brxm1517-86kgac5c94u1vl5j-redesign-v1Drugged driving charges in Jacksonville, Florida2020-11-26T18:20:34Z2020-11-26T18:20:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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When people hear the charge of Driving Under the Influence, they typically think of driving under the influence of alcohol. However, under Florida law, a person can also be charged with a DUI for being under the influence of a controlled substance, even prescription drugs that are provided to them under their name by their own doctor.
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What To Expect In Jacksonville For A DUI Charge
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In
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Jacksonville
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, if someone is stopped for a DUI, they will typically deal with an officer from the Jacksonville Sheriff’s Office or the Florida Highway Patrol. The case will most likely be prosecuted by the Florida State Attorney’s Office and will be heard by the Duval County Courts.
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Penalties associated with a DUI charge include imprisonment, fines, impoundment of the vehicle driven, revocation of a driver’s license, and community service.
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In Florida, the officer will most likely conduct field sobriety testing and request a breathalyzer test. One may refuse to submit to the chemical breath test, but refusal may result in driver’s license suspension.
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Drugged Driving In Florida
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DUI charges can occur due to the driver consuming alcohol or driving under the influence of a controlled substance, such as marijuana, or driving under the influence of over-the-counter medication or prescription drugs. Driving while influenced by any drug can result in the same
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Many prescription drugs cause drowsiness and can impair a person’s ability to drive safely. The difference between a DUI for driving under the influence alcohol and a DUI due to medication is that there is no legal limit for the amount of drugs in one’s body, whereas the legal limit for driving under the influence of alcohol is .08%. This means that any amount of a controlled substance or a prescription medication can result in a DUI charge.
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DUI charges can be successfully challenged in court by an
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experienced defense attorney
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who has dealt with numerous types of DUI cases. Consulting an attorney as soon as possible when dealing with a DUI charge can help one to reduce and often eliminate legal consequences.
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</div>When people hear the charge of Driving Under the Influence, they typically think of driving under the influence of alcohol. However, under Florida law, a personCan mouthwash trigger an ignition interlock device?2020-11-08T18:27:48Z2020-11-08T18:27:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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If you have been convicted of DUI in Florida, the court may order you to have an
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(IID) installed on your vehicle. Depending on the charge, a IID might be mandatory. IIDs may also necessary if you want your driver’s license reinstated.
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IIDs are similar to a Breathalyzer. You blow into a tub, and if there is even a nominal amount of alcohol (a BAC of 0.025) on your breath, the IID prevents your car from starting. An IID may also require you to submit to a rolling retest, where you blow into the device while the vehicle is operational. However, it may come as a surprise just how sensitive an IID can be.
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Could My IID Be Triggered If I Am Completely Sober?
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It is possible for an
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, preventing the car from starting, even if you have not consumed a beer, glass of wine or spirits. For example, if you use mouthwash that has alcohol in it, the IID may detect the alcohol, and stop your car from starting. If so, you will need to rinse your mouth with water and try again five minutes later. If you pass the second test, the IID will deem the initial test to have detected latent alcohol.
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What Happens If I Do Not Pass The Retest?
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If you do not retest or do not pass the retest, this will be counted as a violation against you. If you receive a violation letter, you have 10 days within the date on the letter to make an appointment with a licensed DUI program, which will go over the use of the IID with you and talk to you about the circumstances surrounding your violation.
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IIDs Can Seriously Impact Your Life
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Having an IID installed on your vehicle can seriously impact your life. These instruments are very sensitive and could stop you from driving even if you are not intoxicated. Being unable to drive can make it difficult to get to work, get to appointments, driving your family somewhere and run errands. These are all consequences that could majorly impact your well-being. If you are facing DUI charges in the Jacksonville area, you will want to develop a strong defense strategy that will lead to a reduction in charges or the charges being dropped entirely.
