Articles Posted in Out of State DUI

With Christmas behind us and the New Year’s holiday looming ahead, many Florida drivers are distracted by all the holiday parties and family gatherings and are not as persevering about designating a sober driver or staying sober for the ride home.

Florida law enforcement officials are not distracted during this holiday season. In fact, they are patrolling for drunk drivers throughout the month of December and New Year’s Eve and setting up DUI checkpoints.

15777342095_163bc0b4a3_mWhat should I do If I have been drinking and I am pulled over by the police?

  • The most important thing to remember is to be polite with the police officer that pulls you over. Being confrontational or acting rude will only put you in jail quicker.
  • Know your rights. You do have the right to refuse all field sobriety tests. These tests only help the arresting officer build a stronger case against you. Understand that police intend to use the results of any test against you in court.
  • You also have the right to refuse a breathalyzer, blood or urine test. Remember though, if you do refuse these test, you face a one-year suspension of your driver’s license.
  • Law enforcement is recording you. Be sure to watch how you act and what you say.
  • An officer will likely ask you various questions about what you were doing in the hours leading up to your vehicle being stopped. You do not have to answer an officer’s questions about whether you had anything to drink that night, where you were coming from, or any other questions. The most appropriate response to these questions is to politely request to speak to your attorney before answering questions.

If pulled over for DUI, what type of field sobriety tests will the police administer?

There are various field sobriety tests conducted by police, including the following:

  • The Eye Test also known as the HGN Test
  • The One Leg Stand
  • Alphabet Recitation
  • Walk & Turn
  • Nose Touch

Questions you can expect to be asked by police:

  • Where are you coming from?
  • Have you been drinking?
  • Who have you been with?
  • Where are you going?

It is important to be respectful to the arresting officer, but you do NOT have to discuss any personal information. You do not have to tell the officer where you are coming from, where you are going or who you have been with.

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Amanda Bynes was arrested on a DUI charge early Sunday morning in Sherman Oaks, California.

CHP officers said they observed the 28-year-old actress driving her white Mercedes Benz SUV west on Riverside Drive, where she stopped for a red light in the middle of an intersection.

Bynes pulled over immediately for the highway patrol and allegedly failed to pass a series of field sobriety tests.

Officers then transported her to the West Valley CHP office for evaluation by a drug recognition expert.

6905273526_d6f6d3b525_mBynes was eventually arrested for driving under the influence of a drug and booked at the Los Angeles Police Department’s Van Nuys Jail shortly after 7 a.m.

The CHP arrest report notes that Bynes had a “disheveled appearance.” The report also shows that she was cooperative throughout the entire arrest process.

The former child star of Nickelodeon’s “All That” and “The Amanda Show” was placed in an involuntary psychiatric hold last year.

In 2012, she was charged with a DUI after an April incident in which her BMW allegedly sideswiped a police cruiser in West Hollywood. In February 2014 that DUI charge was dismissed in a plea deal where Bynes ended up with three years probation, a requirement to attend an alcohol education course and pay a fine after she entered a no-contest plea to reckless driving.

Bynes’ recent arrest would typically be charged as a misdemeanor offense, however there are some complications due to the fact that she was sentenced to three years of probation in February because of her 2012 DUI arrest.

While this DUI arrest was made in California, in the state of Florida, a second DUI within 5 years of a previous DUI conviction is punishable by up to 270 days in county jail, a fine of no more than $2,000, probation of up to one year, five years of a driver’s license suspension and one year of ignition interlock.

Furthermore, in Florida, a new arrest while on probation could lead to additional charges, like a violation of probation. This means that you could not only be facing criminal liability for the new charge, but your probation could be revoked, and the original sentence for the prior crime could be reinstated.

Despite the circumstances, if you are arrested for DUI in Florida, a DUI Defense Lawyer at Whittel & Melton can help. We will review your case and figure out what steps need to be taken in order to give you the best possible defense strategy. Time is of the essence in these cases – by acting quickly, negotiations can sometimes be made with the state attorney to have the terms of probation reinstated. However, every DUI case is unique.

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Labor Day weekend is just around the corner. For many people, that means an extra day off work, backyard and beach barbecues, visiting with friends and family and the unofficial end of summer. However, with the good comes the bad and unfortunately, Labor Day means a sharp increase in drunk-driving-related fatalities.

Beginning August 15 and continuing through September 1, local law enforcement and the Florida HIghway Patrol will be aggressively targeting drunk and drugged drivers as part of a nationwide effort to put an end to impaired driving and save lives.

13002617474_07a9010503_mPolice will be patrolling streets and highways looking for impaired drivers throughout the the state. Residents should expect to see an increase in police as well as DUI checkpoints.

