WEST PALM BEACH, FLORIDA - DUI CHECK POINTS THIS WEEKEND!

The Palm Beach County Sheriff’s Office and other local law enforcement will be conducting drunken driving checkpoints this weekend. DUI saturation patrols are set to begin Friday and will continue through Saturday.

If you are planning to be out and about in Palm Beach County this weekend be careful, know your limit and know your rights. Be mindful of how much you drink and if you even think for a second you have had too much to drink DO NOT DRIVE!! It is not worth a DUI! Take a Cab or have a designated driver.

Matthew E. Mazur, Jr., Esq.

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For more information about Florida DUI Laws please visit www.floridaduianswers.com

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Do you know How Many Drinks It Takes To Get You Over The legal limit In Florida?

If you go out with friends to happy hour or a night out on the town, do you know when you have reached your legal limit? Most people don’t and quite frankly most people don’t give it much thought. In this new economy it is in your best interest to give it some thought as I predict that you will see greater enforcement of DUI laws as way to raise revenues in many states. The increased enforcement will be played up in the press and to the public as getting tougher on drunk driver’s but the reality is that most people don’t fight the charges and end up paying fines and costs between $2,000.00 to $5,000.00, or more depending upon their alleged Blood Alcohol Content at the time of arrest. This is easy money for the state.

So what can you do to protect yourself from being charged with DUI? First the easiest thing to do is don’t drink and drive, but we all know that is not going to happen for most people. That leaves you with several other options. You can have a designated driver for the night, buy that person dinner or give them some other reward for being the designated driver. Alternatively, you can take a cab instead of driving. This is probably an even safer option than having a designated driver, because sometimes the designated driver will have some drinks and you don’t even realize it. If neither of these two options works for you, then you should have a good idea of how many drinks it takes to put you at or over the legal limit.

The following chart was developed by the U.S. Department of Transportation, National Highway Traffic Safety Administration. The figures in the chart above are averages. There was no consideration to whether or not an individual has eaten or not eaten. There is no consideration as to whether or not a person is fatigued, on medications, suffering from a physical or emotional condition that may cause actual blood alcohol levels to be higher. Do not rely on this chart to determine whether or not you can legally drive. In the chart, One (1) Drink is equal to 1 ounce of 80 proof liquor (vodka, rum, tequila, etc.) or a 12 oz beer or 3 oz wine. The yellow boxes indicate where a person is at or over .08 legal limit in Florida. The red boxes indicate where a person is at or over .15 Blood Alcohol Content (BAC) level that results in enhanced penalties in Florida. This chart is only to be used as a guide. It is not accurate enough to be considered legal evidence.

 

BLOOD ALCOHOL CHART

 

Drinks in 1 hour

100 lbs

120 lbs

140lbs

160lbs

180lbs

200lbs

220lbs

240lbs

1

.04

.03

.03

.02

.02

.02

.02

.02

2

.08

.06

.05

.05

.04

.04

.03

.03

3

.11

.09

.08

.07

.06

,06

.05

.05

4

.15

.12

.11

.09

.08

.08

.07

.06

5

.19

.16

.13

.12

.11

.09

.09

.08

6

.23

.19

.16

.14

.13

.11

.10

.09

7

.26

.22

.19

.16

.15

.13

.12

.11

8

.30

.25

.21

.19

.17

.15

.14

.13

9

.34

.28

.24

.21

.19

.17

.15

.14

10

.38

.31

.27

.23

.21

.19

.17

.16

 When you are out drinking, remember that most drinks do not have just 1 ounce of liquor in them. The amount of alcohol in a drink depends heavily on the bartender. Mixed drinks typically have more than 1 oz of alcohol in them. A martini, for example, typically has 2 ½ to 3 ounces of alcohol in it. A Long Island Ice Tea typically has 4 to 6 ounces of alcohol in it. It is important to know what you are drinking as it will impact how fast you will reach or exceed the legal limit in Florida.

 

The advice I give my clients is know before you go out the number of drinks it takes to get you at or over the legal limit. Don’t drive if you think you are even close to the legal limit, it is not worth it!

 

Matthew E. Mazur, Jr, Esq.

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For more information on DUI in Florida please visit www.floridaduianswers.com

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You don’t have to be driving to get convicted of DUI in Florida - Florida DUI Answers

I recently handled a case for a young man who tried to do the right thing and still ended up with a DUI Conviction. He made the choice to take a plea in his case because he did not want to spend anytime in jail. I cannot blame him for that, I know I would not want to spend one day in jail.

The part of this case that bothers me is that he did the right thing, at least in my mind, and he still ended up with a conviction. My client was out with friends on South Beach and decided to call it a night and drive home. He started to drive home when he realized he was tired and maybe he had had a little bit more to drink than he had thought. So what does he do? He does what I would hope any logical person would do, he pulled off of the side of the road and parked to rest until he felt safe enough to continue his ride home. Unfortunately he did not have a cellphone with him to call a friend to come pick him up. So he did the logical thing, any of us would do in his situation, he reclined his seat and went to sleep. The problem with being logical is that some times the laws are not logical.

In Florida, my client was guilty of DUI at this point because he was in physical control of the vehicle, i.e. he was in the driver’s seat, the car was on (in park) and he was over the legal limit (when he was given a breath test almost an hour and a half after being arrested). With the law written the way it is written, a person trying to do the right thing can still end up being convicted of DUI. It did not matter that he was sound asleep and would have remained asleep, but for the police officer waking him up.

Would we rather have someone who realizes they shouldn’t be driving pull off the side of the road and stop driving or would we rather have them continue to drive? In my humble opinion, I would rather have that person pull off the side of the road and keep themselves and others on the road safe.

If you find yourself in a similar situation call someone to pick you up. Turn the car off. If it is safe wait outside the car for the person you called to pick you up. If it is not safe to wait outside the car, wait in the backseat put your keys in the glove compartment and close the glove compartment. Also, if the police do come upon you while you are on the side of the road be polite, the last thing you want to do is give them a reason to make the encounter personal.

The best thing you can do to avoid a DUI is to not drink and drive, call a cab, or to have a designated driver.

A DUI in Florida is a mandatory criminal conviction! This is more serious than many felonies and can affect the rest of your life. A conviction means that if you are guilty of the crime, then your DUI record cannot ever be erased, sealed or expunged. A DUI doesn’t go away. It can affect your present and future employment, admission to graduate schools, military options, and insurance rates. A DUI conviction in Florida will cause your insurance rates to skyrocket to as much as $3,000 to $5,000 per year for the next 3 to 5 years. Your driving privileges could be completely revoked. A DUI is just not worth the trouble, think before your drink.

Matthew E. Mazur, Jr., Esq.

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Learn more about DUI Laws in Florida

http://www.floridaduianswers.com

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Hello world! Welcome to our Florida DUI Answers Blog

This is the first post of the Florida DUI Answers Blog. The Florida DUI Answers Blog will provide useful information and commentary on DUI law in Florida.

Matthew E. Mazur, Jr., Esq.

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Learn more about DUI Laws in Florida

http://www.floridaduianswers.com

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