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</div>If you have been convicted of DUI in Florida, the court may order you to have an ignition interlock device (IID) installed on your vehicle. Depending on theUnpacking the consequences of an out-of-state DUI2020-10-27T18:31:39Z2020-10-27T18:31:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Residents from all over the nation travel to Florida. While many will enter the state through air travel, many will still operate a motor vehicle in the state. Just like their home state enforces traffic laws, so does the state of Florida. Thus, if a motorist is suspected to be driving under the influence, he or she could face a
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DUI
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charge. Even when a motorist is from another state, an out-of-state driver could endure the consequences of a DUI in Florida.
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Out-Of-State DUI
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Drunk driving charges exist in all states; however, each states charge the offense differently. This means that the penalties associated with a DUI charge could differ from their home state. Additionally, those convicted of an out-of-state DUI could face penalties in the state where the offense occurred as well as the state that they reside in. in other words,
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out-of-state DUI
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offenders are often subjected to different punishment when compared to those in state committing the same offense.
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Penalties
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In some cases, a motorist could face double punishment. This means that the state of Florida will impose their penalties for the offense and the motorist’s home state will impose penalties in accordance with their laws. When one is not a resident of Florida and is pulled over for a DUI, his or her information will be sent back to his or her local police. It is up to them to impose punishment in accordance with their state laws. Thus, where a DUI occurs and where the accused driver resides matters when penalties are imposed.
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Whenever a motorist is stopped by law enforcement, he or she has rights at every step of the traffic stop. Thus, it is important to not only unpack what occurred at the DUI traffic stop but also what consequences could result. This assists the motorist with their exploration of defense options when it comes to protecting their rights. This could ultimately help one reduce the charges, avoid harsh penalties and even clear their name.
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</div>Residents from all over the nation travel to Florida. While many will enter the state through air travel, many will still operate a motor vehicle in the state.Driving while high in Florida? Expect a DUI2020-10-11T18:34:38Z2020-10-11T18:34:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Drug use is a controversial issue, but in the end drugged driving in Florida can be just as dangerous as drunk driving, and people in the Jacksonville can face significant penalties if they receive a
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DUI involving drugs
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. The following is an overview of how drug use affects driving, and the penalties for a DUI involving drugs.
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Why Is Drugged Driving So Dangerous?
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Let’s take marijuana use as an example. If a person drives while high on marijuana, their reaction time may be slowed, and their short-term memory may be affected. They may have problems concentrating, along with problems with their hand-eye coordination. They may find it harder to perceive time and distance.
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It is important to note that the effects of marijuana use is different for every person, so there is no “legal limit” like there is for alcohol. Also, marijuana can remain in a person’s system affecting them for a greater length of time than alcohol.
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What Are The Penalties For A DUI Based On Drug Use?
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A person who receives a DUI based on drug use can face the same penalties as a person who receives a DUI based on alcohol use. These penalties include stiff fines, the loss of your driver’s license and jail time. In addition, a DUI based on drug use can stay on your criminal record for as many as 75 years.
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Driving High Is Illegal In Florida
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Ultimately, it is important to understand that police in Florida will take drugged driving every bit as seriously as drunk driving. It is not good to assume that you are safe to drive while high. Those who are facing a DUI based on drug use will want to take all the steps necessary to develop a solid defense strategy that will reduce the charges against them or have the charges dropped altogether.
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</div>Drug use is a controversial issue, but in the end drugged driving in Florida can be just as dangerous as drunk driving, and people in the Jacksonville can faceAvoiding a DUI After a College Football or NFL Party2020-09-27T18:38:03Z2020-09-27T18:38:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Getting together with friends and family to watch the big game, be it college or NFL, is a great way to spend an evening, especially if your team wins. Good food, drinks, and fun people can lead to a really great time. It can also lead to a DUI if you choose to drive after drinking alcoholic beverages.
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There a several ways to avoid a DUI:
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Have a designated driver. This person cannot have any alcohol, not even a drink at the beginning of the party. There is no guarantee that this person will be sober enough to drive when you are ready to leave.
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Call a cab or a car service. Taking a cab or car service to the party and home afterward ensures that you do not drive.
