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DUI Defense
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Criminal Traffic Defense
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Traffic Violations
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Florida DUI Penalties
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Hardship License Info.
~ DUI
Appeals
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Driving Under Suspension
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Vehicle Forfeiture
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DUI School Requirements
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Administrative Suspensions
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Sobriety Tests
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Alcohol Acceleration Factors
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Stages of Intoxication
Law Offices of
Jeffrey A. Herzog, P.A.
3106
ALT US 19
Palm Harbor, FL 34683
Toll Free: (866) 789-4002
Phone: (727) 789-4000
Fax: (727)
789-4002
DUI Defense Attorney & Lawyer legal services for the following
areas:
Palm
Harbor
Clearwater
New Port Richey
Hillsborough County
Pasco County
Pinellas County
Trinity
Safety Harbor
Tarpon Springs
Oldsmar
Odessa
Holiday
Zephyrhills
Port Richey
The longer one
waits to obtain the legal advice and services of an experienced attorney or lawyer
in legal matters; the ability to
achieve a successful or desired result
may be dramatically reduced.
|
Palm Harbor
DUI Attorney
& Lawyer providing professional DUI Defense, Driving Under
The Influence legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities.
 Administrative
Suspension of Persons Under the Age of 21 for Driving With an
Alcohol Level .02 or Above
Section 322.2616, Florida
Statutes, authorizes law enforcement officers having probable cause
to believe that a motor vehicle is being driven by or is in the
actual physical control of a person who is under the age of 21 while
under the influence of alcoholic beverages or who has any alcohol
level may lawfully detain this person and may request them to submit
to a test to determine the alcohol level. This violation is neither
a traffic infraction nor a criminal offense, nor does being detained
under this statute constitute an arrest.
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First Suspension for Persons Under
the Age of 21 With An Alcohol Level .02 or above: 6
months.
-
Second or Subsequent Suspensions 1
year.
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First Suspension for Refusal to
Submit to Breath Test: 1 year.
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Second or Subsequent Suspensions
for Refusal: 18 months.
-
The suspension is effective
immediately. If the breath or blood alcohol level is .05 or higher
the suspension shall remain in effect until completion of a
substance abuse evaluation and course. The officer will issue the
driver a temporary permit effective 12 hours after issuance which is
valid for 10 days, provided the driver is otherwise eligible.
Administrative Suspension Law - s.
322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.
-
First Suspension for Driving With
an Unlawful Alcohol Level (.08 or above): 6 months.
-
Second or Subsequent Suspensions
for Driving With an Unlawful Alcohol Level (.08 or above): 1
year.
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First Suspension for Refusal to
Submit to Breath, Urine or Blood Test: 1 year.
-
Second or Subsequent Suspensions
for Refusal: 18 months.
-
The suspension is effective
immediately The officer will issue the driver a temporary permit
valid for 10 days from the date of arrest, provided the driver
is otherwise eligible.
Administrative Disqualification Law
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First Disqualification for Driving
a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04
or above): 1 year disqualification.
-
driving a motor vehicle while he or
she is under the influence of alcohol or a controlled substance: 1
year disqualification.
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First Disqualification for Refusal
to Submit to Breath, Urine or Blood Test Arising from the Operation
of a Commercial Motor Vehicle: 1-year disqualification
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Second or Subsequent
Disqualification for Refusal to Submit to Breath, Urine, or
Blood Test Arising from the Operation of a Commercial Motor Vehicle:
permanently disqualified.
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Second or Subsequent
Disqualification of driving a motor vehicle while he or she is
under the influence of alcohol or a controlled substance:
Permanently disqualification.
-
The disqualification is effective
immediately upon refusal of the breath, urine or blood test or
determination that the driver has a blood alcohol level of .08 or
above, while operating or in actual physical control of a commercial
motor vehicle. The officer will issue the driver a temporary permit
which is valid for 10 days from the date of arrest or
disqualification, provided the driver is otherwise eligible.
However, the permit does not authorize the operation of a commercial
motor vehicle for the first 24 hours of disqualification.
Review Hearings For Administrative
Suspensions And Disqualifications
Sections s. 322.2615 and s. 322.64,
F.S., authorize the Department of Highway Safety and Motor
Vehicles upon the request of the driver to conduct formal and
informal reviews for the purpose of sustaining, amending or
invalidating administrative suspensions and disqualifications. The
decisions of the department shall not be considered in any trial for
a violation of s. 316.193, F.S., nor shall any written
statement submitted by a person in his request for review be
admissible into evidence against him in any such trial. The
disposition of any related criminal proceedings shall not affect a
suspension/disqualification.
Business or Employment Reinstatement:
1.Suspension for Driving With an
Unlawful Alcohol Level of .08 or above or Refusal: Must show
proof of enrollment in DUI school and apply for an administrative
hearing for possible hardship reinstatement. For unlawful alcohol
level must serve 30 days without driver license or permit prior to
eligibility for hardship reinstatement. For first refusal must serve
90 days without driver license or permit prior to eligibility for
hardship reinstatement. No hardship reinstatement for two or more
refusals.
2. Suspension - Persons Under Age
of 21 Driving With a Breath Alcohol Level of .02 or above: Must
complete a Traffic Law and Substance Abuse Education course
before hardship reinstatement. .05 or higher, must complete DUI
program prior to eligibility for hardship reinstatement. Must serve
30 days without driver license or permit prior to eligibility for
hardship reinstatement.
Hardship License Prohibited:
1. Florida law prohibits any hardship reinstatement upon 2nd or
subsequent suspension for test refusal or if driver has been
convicted of (DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle
cannot obtain a hardship license to operate a commercial motor
vehicle.
As a law firm providing experienced
DUI
defense attorney
& lawyer
legal services in Palm Harbor, Clearwater, New Port
Richey or Southwest Florida, we are committed to
protecting the legal rights of each and every client, while always
striving to provide
the highest standard of legal representation.
 If
you have been charged with a DUI
crime in
Palm Harbor,
Clearwater, New Port Richey or Southwest Florida, contact an experienced
dui attorney
& lawyer at
the
Law Offices of Jeffrey A. Herzog, P.A., today by calling
Toll Free: (866)-789-4002
/
Locally:
(727) 789-4000,
or
email with any questions, comments, or concerns,
or to schedule a confidential legal consultation.
 If you require professional legal advice and
representation in
Palm Harbor,
Clearwater,
New Port Richey, and surrounding Southwest
Florida counties, make sure your legal rights
are protected by seeking the legal advice of an
experienced attorney & lawyer.
Contact
The Law Office of Jeffrey A. Herzog, P.A., todthe
Law Offices of Jeffrey A. Herzog, P.A.,ay by calling
Toll Free: (866)-789-4002
or
Locally at
(727) 789-4000
to schedule a confidential legal consultation.
Call Us Now Toll Free: (866)-789-4002
/ Locally: (727) 789-4000
Palm Harbor
DUI Attorney
& Lawyer providing professional DUI Defense, Driving Under
The Influence legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities. |
