The Florida Legislature, which is currently meeting in Tallahassee, is considering a bill that would change penalties for drunk driving, specifically for first-time offenders. The bill would change the law so that first-time offenders could choose between having their license revoked for up to a year or having an ignition interlock device installed on their car for a year. St. Petersburg DUI defense lawyer Melinda Morris said that particular portion of the bill is a step in the right direction.

“Although either option may be burdensome, the particular aspect of this bill pertaining to first-time offenders would at least provide options,” Morris said.

Rep. Dennis Baxley, who chairs the House Judiciary Committee, filed House Bill 479, which will add the DUI penalties. The bill must be passed by both the Florida House of Representatives and the Florida Senate before the end of the session May 3, and be signed by Gov. Rick Scott to become law.

HB 479 would give defendants convicted of their first DUI with a blood-alcohol content (BAC) of less than .15 and with no passengers under the age of 18 the option of choosing either to have their license revoked for six months to a year or to have an ignition interlock device installed in their car for one year. An ignition interlock device (IID) prevents a motor vehicle from starting until it has collected a breath sample with a sufficiently low alcohol content.

Under the current law, a person convicted of a first DUI in St. Petersburg will be sentenced to fines of $ 500 to $ 1,000, vehicle impoundment for up to 10 days, up to six months in jail and a driver’s license suspension for 180 days to one year. The court may order, on an individual basis, installation of an ignition interlock device.

Under HB 479, the court would still have the option of ordering both the ignition interlock device and the license suspension.

“The ignition interlock device is an unwieldy sentence with many costs associated, including fees to have it installed and uninstalled, but it may be a better option for many than a driver’s license suspension,” Morris said. “A Drivers License suspension can severely impact peoples lives as it directly affects their mobility for work and social purposes. This bill provides options.”

The bill the Legislature is currently considering is a significant improvement over the bill originally filed, that would have required all people convicted of a first DUI to have an ignition interlock device installed in their vehicles above and beyond the other penalties, including license suspension, Morris said. The current legislation is a committee substitute.

Other portions of the bill, would expand the mandatory sentence length for ignition interlock devices on DUI convictions other than for a first-time DUI:

A Wallin & Klarich client recently was able to avoid jail time and drivers license suspension after being charged with driving under the influence (DUI) in Old Town Temecula. The client was represented by experienced DUI defense attorney, Andrei F. Lapine, who assisted the client to hire an expert witness to testify that the client did not have a blood alcohol concentration over the legal limit. As a result of Mr. Lapines assistance, the client was able to maintain his job which he has had for over 15 years and avoid serving a lengthy jail sentence.

The client was extremely concerned about the prospect of losing his job if his drivers license was suspended. Thankfully we were able to craft a defense that led to us winning the DMV hearing and having the DUI charges reduced, said Mr. Lapine. The client completely avoided a suspension of his license and he was able to keep his job that he has had for over 15 years.

According to court record from Riverside Superior Court, the client was arrested for driving under the influence shortly after leaving a bar in Old Town Temecula. After his arrest, the client took two breath tests, which both registered at a .10 blood alcohol concentration. The client was charged with two DUI misdemeanors under California Vehicle Code section 23152, and faced the possibility of up to six months imprisonment in the county jail if convicted. The client also faced a separate six month drivers license suspension from the Department of Motor Vehicles (DMV) if convicted.

The client sought out the assistance of Mr. Lapine to help him fight against the DUI charges and avoid the severe consequences that would result from a conviction. The client expressed concern that a license suspension would cause him to lose his job of 15 years according to court documents. Keeping the clients concerns in mind, Mr. Lapine carefully reviewed the facts of the case and found that expert testimony would provide a strong defense to the charges. Mr. Lapine assisted the client to hire a forensic alcohol expert to examine the circumstances of the case. After reviewing the circumstances of the case, the expert concluded that the clients blood alcohol content was below the legal limit of .08 when he was driving, but had risen to .10 after he was stopped by the police.

At the DMV hearing the expert offered his testimony that the client had blood alcohol content under .08 at the time he was operating the vehicle according to court record. The experts testimony helped the client win the DMV hearing and maintain his driving privileges. In addition, Mr. Lapine was able to convince the District Attorney to reduce the charges to reckless driving, a lesser offense, after presenting the District Attorney with evidence of the experts testimony. As a result, the client never had his license suspended and was able to avoid spending six months in jail. Ultimately, the client was able to keep his job and move on with his life past the DUI charges.