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Stay the night if possible. If the party is at the home of a family member or friend inquire about possibly staying the night to avoid driving.
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Make it a virgin. Enjoy your favorite drinks without the alcohol and also try non-alcoholic beer.
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Be responsible. Know your limit and stick to it. Ultimately, you are the one that has to deal with the consequences of a DUI.
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It is very important to have a plan in place. Do not rely on the get sober fast gimmicks. They do not work nor guarantee that you will pass a sobriety test. Florida’s statute on DUI states that you are guilty of drunk driving if your blood alcohol level is .08% or higher. Even if you stop drinking early and have plenty to eat you still risk having a blood alcohol level that can lead to a DUI charge. Remember, just because you have a blood alcohol level below .08% does not mean you are good to go. An officer can still find you incapable of driving and charge you with a DUI.
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So have a plan when you leave home to avoid a DUI and if you find yourself in a situation where you might be facing charges of driving under the influence, the attorneys at Epstein and Robbins have extensive experience obtaining the best possible outcome for their clients. Reach out to us now. We can help!
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As part of the privilege of driving in Florida, all motorists implicitly agree to submit to a breath test if asked to by police after lawfully being pulled over on suspicion of drunk driving. However, officers must have reasonable cause that the motorist was driving under the influence of alcohol when asking the motorist to submit to a breath test.
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</div>Getting together with friends and family to watch the big game, be it college or NFL, is a great way to spend an evening, especially if your team wins. GoodUnderstanding Florida BUI (Boating Under the Influence) Penalties2020-09-27T18:36:52Z2020-09-27T18:36:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Getting together with friends and family to watch the big game, be it college or NFL, is a great way to spend an evening, especially if your team wins. Good food, drinks, and fun people can lead to a really great time. It can also lead to a DUI if you choose to drive after drinking alcoholic beverages.
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Penalties for Boating Under the Influence
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There a several ways to avoid a DUI:
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Have a designated driver. This person cannot have any alcohol, not even a drink at the beginning of the party. There is no guarantee that this person will be sober enough to drive when you are ready to leave.
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Call a cab or a car service. Taking a cab or car service to the party and home afterward ensures that you do not drive.
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Stay the night if possible. If the party is at the home of a family member or friend inquire about possibly staying the night to avoid driving.
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Make it a virgin. Enjoy your favorite drinks without the alcohol and also try non-alcoholic beer.
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Be responsible. Know your limit and stick to it. Ultimately, you are the one that has to deal with the consequences of a DUI.
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It is very important to have a plan in place. Do not rely on the get sober fast gimmicks. They do not work nor guarantee that you will pass a sobriety test. Florida’s statute on DUI states that you are guilty of drunk driving if your blood alcohol level is .08% or higher. Even if you stop drinking early and have plenty to eat you still risk having a blood alcohol level that can lead to a DUI charge. Remember, just because you have a blood alcohol level below .08% does not mean you are good to go. An officer can still find you incapable of driving and charge you with a DUI.
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So have a plan when you leave home to avoid a DUI and if you find yourself in a situation where you might be facing charges of driving under the influence, the attorneys at Epstein and Robbins have extensive experience obtaining the best possible outcome for their clients. Reach out to us now. We can help!
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</div>What qualifies a person to be placed under arrest for a (BUI)in Florida? That is easy, Florida takes a no-nonsense approach. You will hear familiar acronymsThink carefully before refusing to submit to a breath test2020-09-23T18:42:58Z2020-09-23T18:42:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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You may have had a drink or two at a restaurant or a friend’s house and are driving home when suddenly you find yourself pulled over by police and being asked to submit to a breath test. You may think this is unfair, especially if you believe you are sober or are worried about getting a DUI. At times like this, it may be tempting to refuse to submit to the breath test. However, doing so has consequences. This is because of Florida’s “
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What Does “Implied Consent” Mean?
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As part of the privilege of driving in Florida, all motorists implicitly agree to submit to a breath test if asked to by police after lawfully being pulled over on suspicion of drunk driving. However, officers must have reasonable cause that the motorist was driving under the influence of alcohol when asking the motorist to submit to a breath test.
