In addition to other drunk driving penalties you might face if you are convicted of drunk driving in Florida, Florida courts will also require you to complete a court-ordered drunk driving course. Completion of the course may allow you to have your driver’s license reinstated, reduce the amount of points added to your driver’s license or lower the drunk driving penalties you might otherwise face.

How long is the Florida Alcohol Education course?

The duration of the alcohol education course will depend on the requirements of your state and the whether the drunk driving offense was minor or severe. For instance, drivers who have been convicted of one drunk driving charge may only have to attend 12 hours of instruction; other offenders with multiple drunk driving charges may be required to attend weeks of class.

For Example, in the state of Florida they offer multiple levels of class instruction. Level I is 12 hours of instruction which educates the drunk driving offender on the effects and consequences of alcohol use, the affects of drinking and driving, the definition of drunk driving, the role of Florida law enforcement, the judiciary and the role of the Florida Department of Public Safety.

Level II classes include 21 hours of instruction. This level of instruction is geared more toward the multiple drunk driving offender who has already completed the alcohol and level I alcohol education course. The level II class focuses on specific issues of the drunk driving repeat offender.

Evaluation of the drunk driving offender

A drug and alcohol evaluation is also done as part of the Florida alcohol and education program. An evaluation will determine if you have a drug or alcohol abuse problem. For the evaluation the evaluator will use proven techniques to collect, analyze and interpret data provided by you, the client. After interpreting the data the evaluator may determine that you have additional needs for alcohol addiction treatment or counseling.

Costs of Florida Alcohol Education Classes

As mentioned above, state laws vary, classes vary and costs also will vary. In Florida the cost is $245 for the level I class (this includes the $15.00 state assessment fee, $5.00 testing fee, $9.00 online transaction fee and $14.00 Florida driving record).

Level II classes are $385.00 (this includes the $15.00 state assessment fee, $5.00 testing fee, $9.00 online transaction fee and $14.00 Florida driving record).

In Florida the classes are offered during the day, weekends and evenings. They are offered in Spanish and in English.

After you have completed the alcohol education course they will issue you a certificate of completion. Keep in mind, you should enroll in a class close to where you live, work or attend school.

 Can I pay for my Alcohol Education Courses in installment payments?

As mentioned above, the fees vary based on the level of the course. Some companies offering these education programs may be willing to either accept installment payments or offer reduced prices for very low income participants.

Hiring a Florida Drunk Driving Lawyer

If you have been arrested for drunk driving in Florida this is a very serious charge. Penalties are severe and can include a suspended license, mandatory alcohol education, fines, jail time and mandatory installation of an ignition interlock device. Contact a DUI lawyer for more information

Related articles

• Florida hardship License after DUI (duiattorneyhome.com)
• Drunk Driving in Texas and Commercial Driver’s License Penalties (duiattorneyhome.com)

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When you are stopped for a Florida DUI and the police officer suspects that you may be impaired, he will ask you to submit to a chemical test.

There are three possible chemical tests to find out your BAC (blood alcohol concentration) levels: blood, breath and urine test. In many cases, you will be asked to blow into a portable breath machine called a ‘breathalyzer’ or ‘Intoxilyzer.’

Do you have to submit to a chemical test in Florida? No, you can refuse to submit to a chemical test just like you can refuse to perform a field sobriety test. There is, however, a penalty under the law for refusing to submit to a chemical test and there is not one for refusing to perform a Field Sobriety Test.

Florida’s Implied Consent Law

Florida’s implied consent laws state that any individual who accepts the privilege of driving a vehicle within the state has given his consent to submit to a chemical test. You demonstrated this consent when you signed for your driver’s license.

Also, if you are involved in a DUI accident that caused serious injury or death, Florida law says that police can use reasonable force, if necessary, to draw blood for a sample to determine your BAC.

In Florida, like most other states, if you are arrested for a DUI, you will be asked to submit to a chemical test so police can determine the amount of alcohol in your system. In most instances, you will not be able to choose which BAC test you take.

