Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Florida DUI Penalties »
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- Laws require DUI suspected drivers to go under through breath, blood, or urine testing for alcohol content is known as “implied consent laws”. Refusal carries penalties, which include mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
In Florida, any driver with blood alcohol content above than 0.08 percent will be measured as “per se intoxicated” under the law. Being convicted for DUI or DWI only this requirement is enough.
Zero Tolerance Blood Alcohol Concentration
All of the states zero tolerance laws mainly focus on drivers not of legal drinking age. Persons under 21 years of age with blood alcohol level of 0.02 percent operating motor vehicle will be subject to DUI penalties.
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Accuracy, Honesty and Rights: Field Sobriety Tests in Florida »
If you’re ever pulled over under suspicion of DUI in Florida, the officer will normally perform a Standardized Field Sobriety Test (SFST) and take a breathalyzer reading.
The SFST is used to estimate the level of intoxication and can provide the cause to arrest. A breathalyzer is used mostly to confirm intoxication.
Sometimes, the breathalyzer may return a negative reading, contradicting the results of a field sobriety test. There have been many cases involving a driver that has been arrested after a SFST and registered a completely legal BAC at the station.
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DUI and Driving With a Suspended License Charges Should Be Taken as Different. »
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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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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