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What Happens If I Refuse A Breath Test?
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Refusing to submit to a breath test when lawfully asked to do so has consequences. A breath test refusal can result in having your driver’s license suspended for one year if it is your first refusal. If it is a subsequent refusal, this suspension period rises to 18 months. In addition, a breath test refusal can be admitted as evidence in any criminal proceeding regarding the alleged DUI.
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Standing Up To Prosecutors
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A lot of prosecutors tend to think of DUI cases as easy because they can often bully accused individuals into a plea deal. While a plea deal might be right in some circumstances, you should only consider it after you’ve assessed whether you can obtain dismissed charges or an acquittal. An experienced criminal defense attorney will know how to assist you in building the best case possible based on the circumstances at hand.
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Think Carefully Before Refusing A Breath Test
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Those in the Jacksonville area who are pulled over on suspicion of DUI will want to think carefully before deciding to refuse a breath test. While there may be some benefit to it under certain circumstances, there are serious consequences that follow a refusal, even if the breath test would have indicated that your blood-alcohol concentration was below the legal limit. This post does not contain legal advice, so those who want to learn more about implied consent laws in Florida will want to seek professional counsel.
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</div>You may have had a drink or two at a restaurant or a friend's house and are driving home when suddenly you find yourself pulled over by police and being askedDon’t be afraid to challenge field sobriety test results2020-09-13T18:46:32Z2020-09-13T18:46:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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If you’ve been accused of drunk driving, then you’re probably worried about the legal challenges ahead of you. There’s nothing wrong with being concerned given the stakes involved. The best way to alleviate your concerns is to be prepared with the best DUI defense possible. This might include attacking the results of field sobriety tests, especially if that’s the only evidence the prosecution has against you.
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Know The Weaknesses Of Field Sobriety Tests
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There are
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acceptable standards
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with which field sobriety tests should be conducted, but officers often fail to adhere to these standards. This can result in inaccurate test results and wrongful accusations of criminal wrongdoing. So the best way to spot weaknesses is in police officer error.
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The Walk-And-Turn Test
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Take, for example, the walk-and-turn test. This field sobriety test involves walking a given number of steps in heel-to-toe fashion along a straight line with your arms outstretched. Once you take the requisite number of steps, you are instructed to pivot and return in a similar fashion. Officers look for wobbling, swaying, and an inability to follow instructions, considering each a sign of intoxication.
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<p>
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Yet, officers often make mistakes in administering this test. They can give incomplete or confusing instructions, and they can fail to take outside factors into account that may alter the results of a field sobriety test. An existing medical condition, your shoes, and uneven ground can each affect the outcome of the walk-and-turn test.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Standing Up To Prosecutors
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
A lot of prosecutors tend to think of DUI cases as easy because they can often bully accused individuals into a plea deal. While a plea deal might be right in some circumstances, you should only consider it after you’ve assessed whether you can obtain dismissed charges or an acquittal. An experienced criminal defense attorney will know how to assist you in building the best case possible based on the circumstances at hand.
<span>
</span>
</span>
</p>
</div>If you've been accused of drunk driving, then you're probably worried about the legal challenges ahead of you. There's nothing wrong with being concerned givenCan An Underage Driver Drive Someone Home After They Drank Too Much?2020-08-30T19:01:31Z2020-08-30T19:01:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
One effective way to prevent someone from driving while inebriated is to have another driver transport the drunk person. However, what happens when the only person nearly and available is under-age?
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Rules And Regulations Matter
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
The laws are strict when it comes to under-age drivers:
</span>
</p>
<p>
<br/>
</p>
<ul>
<li>
<span style="display: initial;">
Section 322.091 allows for the suspension of an under-aged driver’s license for non-compliance with school attendance. Under-aged drivers who keep missing school to transport drunk adults could get their licenses revoked.