You may be asked to take two different chemical tests. For example, if your breath test comes back with a low BAC, but you have other behaviors of impairment, the officer may ask for a blood or urine test, suspecting that you may be under the influence of drugs.

Refusal of a BAC test in Florida

Refusing to submit to a breath test after a Florida DUI stop usually involves the officer presenting the test to the driver and the driver declines the request. However, there are other ways to refuse:

* If you agree to take the breath test and complete it the first time but fail to complete the second test within 15 minutes
* If you begin the breath test but fail to blow enough air into the device to register a result
* If you do not answer the officer when he asks if you will submit to a Florida DUI breath test
* If you become confrontational, belligerent and aggressive with the police officer

Many Florida counties now require a person arrested for a Florida DUI who refused to take a chemical test be video recorded listening to the officer reading the implied consent warnings to the driver.

Penalties for a Florida DUI

If you are lawfully arrested for a DUI in Florida and refuse a chemical test, you will be subject to a mandatory license suspension. Also, if you have more than one refusal, you could be charged with a criminal misdemeanor. The penalties are:

* First Offense: License suspension for 1 year
* Second and Ensuing Offenses: License suspension for 18 months and possible first degree misdemeanor charges

These penalties are in addition to the penalties for a typical DUI.

DUI charges are serious and carry hard-hitting penalties if you are convicted. If you refused a BAC when you were arrested for a Florida DUI, you should contact an experienced DUI attorney in your area who can help you determine your best course of action.

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What should drivers do in the driving under the influence (DUI) arrest? Do you have to take breathalyzer or other sobriety tests? Who should you hire for Florida DUI defense?

Drinking and driving is punished across all 50 states. It’s a problem. Recent studies have pointed out that nationwide drinking and driving is a leading killer. Because of that, DUI penalties are very severe. You typically get your license suspended, pay fines, and face a jail sentence. If you get multiple charges for drinking and driving, whether you think you’re innocent or not you will face severe penalties.

So what happens if you do get pulled over? It would be incorrect to say both you can drink some and drive or you’ll always be over the limit when drinking and driving. The state blood alcoholic content (BAC) level for Florida is .08%, the same as all 50 states. Just because you drink does not mean you are over the limit. But as there is no safe way to know, it’s very wise never to mix alcohol and driving.

Now let’s go over some tips on how to handle the defense if you do get pulled over.

The Breathalyzer Test
Florida law allows you to refuse the breathalyzer test given to check BAC, but if you do refuse it you face very stiff penalties, sometimes worse than the DUI charge itself. In other words, you can refuse, but you will still be prosecuted. There are some things you don’t have to do, but most experienced Florida DUI lawyers will tell you to take the breath test.

Answering Questions
Some start explaining how the day went bad, some freely admit to the number of drinks they had, others start crying, and others simply explain too much. It’s wise to keep the details to yourself and let the officer ask his or her questions, but to refuse  to say anything which might be used against you later in a court of law. If you’re unsure, don’t answer any questions pertaining to drinking.

No Need to Take Sobriety Tests
This may be surprising, but Florida DUI law states it pretty clearly: there is no law in the books which says you need to stand on one leg for 30 seconds, count backwards, or say the alphabet in reverse. In fact, all these sobriety tests are optional. You can refuse them and will be breaking no law. Make sure you differentiate between the breathalyzer and the sobriety test: the breathalyzer you have to take or face charges, the sobriety test you don’t.

How to Handle Officers
As stated earlier, getting violent or starting to cry will never work in your favor. You should definitely never get physical with the officer. You also don’t beg the officer to let you go, or explain how it will ruin your life. Be polite, be clear on what you will and won’t say, and don’t do anything you feel you don’t have to.

How to Hire a Florida DUI Attorney
These tips so far have focused on how to help yourself in the court room before you even reach it. Why? The laws pertain to what you did, what you said, what you drank, and how you acted. Defending DUI includes all these things. The final tip would be to get the right counsel from an experienced Florida DUI attorney. If you follow the other 4 tips, he or she can fight can defend you with confidence.