The Fourth of July is just around the corner. Most Americans love to celebrate this day by hanging out with friends and family which usually means cookouts, pool parties, festivals, parades and fireworks.

In gearing up for the Fourth, it is important to remember the national “Drive Sober or Get Pulled Over” campaign. This campaign is designed to inform drivers that if they get behind the wheel of a car at or over the legal limit of .08 blood alcohol content, they will be arrested and charged with DUI.

Florida drivers can expect to see lots of police cars out patrolling this holiday weekend. That means more roadside checkpoints and more drivers getting pulled over for speeding and other infractions. The period just before the Fourth and immediately after, from July 3 to July 6, usually means Florida law enforcement will be out in full force patrolling cities looking to stop those suspected of DUI.

The Fourth of July holiday is a dangerous time to be on the road, and not just in the state of Florida. The National Highway Traffic Safety Administration reported that in 2012, 179 people were killed in motor vehicle accidents between 6 p.m. on July 3rd and 5:59 a.m. on July 5th. Of these accidents, 44 percent were found to be alcohol-related and 28 percent involved a driver that had a blood alcohol content of .15, which is almost twice the legal limit in all 50 states.

IFThis holiday weekend, the Florida DUI Lawyers at Whittel & Melton urge you to play it smart. Exercise caution and safety and do not drink and drive. While a DUI charge is serious, what is even more serious is that driving under the influence of drugs or alcohol places everyone on the roadway at risk for injury or death.

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From cookouts and family get-togethers to concerts and parades, Memorial Day weekend is a time for remembrance and celebration. Like any holiday, law enforcement will be out in full force this weekend looking for intoxicated drivers, so partygoers should exercise extra caution to avoid criminal charges.

memorial dayGiven the extent of potential consequences, it is in everyone’s best interest to try and avoid a DUI charge during the 2014 Memorial Day weekend. The following tips can help you prevent an unnecessary DUI charge:

  1. Use Alternate Transportation. Alternate modes of transportation, such as taxis, buses or even car services like Lyft and Uber can prevent you from driving under the influence and help you have an enjoyable holiday weekend.
  2. Try to Stay Within Walking Distance of Your Destination. Travel risks are increased during holiday seasons whether you have been drinking or not. When venturing away from the home, try and stay within walking distance so that you are not tempted to get behind the wheel after consuming a few alcoholic beverages.
  3. Never Drive Under the Influence of Alcohol or Drugs. Many people fail to realize that DUI laws do not just apply to those who have been drinking alcohol. Any substance that can lead to intoxication, including marijuana and prescription pills, can result in a DUI charge if you decide to drive.

The above safety tips can help you and those closest to you stay safe this holiday weekend. However, if you are stopped for a DUI it is important to know how to react. It can be frightening to be stopped by law enforcement, but being prepared can help you get through this experience unscathed. Understand that during busy holidays, like Memorial Day, police usually set up checkpoints throughout the state and will be stopping drivers. If you get stopped this weekend, remember the following tips:

Stay Calm. Anytime you are pulled over you should remain calm. While you may be anxious or scared, staying cool and collected is the best way to handle the situation.

Know Your Rights. Reviewing and understanding your rights is crucial in order to protect yourself. If you know nothing else, remember that you have the right to speak with an attorney before answering any questions.

Contact a Florida DUI Defense Lawyer. A Florida DUI Defense Lawyer at Whittel & Melton can assist with your defense following an arrest for DUI. We can also make sure your rights remain protected throughout the entire legal process.

Retaining an attorney is just the first step towards resolving your DUI case. At Whittel & Melton, we can review all the evidence against you and scrutinize every detail of your case in order to map out the best course of action. Every DUI charge involves different factors with time-sensitive requirements that must be met, so do not delay.

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The Wednesday night before Thanksgiving, dubbed the name “Black Wednesday,” is one of the busiest nights of the year for police departments making DUI arrests. People travelling to see old friends in combination with the long weekend often results in many impaired drivers on the roadways. Law enforcement is certainly aware of this which is why starting the Wednesday before, and lasting through Thanksgiving weekend, police will be increasing their efforts to catch intoxicated drivers on the roads. Police will be using sobriety checkpoints and DUI saturation zones to keep all impaired motorists off the roads.

Understand that while it is important to drive responsibly at all times, it is not illegal to consume alcohol and drive. As long as you are not intoxicated, or your blood alcohol content is not at the legal limit of .08 or above, it is legal to operate a vehicle. Many law enforcement ads during the holidays convey that it is illegal to get behind the wheel of a car if you have had anything to drink. However, this is not true – the legal limit is still 0.08 percent.

drinking betch.jpgLaw enforcement officers are extremely aggressive when it comes to DUI arrests during the holidays, regardless of the legal limit. Anyone suspected of being even close to the legal limit could be arrested for DUI. Unfortunately, many of these arrests are borderline cases, and you could be slapped with a DUI charge even if you were not intoxicated. If you are arrested over the course of this Thanksgiving holiday for a drunken driving offense, you must act fast and enlist the help of a DUI defense lawyer who can examine the facts of your case and help you beat these charges.