About Wallin & Klarich

As a premier criminal defense and family law firm based in California, Wallin and Klarich ( http://www.WKLaw.com and http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients legal rights are always protected, we take the fear out of the legal fight.

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Riverside, CA 92501

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losangelesduiexpert.com 888.400.9721 Normally, the California DMV will suspend your license no matter if you win or lose your criminal case. This is due to the fact that the DMV has administrative authority over your driving privilege. So unless your attorney can win your DMV hearing, you will have your license suspended for at least five months after a DWI or DUI arrest. Don’t be alarmed. After a mandatory 30 suspension, you can apply for a restricted driver’s license for to and from work driving privileges and the like. The DMV can restrict repeat offenders for life, so it’s no joke. First don’t drink or be drugged out when you drive. If you do, you need experienced DUI attorneys. Call us or e-mail us at the number provided at 888-400-9721.

I am simply asking about the law on this matter. I was not provided any ‘guidelines’ for probation other than to abstain from illegal activity, which is a given. I know other people that want to know the answer to this question as well. I believe the government needs to inform people more properly of their limitations and rights before and after convictions such as this.

Best answer:

Answer by Sunshine
Like it matters, if you have had a DUI and have a revoked license, you’d be stupid as Hell to drink ever again anyways. It’s your responsibility to not endanger the lives of other innocent drivers, which you obviously cannot handle because you have an alcohol problem. Honestly, I think drunk drivers should be put away forever because they should be charged with 1000+ counts of attempted murder, because that’s what drunk driving really is!

P.S.- Living 18 years with an alcoholic father who never took responsibility for his own actions and had an endless supply of excuses for his drinking, DUI’s, lost license, failure to complete rehab, abuse of his wife and children, and endangering the lives of others while driving drunk? I think it puts me in the shoes of someone who knows what it’s like to have an alcoholic who won’t grow up and stop drinking.

Add your own answer in the comments!

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Restoring Driving Privileges after a DUI Revocation in Illinois – Prepared by the License Defense Law Group of Illinois:

Dealing with a revoked drivers license in Illinois, especially after a DUI, can be especially challenging and create a tremendous amount of anxiety in the petitioner. With that, it is important to address the relevant challenges petitioners generally face throughout this complex process and why it is never a good idea to “go it alone.” Unfortunately, Illinois license reinstatement following a revocation due to DUI is not easy. However, given todays turbulent economy and job market, it has become increasingly important to restore driving privileges and have an independent means of transportation. Not having a valid drivers license can certainly cost an individual a job and can create more problems and stress beyond the DUI.

So why hire an attorney? The benefits are significant. Unfortunately, those uneducated about the Illinois license reinstatement process are often under the impression that an Illinois license reinstatement hearing is no big deal. However, this cannot be further from the truth. On a regular basis, clients contact attorneys who specialize in this field after having being denied, most of them more than once. If a petitioner gets denied, the attorneys job in preparing both the documents and the client becomes increasingly difficult and time consuming and, therefore, more expensive. While legal representation is always recommended, having an experienced Illinois license reinstatement attorney advocate your interests is crucial. If the attorney the client retains fails to fully understand this process, it is likely that even legal counsel will not produce the results the client is looking for. For example, there are attorneys who choose not to communicate with the petitioners evaluator while preparing for their clients hearing. This is a critical mistake and often leads to a denial. It is imperative that both the attorney and the petitioners evaluator work hand-in-hand to ensure that the testimony the petitioner will give at the hearing accurately reflects what was prepared by the petitioners evaluator. If there is a lack of consistency, the petitioner will almost certainly be denied. So what should clients look for?

1) Recognize that the Illinois license reinstatement process following a revocation due to DUI is not an easy road to travel.

2) If the client decides not to retain an attorney, try to gather as much information as possible to increase the chances of prevailing at the hearing.

3) If the client does decide to retain an attorney, make sure the attorney understands the process and has significant experience dealing with Illinois license reinstatement hearings before the Illinois Secretary of State.

4) In addition, if the client retains an attorney, make sure the attorney works with the evaluator throughout the preparation process.

