Reader’s Question:

My brother has just been recently charged with DUI in Jacksonville, Florida and I think he was wrongfully accused of the crime. I’ve been doing some researches about DUI defenses that can be used in court. How accurate are the field sobriety tests being administered on people suspected of DUI?

Ava

Jacksonville, FL

The standardized field sobriety tests (FST) still provide a very inaccurate measure of whether or not a DUI suspect is impaired even when they are administered perfectly (which is rare). This goes true not only in Jacksonville, Florida but across all states. According to National Highway Traffic Safety Administration (NHTSA), for example, the walk-and-turn test a 68% accuracy rate and the one leg stand test has a 65% accuracy rate. Not only do these statistics presume a perfectly administered test, they also assume every person is physically the same, without disability, inner ear problems, or infirmity in any way.

This means that if people were convicted based on these roadside tests, one third of these people would be innocent and wrongly convicted. If we view it in another way, when police officers arrest DUI suspects based on failing these tests, one in three suspects is wrongfully arrested.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a recent conviction for DUI here in Jacksonville, Florida. I know that this will have a negative impact on my driving record, but how will this affect my car insurance?

Dwight

Jacksonville, FL

A DUI conviction in Jacksonville, Florida will sure have a larger effect on your car insurance. On top of the fines and penalties imposed, you can expect to have a hard hit from insurance rates.

Because of your DUI conviction, you are required to show an SR22 form so that you can get your driver’s license back. SR22 is not a type of insurance as much as proof that a driver has the various types of insurance required by the state of Florida. This is filed by an insurance company and states that the driver in question has auto liability insurance and it is in effect. Most auto insurance carriers will be able to provide an SR22 form and may be able to insure your vehicle as well. But you will be considered a high-risk driver by the insurance companies if you request for SR22. Because of that, you can expect the insurance premiums paid to possibly double, maybe even triple. The increase in insurance premiums can be even worse if you had previous discounts for a safe driving record and no claims on your insurance.

Since you were convicted for DUI, you may find it quite beneficial to shop around for the best car insurance rates possible. There are many insurance companies that specialize in providing high-risk policies. You can also insure one vehicle on a high-risk policy and put all other vehicles and drivers on a different policy.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I have been arrested and charged with DUI here in Jacksonville, Florida. I know some people who were charged with the same and regret that they didn’t hire the services of a DUI lawyer. But, how can a DUI lawyer really help me in my case?

Donald

Jacksonville, FL

A DUI arrest in Jacksonville, Florida triggers two different types of cases. The first one is the administrative case that deals with your driving privileges. Just being arrested for DUI, without even being convicted, is actually enough to have your driving privileges revoked for a time period that corresponds with the number of convictions you have had for DUI and any other special circumstances. The second case is a criminal one where you will be prosecuted for the crime of DUI.

A DUI lawyer could help you in so many ways. He/she can help you prepare for the case and he/she would review evidence and also gather information that can be crucial in your DUI case. There could never be any guarantees but an experienced DUI lawyer on your side would give you a better chance of having a positive outcome on your DUI case than if you choose to represent yourself or work with a lawyer who is not a specialist on DUI cases. A DUI lawyer could actually have your charges reduced and could even have your case dismissed because only experienced DUI lawyers have access to expert witnesses.

Tags: DUI, DUI lawyer

Reader’s Question:

My sister was charged with DUI in Jacksonville, Florida. She has been told so many times not to drink and drive but still, she continues to do it. We were thinking about getting a lawyer who would represent her. But how can a DUI lawyer help her in her case?

Josephine

Jacksonville, FL

You may think that the charge of driving under the influence affords you few legal options. That is where representation by Jacksonville, Florida DUI lawyers can make all the difference. After the arrest, the DUI defense lawyer would demand the opportunity to access and review the arrest reports, intoxilyzer logs and lab reports, audio and visual tapes, examine the results of the breath analysis, and check the forensic or hospital testing process. Each step done by the DUI lawyer offers an opportunity to dismiss or reduce the DUI charges.