</span>
</li>
<li>
<span style="display: initial;">
Section 322.2616, Florida Statutes states that it is illegal for a driver under 21 years old to have a BAC of .02. This typically would not be a problem for a sober under-aged driver, but driving with a drunk adult could raise suspicion from police, and the under-aged driver could lose their license if they refuse to take a breathalyzer test.
</span>
</li>
<li>
<span style="display: initial;">
Section 322.16(2) restricts when a driver under 17 years old can drive at night. A driver that is under 17 years old cannot drive between 11 pm and 6 am without being accompanied by an adult that is both licensed and 21 years or older. Florida police have as much just cause to pull over an under-aged driver as they do with an erratically-driving adult. Yes, there is an exception for traveling to and from work, but the police won’t know that until after they pull the teenager over and see his drunken companion.
</span>
</li>
<li>
<span style="display: initial;">
Section 322.16(3) restricts when a 17-year-old driver can drive at night. The rule is similar, though the time range is 1 am and 5 am.
</span>
</li>
</ul>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There is one more issue with this scenario: just because something is legal doesn’t automatically make it just. Yes, drunk people should not take the wheel under any circumstances, and preventing a DUI is far preferable to responding to one. However, subjecting a young teenager to an adult’s inebriated behavior can be traumatic to the young driver in question.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
When In Doubt, Consult An Expert
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The laws governing DUIs can be complex. The best course of action for those who have been arrested for a DUI – or wish to have a consultation on how to prevent DUIs – is to contact a legal firm with extensive experience in
</span>
</span>
<a href="https://www.flduidefense.com/felony-dui/dui-accidents/" style="display: initial; font-weight: bold;" target="_blank">
DUI defense
</a>
<span style="display: initial;">
.
</span>
</p>
</div>One effective way to prevent someone from driving while inebriated is to have another driver transport the drunk person. However, what happens when the onlyShould You Try and Expunge Your DUI Record?2020-08-29T18:53:59Z2020-08-29T18:53:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Florida laws allow easy access to peoples’ criminal records. This can cause problems for those seeking good jobs and decent residences. Even a minor offense or a decades-old crime could be a disqualifying factor. (One example is with HIPAA laws that prohibit convicted felons from holding certain jobs pertaining to PII – Personally Identifiable Information.) Expunging one’s records is one possible solution to this problem. Sealing one’s records is another legal method for handling a criminal record.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Understanding DUI Records
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
Florida has a list of crimes that cannot be expunged or sealed. DUIs are on the do-not-dismiss list. People who have been found guilty or plead no-contest – in any state – to a DUI cannot get their records expunged or sealed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Raising the bar higher is the fact that anyone who has been found guilty or plead no-contest to any crime cannot get their record expunged unless all of the associated records have been sealed for at least ten years.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, people who were arrested and not convicted have a chance at expunging their arrest records. The applicant must file for a Certificate of Eligibility with the Florida Department of Law Enforcement, which – if granted – will be valid for about six months. If that succeeds, the applicant must contact the court where the charges were filed and request a hearing, filling out additional paperwork and forms in the process. Later, the applicant will have an appointed day in court where a judge will determine whether to grant or deny the application.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Sealing DUI records is a possibility for those whose DUI trials ended with a dismissal, a lesser charge, or an acquittal. The process is similar to what is described above. A sealed record will still technically “exist,” while there is no legal trace of an expunged record. However, sealed records cannot act as legal barriers to employment or housing.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Call Us To Find Out Your Options
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Laws in Florida are constantly changing. And seeking the counsel of a lawyer is preferable to attempting to navigate the laws governing expunging and sealing records. Those who want to remove their DUI records are compelled to have annual consultations with lawyers with extensive DUI defense experience.
</span>
</span>
<a href="/reach-us" style="display: initial; font-weight: bold;">
Call our office today
</a>
<span style="display: initial;">
, and let us help you learn what options you have.