In conclusion, while a petitioner always retains the right to proceed pro se (i.e., represent themselves), it is always advisable to consult with an experienced attorney who understands the Illinois DUI license reinstatement process. If the petitioner is not thoroughly prepared and actively aware of what the Illinois Secretary of State is looking for, the chances of winning are slim. The License Defense Law Group deals with Illinois revoked drivers license hearings on a regular basis. Specific information will be provided to the client so that an informed decision going forward can be made. The License Defense Law Group of Illinois offers free initial consultations and would very much appreciate the opportunity to discuss these issues in more detail. Please feel free to contact the License Defense Law Group of Illinois at 773-527-6014 or visit http://www.licensedefenselawgroup.com for more information.

The License Defense Law Group Team

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Question by : My friend just got arrested for driving with a suspended license, what is going to happen?
He got a “DUI” in September for driving under the influence of alcohol under the age of 21. At the time, they didn’t arrest him, didn’t take his license away, but he had a probationary period of 30 days to contest the DUI.

He didn’t contest it, so his license was legally taken away. He decided to speed tonight and got pulled over. The cops pulled him over, breathalyzed him and found traces of alcohol, and arrested him. He is still under 21 and had barely anything to drink, but because he is underage, it was illegal. PLUS, he was driving with a suspended license.

He is currently in jail. We are worried about him. What is the worst case/best case scenario?
It happened in California.
It happened in California.

Best answer:

Answer by Stephen
he will go to jail for 3 years, minimum.

Give your answer to this question below!

The Law Offices of Russell J Matson, PC has helped more drivers than any other Massachusetts law firm get DUI license suspensions reduced, as allowed under a recent court ruling.

Since the Massachusetts Supreme Judicial Court ruling Souza v. Registrar of Motor Vehicles (SJC-11123) on 5/17/12, their office has successfully filed more Massachusetts Registry of Motor Vehicles appeals on behalf of its clients than any other law firm. The Souza decision resulted in a change in how the RMV is allowed to interpret license suspension durations in certain situations of multiple offense DUI convictions. The court ruled that the RMV was suspending licenses in some specific circumstances (2nd offense, breath test refusal, Prior offense Continued) for a longer duration than the law properly allowed.

My team has worked extremely hard responding to this decision, digging through hundreds of old case files to find past clients who are now eligible for relief, said Attorney Russell Matson. In addition, weve been fielding dozens of phone calls from our past clients and other individuals who want to know if this decision affects them, and if we can help restore their drivers licenses.

Since it is likely that the court ruling will soon be obsolete if the legislature amends the wording in the statute that allowed the RMVs previous license suspension practices, it has been necessary for those affected to act as quickly as possible.

It is immensely gratifying when I can call a past client out of the blue and let them know their license is restored thanks to our efforts on their behalf, he continued. Going the extra mile for clients is one of the cornerstones of my practice. And I never forget that our DUI clients are good people who either made a mistake, or are getting screwed by the system. And as defense lawyers, we are usually the only advocate for their interests.

For a free consultation on any Massachusetts DUI arrest, please contact us at (781) 380-7730.

The Law Offices of Russell J Matson, PC is a DUI and criminal defense lawyer in Massachusetts. Russell Matson is a recognized authority on Massachusetts DUI laws and related license loss issues and Registry of Motor Vehicles licensing hearings. Our web site is http://www.madrunkdrivingdefense.com and blog is http://www.massdui.com/blog/.

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2) Empty the prisons of defendants in the War on This and the War on That.

3) Everyone gets an adult pleasure license at the age of majority. As people abuse the pleasures and lose control, points accumulate. After some number, the license gets revoked. This allows people to enjoy their pleasures in peace, and stops the people who cannot handle them safely. So, the wife says, “You drink too much.” A point. Doc says, “Evidence of liver damage from alcohol.” Second point. Boss says, “Go home, you’re drunk.” Third and last point. You lose the drinking license.

4) Anyone supplying an unlicensed buyer gets draconian penalties, including the death penalty if the drunkard kills someone in a drunk driving crash.

5) By law, the cost of the license would be restricted to the cost of drawing up the license. It could never be a source of revenue for the government.

Best answer:

Answer by Eric H
It’s called prohibition – it’s been tried and didn’t work.

The problem with your idea is that alcoholics will continue to drink when they lose their pleasure licence and the mob will move in on that.

Then you’re right back where you started.

Give your answer to this question below!