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There is no definitive difference between the actual terms of DUI (driving under the influence) and DWI (driving while intoxicated). It’s technically used in the same way in all 50 states, notably with the blood alcohol level of 0.08%. States use these terms in different laws but with the same effect. The 0.08 level is across all 50 states, and states also have laws apply to driving while using any drug along with alcohol. You could have had one glass of wine, but also been on painkillers, and technically even if you’re not over the blood alcohol level, you can be considered driving under the influence.

So there is no clear difference between DUI and DWI, other than the terminology used in different states. Some states use DUI, others DWI, while still others use OUI (operating under the influence).

The major point here is that all 50 states are actively looking to penalize people who drive under the influence.

How does DUI work exactly?

Drunk Driving Laws

As stated, in all 50 states, the blood alcohol level limit of over 0.08 is the same. If you have 0.08 or higher, you can be arrested under the DUI laws of every state. Since state laws can be used to call any drinking to be driving under the influence, some steps are followed to make the case for a drunk driving arrest.

-The person drove the vehicle
-This person’s ability to drive safely was affected by alcohol, drugs, or a combination of both

As you can see, if you’ve shown that you might be driving under the influence even without a high enough blood alcohol level, you can and will often be arrested for a DUI.

There are many ways of using these laws, making it important to have qualified legal representation, a DUI attorney, to plead your case. It happens to many, but this is because almost a third of all driving related deaths are in some way effected by alcohol. That’s why states are even more active in punishing DUI and DWI offenders.

How Do You Defend a DUI or DWI?

The basic laws are the same, but how they are used depends on the courts. For example, if someone was hurt while you were driving, it might be considered a felony rather than a misdemeanor, a much more serious crime. First drunk driving offenses are typically misdemeanors, but if someone was hurt you may be in trouble. Since DUIs can make you lose your license, face fines, and sometimes even go to jail, a professional DUI attorney can help you out of this situation.

How Do You Choose a DUI or DWI Attorney?

You always want someone with experience in this, and many DUI attorneys do. However, some can handle your case better than others, as some attorneys can help you out of possible jail time. In choosing a DUI attorney, you want one familiar with the state laws. You should never attempt to handle a DUI or DWI case by yourself and without a DUI attorney.

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In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.

On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”

At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”

Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.

Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.

Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.

So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.

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Summer fun is in the air in sunny Sarasota.  Residents are enjoying the warm weather and the longer days with boating and beach parties.  But if you mix drinking and driving, you may find your summer fun coming to a quick end.  If you have been arrested for a drunk driving offense in the Sarasota/Bradenton area, you need to take quick action to ensure that your driving privileges are protected.

Drunk driving is a serious offense in the state of Florida and the penalties for it can have a devastating impact on both your life and the lives of your family members.  Additionally, the laws related to DUI offenses are complicated and constantly changing.  You need a qualified legal professional to guide you through this complex process. It is important that you look for an attorney who specializes in DUI to ensure that they are the most knowledgeable regarding the current legislation related to DUI.

There are actually two separate legal cases related to a DUI in Florida.  The first is the administrative license suspension.  This is a separate case that relates only to your driver’s license.  At the time of your arrest, your driver’s license was automatically suspended for between 6 month and 1 year.  The duration of this suspension will depend on your driving record and the unique circumstances of your case.  The second case that is pending against you if you have been arrested for DUI is a criminal case.  This case is based on the results of the chemical test taken to determine your blood alcohol content at the time of your arrest.  The chemical test measures the amount of alcohol in your bloodstream based on a sample of your breath or blood.  The legal limit for intoxication in the state of Florida is .08% or greater.  You have the right to refuse the chemical test, but your license may still be suspended and there will still be a DUI case filed against you.

Penalties for a DUI conviction include fines, required alcohol treatment, community service, vehicle impoundment, and potentially jail time.  These penalties will increase in severity with each subsequent DUI conviction.  The fine associated with a first time DUI conviction with no extenuating circumstances is $500, but if the DUI conviction is a second or greater DUI offense the fine will increase up to $5000.  More severe penalties will also be assessed if there was a child under 18 in the car at the time of the arrest or if the driver had a BAC of .15 or greater.