</span>
</p>
</div>Florida laws allow easy access to peoples' criminal records. This can cause problems for those seeking good jobs and decent residences. Even a minor offense orMan charged with DUI in Florida after crash injures bicyclists2020-08-26T19:07:52Z2020-08-26T19:07:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Auto accidents can happen for many reasons in Florida and one of the most common is if a driver is under the influence of alcohol or drugs. There are various scenarios that can come about leading to a DUI arrest. Among the most serious include people being injured in a crash with an alleged drunk driver. Drivers who are facing allegations that they committed a DUI and caused injuries to others should be cognizant of the ramifications and consider their options to craft a strong legal defense.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Driver Arrested For Recklessness, Speeding And DUI After Collision
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A man
</span>
</span>
<a href="https://www.firstcoastnews.com/article/news/crime/20-year-old-charged-with-dui-after-two-bicyclists-were-hit-in-the-nocatee-area-saturday/77-2213ad17-2f5a-4217-af54-caa2e30c4dca" style="display: initial; font-weight: bold;" target="_blank">
was arrested
</a>
<span style="display: initial;">
<span style="display: initial;">
for DUI after a three-vehicle accident in which two bicyclists were injured. According to the investigation, the 20-year-old man was driving at excessive speed when the chain of events took place. Witnesses said he was being reckless and went out of control. A vehicle was sideswiped. Then he hit another vehicle before hitting the bicyclists. Law enforcement arrived and spoke to the man. He appeared to be under the influence smelling of alcohol, slurring his speech and had bloodshot and watery eyes.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He took field sobriety tests and did poorly. He stated that he had been drinking the previous night. His blood alcohol content registered at double the legal limit. He faces multiple charges including DUI and DUI with damage. The bicycle riders were hospitalized where they were reported to be stable.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Understanding Potential Penalties After A DUI
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
Drivers who are convicted of DUI can face a litany of penalties that can lead to major challenges in life. These can include jail time, fines, a driver’s license suspension and the requirement to have an ignition interlock device on the vehicle. In addition, the conviction will be on the person’s record and could cause problems with future endeavors and getting automobile insurance.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
A Legal Defense Is Key
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Even in cases where the evidence is strong, there are still strategies to avoid the worst consequences or even get an acquittal. The investigation could have been flawed, extenuating circumstances could help with reducing the charges, or there may be an option for treatment instead of incarceration. The case can be challenging, especially if people were injured in an accident. Before doing or saying anything to exacerbate the situation, it is beneficial to consult with legal professionals experienced in
</span>
</span>
<a href="https://www.flduidefense.com/felony-dui/dui-accidents/" style="display: initial; font-weight: bold;" target="_blank">
DUI defense
</a>
<span style="display: initial;">
<span style="display: initial;">
immediately.
</span>
</span>
</p>
</div>Auto accidents can happen for many reasons in Florida and one of the most common is if a driver is under the influence of alcohol or drugs. There are variousWill you be able to drive commercially after a DUI?2020-08-11T19:16:32Z2020-08-11T19:16:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Commercial drivers are in a tough situation when it comes to alcohol. They can have a blood alcohol concentration (BAC) of under .04%, and they can’t drink within the four hours before they start driving. The lower DUI level is tricky for some, but there is good reason to have it. Commercial drivers are in charge of large vehicles with the potential to cause serious damage, injuries and death if they crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Federal Motor Carrier Safety Administration (FMCSA) is in charge of the rules regarding BAC and commercial driving. These regulations apply to anyone who owns or leases a commercial motor vehicle as well as for-hire motor carriers, church drivers and others.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you
</span>
</span>
<a href="/" style="display: initial; font-weight: bold;">
get a DUI as a commercial driver
</a>
<span style="display: initial;">
, there is the chance that you could lose your license. Though the loss of your license may be temporary, finding a job after a DUI is likely to be difficult. The trucking industry is short on drivers, but there is never a lack of new, incoming talent without DUIs on their records.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Will A Business Be Willing To Risk Taking On A Driver Who Had A Past DUI?
