Attorney Christian A. Straile, LLC
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Posts tagged "conducir debajo de la influencia"

DUI Actual Physical Control Not Just Being the Intoxicated Owner

An element the State has to prove in a DUI is that the accused was either driving or in "actual physical control" of the vehicle. Actual physical control sounds simple enough but the question of what is actual physical control has generated some interesting case law. Of note is that if the accused was not driving or the car was not moving, then the State can still prosecute a person having actual physical control.

Arrested for DUI, 10 days for what?

Arrested for DUI? Before going to court, a driver's license will be suspended 10 days after the DUI arrest if the person refused to give a breath sample or sumbmitted to the test and blew over a .08.   As to the license to drive, there are three options (1) request a hearing to reverse the suspension called a Formal Review Hearing, (2) request hearing for an immediate hardship license or (3) do nothing.  The choice to do nothing is a choice to accept a driver license suspension.  The deadline to file an election for a hearing at the Department of Highway Safety and Motor Vehicles (DHSMV) is also the same 10 day period before the suspension is imposed. The DUI citation is a driving permit for those same 10 days.

DUI Deferment Program for a First DUI in Gainesville, Florida.

A person arrested and accused of a first DUI in Gainesville Florida may qualify for the DUI Deferment Program or DUI DP. The net result of the Deferral agreement is that at the end of supervision, the driver will be sentenced upon charges of Reckless Driving rather than as charged, with a first DUI. If a person qualifies for the DUI Deferment, then legal costs and fees will be less. Not all people will qualify; speak to a DUI lawyer in Gainesville, Florida before you go to court.

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