Reader’s Question:

It seems so weird that a friend of mine who has been convicted for DUI here in Jacksonville, Florida would have to blow into the ignition interlock device before the vehicle that he will be driving starts. I know that this can be a preventive measure of having a DUI again, but are there any disadvantages of having ignition interlock device?

Faith

Jacksonville, FL

Yes, it may seem weird and annoying that every time your friend starts his car, he would have to blow into the ignition interlock device because of his DUI conviction in Jacksonville, Florida. He may also have to do this at random intervals while driving. This is actually part of the punishment for a DUI and one of the ways to give back some driving privileges during a DUI process.

One of the disadvantages of having an ignition interlock device installed in the car is that it can be disruptive and may cause inconvenience to the driver and family members. This may cause distraction while driving because the driver would have to blow into the device at random intervals while driving to prevent another person from starting the car and letting an intoxicated friend do the driving. Also, an ignition interlock device is costly to implement and maintain. It also does not keep the person from driving another car and ignition interlock device does not have real proof of DUI prevention.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

My poor cousin has just been recently charged with DUI here in Jacksonville, Florida and my mom told me that my cousin is gonna opt for a nolo plea. What does a nolo plea mean?

Libby

Jacksonville, FL

In a DUI case, a “nolo contendere” or no contest plea is of little or no use. In earlier years, so many people opted to seek a “nolo” plea because it could save a person’s driver’s license. Right now, if an accident with liability for damages or injuries has occurred, the primary benefit to a driver now would be to possibly limit use of the plea in a civil suit.

Today, it will not save your cousin’s driver’s license if he seeks a “nolo” plea in his DUI case in Jacksonville, Florida. In any case actually, the judge does not have to accept a “nolo” plea. If the judge accepts it, your cousin would still have stiff fines, perform community service, and possibly serve some jail time. The driver’s license suspension is the same as if a “guilty” plea was entered. That is why many people choose to go to trial, seeking to win the case. Because even if a “nolo” plea is used, it still counts as a prior conviction. Any other future DUI arrests would be negatively impacted by more punishment than if a person had no prior history at all.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

What are the grounds for a DWI arrest in Jacksonville, Florida and how can this be challenged?

Cynthia

Jacksonville, FL

If your Blood Alcohol Content (BAC) Level is found above 0.08 after various roadside tests or tests done at the police station, then you will be arrested. Driving While Intoxicated (DWI) in Austin is not an easy job for the patrolling police. They were trained for doing their job so they usually have enough proof for stopping a DWI suspect. They are given a set of guidelines required for them to follow. Before a DWI suspect is asked to pull over, someone may have given them a tip or the subject is under observation for at least half an hour. This is when things become real complicated. The driver’s license may be suspended immediately if the DWI suspect refused to undergo chemical testing.

As for challenging the arresting officers’ DWI charges, a competent DWI Jacksonville, Florida attorney can be of big help to you. For example, the police cannot follow you home secretly without informing you. You can tell this to your attorney if in case this happened and he will deal with it. Also, the chemical tests are always accurate and the DWI attorney is aware of all aspects of it to question the court during hearing.

Were you informed of your rights as a citizen when the arrest was happened? Were the tests done in accordance with the Standardized NHTSA guidelines and were the conditions proper? Were your physical disability (if any), age, psychological conditions, weight given due consideration while performing the DWI tests?

Tags: advice, drunk driving laws, DWI lawyer

Reader’s Question:

My father was charged with DUI here in Jacksonville, Florida. I heard that it was just a misdemeanor case and it was a good thing that it wasn’t a felony case? What is the difference between misdemeanor and felony DUI cases?

Kai

Jacksonville, FL

Your father’s DUI case in Jacksonville, Florida, which is a misdemeanor charge, is generally considered to be less serious than a felony charge. However, you have to take note that convictions for crimes involving DUI can have long lasting consequences that may affect both your father’s record and employment. Misdemeanor cases are handled in the County Court System and punishment may include an adjudication of guilt, a fine, jail time in County Jail and supervised probation.

A felony DUI charge is considered more serious than a misdemeanor. It is ranked in increasing range of severity from Third to First Degree felony charge. Felony crimes are handled in Circuit Criminal Court and punishment can include an adjudication of guilt, lengthy terms of jail time in State Prison, significant terms of supervised probation or house arrest and significant fines.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I know some people who have been arrested for DUI here in Jacksonville, Florida and all of them practically failed the field sobriety tests. What can you advice me on taking these field sobriety tests?

Rafael

Jacksonville, FL

Many doubt the accuracy of field sobriety tests in finding out whether or not a person is driving under the influence. In my honest opinion, field sobriety tests (FST) are very inaccurate. FST’s are completely subjective and should not be used as proof of guilt in any DUI court proceeding. I doubt if anyone has ever passed a field sobriety test in Jacksonville, Florida. If the police officer wants to arrest you, you can bet the night in jail that your performance on FST’s will make little difference.

It is very difficult to discern an inch difference in the placement of your feet on a dark highway with little to no light, and to stand on one foot while counting for 30 seconds at a time, without ever moving a muscle or slightly adjusting a leg. Standing on one foot for thirty seconds is hard to do at all, sober or not and you don’t have to believe me, try it. You just have to make sure your foot does not touch your leg or almost touch the ground, and make sure you don’t sway too much while doing so either. I have heard all these grounds used as a police officer’s reasoning to arrest someone for DUI. So my advice is, do not take any FST because you don’t have any obligation by law to take these tests.

Tags: DUI, DUI advice

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