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
That’s a difficult question to answer. As the DUI disappears further back into your history, you may have a better chance of getting back into commercial driving. There are some companies who will hire drivers with a DUI in their past, but they are few and far between.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The better option in this situation is to
</span>
</span>
<a href="https://dui.findlaw.com/dui-charges/commercial-dui-regulations.html" style="display: initial; font-weight: bold;" target="_blank">
fight the DUI
</a>
<span style="display: initial;">
, and do all you can to avoid a conviction. Your attorney will help you defend yourself and fight for your license and career.
</span>
</p>
</div>Commercial drivers are in a tough situation when it comes to alcohol. They can have a blood alcohol concentration (BAC) of under .04%, and they can't drinkTourists in Florida: Be cautious and avoid a DUI2020-07-29T19:20:48Z2020-07-29T19:20:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you come to Florida as a tourist, you could be in deep trouble if you drink and drive. Around 40% of all traffic fatalities in the United States are a result of drunk driving, which is why the penalties are so significant. Every year, in fact, around 1.8 million people are arrested for drinking and driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Florida, like most other states, has a legal blood alcohol limit of .08% for drivers. That works out to 35 micrograms of alcohol per 100 ml of breath or 80 micrograms per 100 ml of blood — although it’s important to remember that you can still be charged with drunk driving even when your blood alcohol content is under that amount.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you are
</span>
</span>
<a href="https://blogs.findlaw.com/blotter/2012/10/you-got-an-out-of-state-dui-now-what.html" style="display: initial; font-weight: bold;" target="_blank">
driving while intoxicated in Florida
</a>
<span style="display: initial;">
, or if you appear to be, you’ll be asked to take field sobriety tests as well as a breath test. While you can refuse a field sobriety test, you should understand that refusing the breath test means that you’ll immediately lose your license. You may also be imprisoned, depending on the circumstances leading up to your arrest, such as if a crash was caused or if anyone was hurt.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If this was your first offense, you may not end up facing jail time, but you could face harsh fines and penalties, as well as increased insurance cost and social stigma, which is something to consider when deciding to reach out to your defense attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
As a
</span>
</span>
<a href="https://www.flduidefense.com/i-ve-been-charged-with-dui-in-florida-now-what/" style="display: initial; font-weight: bold;" target="_blank">
tourist in Florida
</a>
<span style="display: initial;">
, it is smartest to avoid driving while intoxicated. There are many great methods of public transportation, and you also have the option to call taxis or to use ride-sharing services. Many restaurants and stores are within walking distance, too, so if you plan to drink, walk there — and walk home or get a ride.
</span>
</p>
</div>If you come to Florida as a tourist, you could be in deep trouble if you drink and drive. Around 40% of all traffic fatalities in the United States are a resultWhat Types of Drugs Fall Under DUI Arrests?2020-07-23T19:28:35Z2020-07-23T19:28:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Florida’s laws concerning
</span>
</span>
<a href="/dui-law" style="display: initial; font-weight: bold;">
DUIs
</a>
<span style="display: initial;">
<span style="display: initial;">
define driving under the influence as having a blood alcohol content of .08% or more. But while it might be common to associate a
</span>
</span>
<a href="/dui-law" style="display: initial; font-weight: bold;">
DUI
</a>
<span style="display: initial;">
<span style="display: initial;">
with drunk driving, the truth is that, not only alcohol, but many kinds of drugs and medicines can dangerously impair a driver’s ability to operate a motor vehicle.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, unlike alcohol, drugs do not affect a person’s blood alcohol level, so the law states that a driver whose “normal faculties are impaired” by drugs is also subject to punishment. The law divides drugs into two categories: “harmful chemical substances” and “controlled substances”
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
What Are Harmful Chemical Substances?
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
These are substances such as nitrous oxide, rubbing alcohol, and certain chemical solvents. These chemicals are typically inhaled, or “huffed,” to obtain a buzz or high.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
What Are Controlled Substances?
