the DUI charges you definitely had to have skilled attorney, especially in chances where you may be dragged to jail.
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Police Officer Must Take Care in Taking Breath Test to Avoid Driver’s License Suspension overturned »
During the investigation, the officer takes the breath test of the driver who is charged for the DUI case. The officer conducts the breath test of the driver, when the driver submits the test there are certain rules that officer must follow. When the driver is accused due to alcohol reason in Florida, the Department of Highway Safety and Vehicles directly suspends the driver’s license.
Any how the driver has the right to defense for DMV license suspension by a formal hearing in which the lawyer raises voice favoring the driver on the legal points like the stop of the driver was legal, the reason to arrest the driver was correct and that the breath test was valid. These are the points on which the lawyer speaks on behalf of the driver.
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Approach a Lawyer Quickly in a DUI Arrest »
REQUEST TO TALK TO A LAWYER AS SOON AS POSSIBLE! It’s your right to talk to a lawyer, and to get a lawyer there during interrogation. If you can’t afford an attorney, one will be provided to you.”
If you’re held and taken into detention on DUI – Drunk Driving accusations by San Diego police, your right to talk to an attorney won’t be given until AFTER you present yourself to the required chemical examines performed at the Police Station or any medical facility where you have been transferred. Failure to put forward to a blood or breath alcohol examination, or “chemical test refusal”, once in detention, will impose penalty of an automatic forfeiture which means suspension of your driving license as stated by California’s “implied consent” laws.
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DUI Checks, Asking Reasons is Your Right »
You have the right to argue if there is not any reasonable or serious ground for police checks
Your activities must justify strong reason for suspicion of DUI on road. In a California DUI, the detaining police officer requires to describe and confirm major observations or grounds to take out you over for DUI. 
When evidencing in California DUI Jury Trials, San Diego police officers normally tell they noticed the DUI -DWI suspect racing, driving too tardily, doing dangerous or fickle lane shifts and unlawful or excessively big turns, sharp and jerking breaks, lurching, tailgating, driving the wrong path like opposite on one way streets or in opposing traffic lanes, cutting, lane straddling, and making narrow escapes to serious accidents or any other road risk which can probably cause for the traffic stop.
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FAQs about San Diego Drunk Driving »
When San Diego police arrested me for DUI, they took over my driving license. How can I have it back?
In normal cases, an expert San Diego DUI attorney can help you in showing to DMV Officials there was no solid ground for your license suspension or annulment, and it can be returned to you. If you don’t call for an “admin per se” hearing with the DMV within 10 days after your drunk driving arrest, the DMV will give back your driving license at the ending of the suspension term ( i.e. four months if this is your first case), provided you give a 125-USD which is a re-issuance fee and show insurance documents. The reissue fee is 100-USD if you were under 21 when you got arrested for DUI according too San Diego’s Zero Tolerance Law for driving under the influence.
What is the difference between the DMV driving license suspension or cancellation for DUI arrest and the driving license suspension or cancellation brought down by the judge of criminal court during hearing?
The DMV driving license suspension or cancellation received at a DUI arrest is an administrative and civil thing whereas the suspension or cancellation as a result of a conviction in criminal court becomes a criminal penalty.
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Find the Best Qualified DUI Attorney »
It’s a Saturday night and you have been gone out with a few friends for celebrating your recent promotion at work. While you are driving towards your home on your way an officer stops you, the reason given by him for the stop is that he has seen that you were swerving and that there was a strong smell of alcohol on your breath.
He asks you that if you have been drinking tonight, and you replied in positive saying that yes you have been drinking. You have also submitted to a roadside sobriety test and then you get arrested for DUI or driving under the influence of alcohol.
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