DUI lawyers also offer their expert advice when it comes to taking the case to trial or attempting to obtain a favorable plea bargain. In some instances, negotiating a plea bargain with the prosecuting attorney may be the best choice following a DUI arrest. Plea bargains may result in a minimized sentence, reduction of the charge and savings in expert witness and other fees commonly associated with a trial.

Being arrested for DUI can be a scary wake up call for anyone. Your sister may feel completely vulnerable and helpless, as though all is now lost. When she seeks the advice of qualified and experienced Jacksonville, Florida DUI lawyer, she’ll find that she not only have options, but the situation may be better than she had imagined.

Tags: DUI, DUI lawyer

Reader’s Question:

I was caught drunk driving and so I have been charged with DUI here in Jacksonville, Florida. I’m very much worried about my auto insurance. Would my insurance company still cover me?

Michael

Jacksonville, FL

DUI auto insurance is quite a significant issue for those charged with DUI. Auto insurance companies would their rates on a variety of factors, including driving record. I have to give you a warning that if you will be convicted, or even before conviction, your auto insurance company may drop you like a hot potato as an insured or if they keep you, they would raise your rates significantly. In your case, it may be best not to reveal a pending DUI case to your insurance company, simply because without a conviction, there is no obligation to do so.

In an accident was involved in your drunk driving episode, then it becomes even more complicated when to talk with your auto insurance company and when to talk to your lawyer. Therefore, it is critical to consult with a qualified DUI lawyer in Jacksonville, Florida to determine whether or not the insurance company can exclude the incident from coverage. You need to know the specific details of your insurance policy so that you would know if your insurance company will cover the damage.

Tags: insurance, drunk driving insurance

Reader’s Question:

Do I have great winning chance if I represent myself against my DWI charges in Jacksonville FL?

Matthew

Jacksonville, FL

Thanks Matthew. Generally speaking, it is not a good idea to try to represent yourself against any criminal charges including a DWI arrest.

Drunk driving may seem like a relatively minor offense in Jacksonville, but it is in fact one of the more complicated and heavy criminal charges for prosecutors to bring. It is not as simple as getting a traffic citation as it involves major consequences both to your career and personal life including your family.

It is still always best to consult a DWI attorney in Jacksonville who is expert in drunk driving cases. There are many technical defenses that a DWI attorney may be able to raise that you may overlook, to assist you either in avoiding conviction, negotiating a lesser charge, getting a good deal or arrangement and even in reducing the consequences of your conviction.

These expert DWI attorneys are also likely to know what the judge, who is handling your case, is likely to do if you plead guilty, or if you are convicted after a trial. It is even more important to consult a lawyer if you have a prior impaired driving conviction, as most jurisdictions impose much more serious penalties on repeat or second offenders than on first time drunk drivers.

Reader’s Question:

I have heard from my friends who have already been pulled over because of a DUI suspicion here in Jacksonville, Florida that they performed a field sobriety test like the walk and turn. Just out of curiosity, what do police officers tell a DUI suspect to do during a sobriety test like the walk and turn? What are the clues that they are looking for?

Megan

Jacksonville, FL

The Walk and Turn or WAT is actually a walking test. The WAT is 68% accurate in determining blood alcohol content (BAC) above .10 percent if administered properly. The test must be conducted on a reasonably hard, level, dry and non-slippery surface in order to be administered properly. There has to be a designated straight line. This is one of the field sobriety tests being conducted in Jacksonville, Florida.

The police officer would direct the person to put one foot in front of the other in a straight line, with the right foot directly in front of the left, with the heel of the right foot touching the toe of the left foot. The person is directed to stand in this position until directed to begin the test. It is behavior inconsistent with this instruction that most often would result in a “clue” that is being used to determine intoxication. For example, the person would move out of position, or start test before instructed to do so.

Then, the police officer would demonstrate the test while giving verbal instructions on how to do test. The officer would tell the person to take nine heel-to-toe steps down a straight line. The officer would instruct the person on how to correctly turn, after the initial nine steps have been taken. A proper turn is taken with a series of small steps, which the officer actually demonstrates. The person is then supposed to take another series of nine heel-to-toe steps back to the starting position. The officer would instruct the person to keep the arms at their side, watch their feet at all times, and count each step out loud. The person is directed not to stop until the test is completed.

The officer should ask if the person understands the test before the test is initiated.