<span>
</span>
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
Florida lists hundreds of different substances that qualify as “controlled substances” that can impair the ability to drive. They generally include the following substances:
<br/>
</span>
</p>
<ol>
<li>
<span style="display: initial;">
Opioids and opiates, which include painkillers like Vicodin and oxycodone (also known as OxyContin), as well as substances such as heroin and fentanyl;
</span>
</li>
<li>
<span style="display: initial;">
Hallucinogens, such as LSD;
</span>
</li>
<li>
<span style="display: initial;">
Stimulants, such as amphetamines, methamphetamines, cocaine, and MDMA, also known as Ecstasy; and
</span>
</li>
<li>
<span style="display: initial;">
Cannabinoids, such as marijuana
</span>
</li>
</ol>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Possible Penalties
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
The penalties for driving under the influence of drugs are generally the same as for driving under the influence of alcohol. If someone gets pulled over, then these penalties can be up to 6 months in jail, a $500-$1,000 fine, 50 hours community service, and a 6-month suspension of a driver’s license, for a first offense, to up to five years in prison and up to a $5,000 fine for a third offense (if the third offense occurs within ten years of the first offense).
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When the consequences of violation of the law are so severe, it is important to be sure to consult with experts who know the law inside and out. The attorneys at Epstein and Robbins have extensive experience obtaining the best possible outcomes for their clients, and they do so with passion for their clients and a singular focus on a fair outcome.
<span>
</span>
</span>
</p>
</div>Florida's laws concerning DUIs define driving under the influence as having a blood alcohol content of .08% or more. But while it might be common to associate aDo Commercial Drivers Have Different DUI Restrictions/Consequences?2020-07-23T19:24:33Z2020-07-23T19:24:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
To obtain a commercial driver’s license, drivers must meet different requirements from those seeking ordinary driver’s licenses, so it is unsurprising that the laws regarding driving under the influence of drugs or alcohol, also known as
</span>
</span>
<a href="/dui-law" style="display: initial; font-weight: bold;">
DUI
</a>
<span style="display: initial;">
, are likewise different. The law holds commercial drivers to a higher standard because commercial drivers typically operate larger, heavier, more dangerous vehicles, such as trucks carrying hazardous materials, cargo-loaded big rigs, and busses filled with passengers. Driving a commercial vehicle, or CMV, under the influence can endanger dozens of people or more, so the consequences of doing so are heavier.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
How Are The Consequences Different?
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
It’s important to first note that, under Florida law, simply driving a CMV with any alcohol at all in your bloodstream is a moving violation subject to a potential fine and prohibited from operating a CMV for 24 hours.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
To be convicted of a DUI while operating a CMV, the defendant needs to have a blood alcohol level of only .04. This is half the level a driver of a regular passenger vehicle needs for a conviction. So, it is much easier for a prosecutor to obtain a conviction in a commercial vehicle DUI care.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Disqualification From Operating A CMV Is A Real Possibility
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
Additionally, commercial drivers convicted of a DUI may be disqualified from driving a commercial vehicle for one year for a first offense, and permanently disqualified for a second offense. And the driver cannot apply for a hardship reinstatement to operate a commercial vehicle.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If the driver has a blood alcohol level of .08 or more, the disqualification becomes effective immediately, and the officer is authorized to issue a temporary 10-day driver’s license, but only for non-commercial vehicles.
<span>
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: initial;">
Protect Yourself – And Others
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Because the danger to others from operating a CMV while under the influence of alcohol or drugs are so high, the consequences for a commercial driver convicted of a
</span>
</span>
<a href="https://www.flduidefense.com/faq-dui-law/" style="display: initial; font-weight: bold;" target="_blank">
DUI
</a>
<span style="display: initial;">
<span style="display: initial;">
can imperil that driver’s means of earning a living. While the law seeks to protect the public, the driver must seek to protect the driver’s interests. With the stakes so high, be sure to consult with expert attorneys who understand both the law and that a person’s livelihood is on the line. The attorneys at Epstein and Robbins have years of experience, and can offer strategic thinking and peace of mind.
</span>
</span>
</p>
</div>To obtain a commercial driver's license, drivers must meet different requirements from those seeking ordinary driver's licenses, so it is unsurprising that the