Archives - September, 2008



Reader’s Question:

I always knew that my daughter has a driving problem but I didn’t pay too much attention to it until she was arrested for DUI here in Jacksonville, Florida. Is it true that an officer can detect a driver who is under the influence just because of these driving problems?

Lan

Jacksonville, FL

Yes, it’s true, a police officer can definitely detect that a motorist is driving under the influence because of any driving problems. Your daughter’s driving problem is probably the reason why she was arrested for DUI in Jacksonville, Florida. One category of a driving problem that a motorist can exhibit is vigilance problems. A motorist whose vigilance has been impaired by alcohol has a tendency to respond more slowly than normal to a change in a traffic signal. An example of this driving problem is that the vehicle might remain stopped for an unusually long period of time after the signal has turned green. On a similar note, a driver who is impaired might be unusually slow to respond to an officer’s lights, siren, or hand signals.

The most extreme DUI hint in the category of vigilance problems is finding a vehicle stopped in a lane for no apparent reason. Sometimes when we notice that this behavior, the driver will be just lost or confused, but more than half of the time the driver is under the influence and maybe even asleep at the wheel.

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Reader’s Question:

I am so curious as to how they draw blood in a DUI investigation in Jacksonville, Florida. Does the blood have to come from the arteries or veins?

Elsa

Jacksonville, FL

The blood samples from people accused of DUI in Jacksonville, Florida are commonly withdrawn from the vein rather than from the artery. But the blood alcohol content (BAC) of blood taken from the veins could be quite different from the BAC of blood taken from the arteries in a subject at a given time. It is also the blood in the arteries that carry alcohol into the brain, resulting in intoxication; thus, analysis of blood samples taken from the veins can be misleading.

As a matter of fact, researchers have concluded that using a single blood sample taken from the veins to determine an earlier BAC produces a result that is equivalent to a wild guess. In a related article published in 1984, a lot of scientists have measured comparative BAC levels in the breath, venous blood and arterial blood of people who had consumed known quantities of alcohol. The scientists noticed that BAC of blood taken from the artery was higher than that of blood taken from the vein during the absorptive phase that is, while the alcohol was being absorbed by the body. Arguably, the blood samples taken from the veins had higher BAC levels than the blood samples taken from the arteries during the elimination phase of the blood-alcohol curve. Therefore, the blood sample take from the vein during the elimination phase would be analyzed as having a higher BAC than is in fact being carried to the brain.






Reader’s Question:

My cousin was charged with DUI here in Jacksonville, Florida and he worries too much about the money he’d likely have to spend at the course of his trial. How much does bail usually amounts to and how much would be the court costs and probation?

Eden

Jacksonville, FL

The cost of DUI varies greatly and it would not be the same for everyone, but honestly, it would cost a lot if someone would be convicted for DUI. The bail amount on your cousin’s DUI charge in Jacksonville, Florida would also greatly vary, depending on several factors. A handful of very lucky people get personal recognizance bonds, which cost nothing but the promise to appear in court. But most individuals should pay between $50 and $500 to be released. The court costs would be between $160 and $300 and that excludes any subpoena fees. Also, if a videotape was used, there would be $15 more that is assessed.

Probation fees would depend upon the length of probation. $25-$40 per month would be the statutory range for such fees, so if the probation would be for two years, it could cost as much as $960. The maximum monthly fee for probation is $60 per month so that means if the probation is for two years, the total cost would be $1,440. Regular conditions of probation also include the completion of a DUI education program and this usually costs $50-$125.






Reader’s Question:

If a person is charged with DUI in Jacksonville, Florida, is it gonna be automatic that the person will be sent to jail? What other instances that a person can be convicted for DUI?

Mina

Jacksonville, FL

Only under certain circumstances in DUI cases that a person is in danger of being sent to prison. For example, refusing to submit or give a sample of breath or blood could get a driver a jail term. But in any case, the driver should hire the services of a good DUI lawyer in Jacksonville, Florida because the DUI lawyer could point out the faults in the blood alcohol testing procedures and could protect you or at least reduce your punishment.

There are also other instances under which a person could be convicted for DUI. If a person is involved in a DUI case while driving at high speeds or could have been involved in an accident which involves children, the consequences would take that into account. Also, having a high blood alcohol reading would put a person in much greater risk of having a DUI conviction most especially if the prosecution can prove that the person’s ability to drive has been impaired because of the alcohol consumed or because of other substance. Whatever the case may be, it would be imperative that the driver act fast and hire the services of a good DUI lawyer.






Reader’s Question:

Finding a good defense attorney seems to be so difficult after I have been charged with DUI here in Jacksonville, Florida. Could you please tell me how do I find a good DUI attorney?

Lisa

Jacksonville, FL

I understand that it can be difficult to find and retain a good DUI attorney in Jacksonville, Florida, especially if many attorneys are not experienced and fully capable of handling DUI cases. You have to make sure that you make the right inquiries so that it could help in finding the best DUI attorney. The very first thing that you would have to do is to make sure that the fees are thoroughly explained and in writing and find out if it already includes the administrative hearings held by the DMV. You also have to know if the fees include cost of expert witnesses and other requirements for the trial.

Then you would also have to make sure that the attorney is a DUI specialist which means that the attorney exclusively focuses on DUI defense. Find out also if the attorney has any record of complaints from the State Bar and if the attorney is Board-certified by the National College for DUI Defense. You might also want to ask if the attorney would have the blood samples reanalyzed by a lab. For this matter, the DUI attorney can call technical expert witnesses in police procedures and blood/breath analysis.






Reader’s Question:

I know that there can be a lot of challenges against a DUI arrest that my son could use on his DUI case in Jacksonville, Florida. What can be done if there was no reason or basis enough for the officer to stop a vehicle in a DUI arrest?

Georgina

Jacksonville, FL

Most DUI cases have won by challenging the reason for the vehicle being stopped. The police officer who asked someone to pull over should put forth some explanation to justify why the vehicle was stopped. This explanation should include the fact that the person committed a traffic violation which simply means that the officer should prove that the stop was lawful.

In your son’s DUI case in Jacksonville, Florida, if the police officer could not demonstrate that a traffic infraction was committed by your son, the DUI defense lawyer should file a motion to suppress. If there was no reason or basis enough for the police officer to stop your son’s vehicle, then there is also no basis for the DUI arrest. Therefore, the stop was illegal because the officer didn’t have any lawful reason to justify the DUI stop. If the judge agrees, then there would be a big chance that the entire DUI case would be dismissed.