If, for example, you over-medicated yourself with Nyquil to the point it could be shown you were impaired while you were driving, then you could conceivably be charged with a Florida DUI.
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The same is true of painkillers, sleep medication or any prescription medication or over-the-counter medication which affects your ability to drive safely. DUI laws apply to those driving a vehicle, and even riding a bicycle. Those who are driving a boat while impaired, would be charged with BUI.
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Whatever you call it, there are serious penalties associated with driving while impaired. In order to show you were impaired, the state is responsible for proving you were in control of the vehicle, and were impaired. In order to be convicted of a DUI in Florida, it must be shown you were in control of your vehicle.
In other words, the key must be in close enough proximity that it could be easily accessed. As an example, while your car may generally be operable, a dead battery or a flat tire could render it inoperable. While this sounds straightforward enough, there have been Florida cases of people being arrested for DUI while they were outside their vehicle. The courts held that, due to lack of anyone else in proximity to the vehicle, circumstantial evidence was sufficient to prove actual physical control.
Can a Bar be Held Liable for a DUI Accident in Florida?
You could also be ordered to attend drunk driving school, attend a drug and alcohol program and be sentenced to community service. Should you refuse a chemical test, you will lose your license for a period of a year, no matter if you are convicted of DUI or not. A fourth and subsequent DUI convictions in the state of Florida are third-degree felonies and could result in your being labeled a habitual offender.
In addition to the criminal penalties, you can lose many personal freedoms, following a DUI conviction. You could be unable to obtain a passport or purchase a firearm after such a conviction, unable to obtain a professional license, rent a home or work with children. Obtaining a government student loan for higher education could be extremely difficult, and obtaining employment can also become problematic, or even impossible.
Your auto insurance premiums are likely to increase to the point it becomes unaffordable, or your insurance may be cancelled altogether. There are a number of challenges your Ayo and Iken DUI attorney may use in your case, depending on the circumstances.
Information on Being Formally Charged with a DUI or DWI
Perhaps the officer did not actually have reasonable suspicion to pull you over in the first case, or had no probable cause that you violated the law in some manner. Of course it does not take an enormous amount to constitute probable cause. There may be questions as to whether you were properly Mirandized at the time of your arrest.
Perhaps the police officer failed to administer your breath test as prescribed, or the Breathalyzer machine was not properly calibrated. It may come to light that the lab mishandled your blood or breath specimens or there were problems with the blood draw itself.
What to Do if You Get Pulled Over for DUI | Goldman Wetzel
Florida Statute Even if the officer did have the right to take your blood, there may be other issues associated with the manner in which the blood was taken. Should you prevail at this hearing, you will be allowed to keep your license. The request must be made in writing, and the request will include all your information, a statement as to the date of suspension and the county where you received notice of suspension.
No extensions are granted for those who miss the ten-day window. Aside from potentially getting your license reinstated, the Administrative Review Hearing provides a good chance to hear all the evidence the state has against you, therefore giving you a better chance at your criminal trial. Challenging your suspension gives you an extra days of a temporary driving permit, for business purposes only. If you fail to request your Administrative Review Hearing, your license will be suspended on the 11 th day.
One type of hardship license is reserved only for business purposes, while the other is for employment purposes.
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A business hardship license allows you to drive to and from work, do any driving necessary to your work, drive for educational or medical purposes and drive to and from church. An employment hardship license only allows you to drive to and from work. In order to qualify for a hardship license, you must serve at least 90 days of your suspension prior to eligibility.
If you refused to submit to a chemical test two or more times, you are not eligible for a hardship license at all. If you were referred to a court-mandated drug and alcohol program, the program must be completed prior to applying for a hardship license. Of course, in order for the prosecution to win its case against you, it will need to prove you were in control of your car.
Florida DUI Laws, Penalties & Damages After an Accident
There are a few ways to defend against this. For instance, if your car was not on and your keys were not easily assessable in your glove box, purse, or behind your tires you may argue that you did not have control of your car or any intent on driving that night. If you were sleeping in the backseat, that is another mark in your favor. The fact that your car was away from a highway, like in a parking lot or residence, can also support your case.
Have a DUI defense attorney from Goldman Wetzel assess your case and devise a defense against your charges.