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Ready for a fiesta this Cinco de Mayo? Then be prepared for DUI checkpoints and increased patrols nationwide.

This year, Cinco de Mayo falls on a weekend, a first in five years. Because of this, many law enforcement agencies are setting up DUI checkpoints to start Friday night, possibly earlier.

Police will be implementing all sorts of tactics this weekend – stationary checkpoints being just one of the tools used to make sure drivers are sober.

In fact, police in San Francisco will be on motorcycles this weekend performing mobile Cinco de Mayo DUI patrols around the city.

Likewise, mobile patrols may be used this weekend in the 11 states where DUI checkpoints are not conducted because of legal limitations.

For states like Florida, where DUI checkpoints are increasingly common, courts generally uphold such checkpoints, if they’re conducted properly. A DUI checkpoint should entail:

• A neutral formula for choosing which vehicles should be stopped. For example, every fourth vehicle that approaches the checkpoint.

• A limit in duration, with the main focus being on public safety.

• Advanced notice, so that the checkpoint is less intrusive.

According to the Centers for Disease Control and Prevention, DUI checkpoints reduce drunken driving-related crashes by around 20 percent.

Another factor to consider regarding DUI checkpoints, Cinco de Mayo checkpoints included is that they are generally conducted at night. Why? According to the National Highway Traffic Safety Administration, drunken-driving fatalities are about four times more likely to occur at night than during daylight hours. Additionally, more than 30 percent of fatalities that take place on weekends involve intoxicated motorists.

Sobriety checkpoints are set up by law enforcement at various locations to stop traffic and test for possible drunk driving. These stops are designed to see if the person driving is under the influence of alcohol or drugs. In Florida, these checkpoints are implemented throughout the state in different cities as a means to prevent drunk driving through the use of random locations and stops. However, police must adhere to strict guidelines when setting these checkpoints up, and if any violations occur, this can aid in your defense against any charges brought against you during one of these sobriety checkpoints.

It is important to realize that every DUI charge is different, so it is best to consult with the Florida DUI Lawyers at Whittel & Melton after being arrested for DUI. By acting fast, this enables us to conduct a full investigation into the complete procedure that was used to arrest you for drunk driving. Every single step of the process, including where and how the roadblock was set up, the field sobriety test, the actual arrest and blood alcohol testing, must all meet the terms of strict protocols. Failure by law enforcement to follow these policies at any point can create a defense for you against DUI charges.

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A Georgia man is facing a DUI charge after allegedly sitting on an officer’s car and refusing to get off.

A Cape officer investigating a disturbance at a bar claims the 34-year-old man approached him and took a seat on the hood of his cruiser.

According to an arrest report, the officer asked the man to get off, but he refused. The man eventually climbed off the car when the officer walked over to the car with another officer.

The man allegedly walked away, yelled an obscenity and got inside his vehicle and drove away. Police claim he was traveling at a high rate of speed.

The officer got into his cruiser and tracked the man down, pulling him over for not wearing a seat belt.

The officer apparently detected alcohol on the man’s breath and asked him to perform field sobriety tests, which he allegedly failed.

The man refused a breath test before being transported to the Lee County Jail.

Whether you have a Florida driver’s license or are a resident of another state, if you are arrested for DUI in Florida you will still face the same consequences associated with a DUI arrest. This means you will be subject to criminal court proceedings and a DMV hearing. An out of state driver will be prosecuted in Florida and may have their driver’s license suspended in their home state. This is why it is very important to contact a Florida DUI Defense Lawyer if you are a visitor to the state of Florida and have found yourself arrested for DUI.

Florida happens to be a member of the Interstate Driver’s License Compact, an agreement that 45 states have entered into regarding traffic violations, including DUI. This agreement basically follows the belief “One Driver, One License, One Record.” The means that Florida will report your driving infraction to your home state, where license suspension or revocation penalties may be enforced on top of any criminal penalties Florida applies.

The Florida DUI Defense Lawyers at Whittel & Melton are more than familiar with helping out of state drivers who have been arrested for drunk driving in Florida. We fully understand the Florida DUI process and can mount an aggressive defense strategy to combat any drunken driving allegations. We can work towards limiting the amount of court appearances so that you can return home as well as help you avoid any enhanced penalties in your home state. To help you maneuver through this process effectively, you must act quickly and consult with us immediately.

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