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.

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.

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.

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.