The clues that the police officer is looking for are the following:
-Cannot keep balance while listening to instructions
-Starts before the instructions are finished
-Stops while walking
-Does not touch heel-to-toe
-Steps off the line
-Uses arms to balance
-Improper turn
-Incorrect number of steps

Reader’s Question:

My daughter’s case seems serious even though this is just her first offense. She has been charged with DUI here in Jacksonville, FL. I have told her several times not to drink and drive because I was convicted before with the same offense. I didn’t hire a DUI lawyer then. Could you tell me where can we find a DUI lawyer?

Kevin

Jacksonville, FL

It is very important to hire a Jacksonville, FL DUI lawyer who has already handled similar cases in the past. That way, the DUI lawyer actually knows the specific laws of Florida State. Your daughter has to understand that her future, including her financial future, is in jeopardy. The worst case scenario is that she could serve time in prison. If she hires a DUI lawyer to represent her, it can increase the chance of acquiring a lighter sentence, less penalties and lower monetary fines. It could even make the difference between a conviction or an acquittal. So, when it comes to a charge like this, it would be wise to urge people to find a DUI lawyer to represent them. Your daughter has to realize the gravity of the situation.

Jacksonville, FL DUI lawyers are advertised in many places and many of them offer free initial consultation. Your daughter may be able to have a lawyer assigned to her case if you are unable to afford one. Legal aides are also there to assist your daughter. There are consequences to drinking and driving but a good DUI lawyer will be able to help your daughter get a fair trial and an acquittal or fair sentence.

Reader’s Question:

My cousin was charged with DUI here in Jacksonville, Florida. Not that we are expecting that he will be proven guilty, but we are not closing that possibility. If he will be convicted for DUI, what are the fines that he might be paying?

Ashley

Jacksonville, FL

Florida has some strict laws and regulations when it comes to DUI offenses. Since your cousin was charged with DUI in Jacksonville, Florida, he may be facing penalties which include fines, license revocation, court fees, probation and possible prison term.

In the state of Florida, an immediate penalty of $250 is imposed for a first time conviction on being charged with DUI. Fines may go up to $500 based on levels detected during the analysis. Fines can be extremely heavy, starting at $500 and going up to $1000 or more if the blood sample of the person indicates an alcohol level of 0.20% or above. DUI laws are increasingly being strict and penalties are harsher when the accused has been a frequent offender.

There are certain legal procedures that need to be undertaken when involved in DUI cases. It is better to hire the services of a lawyer who specializes in such cases. A lawyer would be capable of providing apt guidance about the rights of a person in the event of being arrested under DUI offense. Jacksonville, Florida DUI lawyers review facts of the case, handle court procedures and resolve client’s standing on the case. They could also carry out negotiations on behalf of clients for claim settlements. They could also help with alcohol rehabilitation programs and request the court for clemency by proving that the person is changing for the better.

Reader’s Question:

A friend of mine was charged with DUI here in Jacksonville, Florida for the first time. We know some lawyers around who can possibly help her out but none of them is a DUI lawyer. These lawyers are so-called general practitioners. Can any lawyer defend my friend on her DUI case?

Matt

Jacksonville, FL

If somebody asks me for help regarding any legal matter, my response will be to consult someone expert in the field. Since your friend was charged for DUI, she needs to inquire with the state bar association or call the lawyers you know to try to locate an expert in handling DUI cases in Florida.

Most lawyers would agree to represent your friend even if they have not handled a DUI case before. The lawyer may advise her to plead guilty and work out an arrangement with the court to keep her license with the least possible suspension time. The lawyer may not adequately investigate the facts of the case or get other evidence and copies of documents that are readily available through discovery.

Your friend has to bear in mind the possible consequences she might have if she will be represented by someone who does not specializes in Florida DUI cases. These consequences include possible incarceration even for first time offenders, fines, driver’s license suspension, probation, community service, and mandatory counselling or alcohol treatment. Worse consequence is an increase on the insurance rates, even before conviction, if her coverage is not cancelled.

She has to think over this matter again and again. A DUI charge can be life-changing so make sure she hires a legal representation who is an expert and have actually gone to court on DUI cases.