As you can see, a DUI conviction can have a life-changing effect.  These cases should not be taken lightly.  To ensure that every effort is made in your DUI case, you should seek the professional counsel of an experience DUI lawyer without delay.

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Summer fun is in the air in sunny Sarasota.  Residents are enjoying the warm weather and the longer days with boating and beach parties.  But if you mix drinking and driving, you may find your summer fun coming to a quick end.  If you have been arrested for a drunk driving offense in the Sarasota/Bradenton area, you need to take quick action to ensure that your driving privileges are protected.

Drunk driving is a serious offense in the state of Florida and the penalties for it can have a devastating impact on both your life and the lives of your family members.  Additionally, the laws related to DUI offenses are complicated and constantly changing.  You need a qualified legal professional to guide you through this complex process. It is important that you look for an attorney who specializes in DUI to ensure that they are the most knowledgeable regarding the current legislation related to DUI.

There are actually two separate legal cases related to a DUI in Florida.  The first is the administrative license suspension.  This is a separate case that relates only to your driver’s license.  At the time of your arrest, your driver’s license was automatically suspended for between 6 month and 1 year.  The duration of this suspension will depend on your driving record and the unique circumstances of your case.  The second case that is pending against you if you have been arrested for DUI is a criminal case.  This case is based on the results of the chemical test taken to determine your blood alcohol content at the time of your arrest.  The chemical test measures the amount of alcohol in your bloodstream based on a sample of your breath or blood.  The legal limit for intoxication in the state of Florida is .08% or greater.  You have the right to refuse the chemical test, but your license may still be suspended and there will still be a DUI case filed against you.

Penalties for a DUI conviction include fines, required alcohol treatment, community service, vehicle impoundment, and potentially jail time.  These penalties will increase in severity with each subsequent DUI conviction.  The fine associated with a first time DUI conviction with no extenuating circumstances is $500, but if the DUI conviction is a second or greater DUI offense the fine will increase up to $5000.  More severe penalties will also be assessed if there was a child under 18 in the car at the time of the arrest or if the driver had a BAC of .15 or greater.

As you can see, a DUI conviction can have a life-changing effect.  These cases should not be taken lightly.  To ensure that every effort is made in your DUI case, you should seek the professional counsel of an experience DUI lawyer without delay.

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Miami may be America’s Cleanest City according to Forbes magazine, but one area that is still being cleaned up is removing drunk drivers from the streets.

Drunk driving is a serious offense in the state of Florida and its penalties can have a dramatic effect on the life of the driver as well as that of their family.  If you have been arrested for DUI in the Miami area, it is important that you make every effort to provide a speedy response in order to preserve your driving privileges.

The laws and regulations governing driver’s license suspensions in a Florida DUI case are complicated.  Your best response is to contact an experienced Florida DUI attorney to review your case and recommend the best course of action for your unique situation.

When you were arrested on a DUI charge, your license was automatically suspended.  This suspension will last between 6 months to 1 year depending on whether this is a first or subsequent DUI offense.  You will have 10 days following your DUI arrest in which to appeal the suspension of your license.  Do not delay in filing this motion or you will lose your right to appeal completely.

The suspension of your license is referred to as the administrative license suspension and is only one of two cases that are pending against you following your DWI arrest.

The other is the actual criminal case.  The DUI charge is based on either the driver’s failure of a chemical test or their refusal to submit to one.  A chemical test may be a breath or blood sample to determine the driver’s blood alcohol content (BAC).  The legal limit for intoxication in Florida is .08% or more.

There are a variety of penalties for DUI in Florida, including fines, community service, vehicle impoundment, mandatory alcohol treatment programs, and even jail time. The consequences assigned will depend on the driver’s record and the details of the arrest.  The penalties will be more severe if the driver has prior DUI convictions, had a BAC significantly higher than the legal limit, or if the driver had a child in the car with them at the time of their arrest.

Take action in your DUI case today by discussing your case with a qualified DUI lawyer.  It is the only way to protect your driving privileges.

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