ARE YOU AWARE HOW MANY DRINKS CAN PUT YOU OVER THE LEGAL LIMIT?, According to Florida law, the legal breath alcohol content (or BAC) for someone who has been drinking alcohol is 0.08%. If you are caught with that degree of consumed alcohol, you can be punished. The police have the right to arrest you if you are caught driving your car while under the influence of alcohol.

Understandably, this varies with the weight and size of the individual. If your weight is between 90 and 109 pounds, and you have consumed some four ounces of wine, around 12 ounces of beer, or a shot glass of 80-proof liquor, the amount of alcohol in your breath will remain between approximately .05 and .08%. At this measurement, you senses are likely impaired, and if you drive a car you may become involved in an accident. If you consume another beer, your BAC will likely reach .08% or over. Continuing this pattern of consuming liquor, your BAC will constantly rise, and you shall will be considered legally drunk. Under these circumstances, you should not and likely cannot drive a car in such a drunken state without posting a great risk to yourself and others on the road. Your ability to understand, think, function, and your judgment will be seriously impaired. If you or a friend finds themselves in a situation where an arrest for driving impaired has occurred, you will need the services of a Jacksonville DUI lawyer.  The professionals at Musca Law are here to help.

A Jacksonville DUI lawyer finally says that a person’s blood alcohol concentration will also vary according to your build, gender, and current state of health.

A Jacksonville woman wants her driver’s license back after being arrested for DUI because the Jacksonville Beach cop who initially pulled her over was out of his jurisdiction and did not have the authority to stop her, a lawsuit says.

The off-duty officer saw Oksana P. swerve through lanes and nearly hit another car while driving May 22 on Beach Boulevard at Suni Pines Boulevard, the suit says.

The officer pulled her over and then called in the Jacksonville Sheriff’s Office, who arrested her for DUI, a misdemeanor charge.

Since Oksana declined to take a breath test, and her license was suspended for one year, according to the DMV.

However, Oksana attorney said officers are only supposed to stop a car when they feel a felony is taking place. He has filed a lawsuit in his client’s behalf to challenge her driving suspension.

According to an officer with the Sheriff’s Office, though, the DMV could say Oksana’s driving was putting the safety of others in jeopardy and might have thereby committed a felony had the officer not pulled her over.

Her lawyer said he could not further elaborate on the details of his client’s criminal trial or civil dispute with the DMV.

He did say his objective in the lawsuit is for his client to get her driving privileges back, not for any possible monetary award.

Oksana pleaded not guilty in her criminal case in June and is awaiting trial.

If you’ve been charged with DUI, there’s a good chance your arrest was illegal. Like, for example, the police officer who arrested you did not have the jurisdictional right to stop you in the first place. We must all play by the rules. To discuss your DUI case, contact a Jacksonville DUI attorney at Musca Law right now.

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The Florida Highway Patrol will be conducting a D.U.I. Enforcement Detail Sept. 23-24 in Collier County. The objective is to reduce alcohol related traffic fatalities, traffic crashes and other criminal activities.

Since DUI related crashes result in more deaths each year than total homicides, it is quite obvious impaired driving and impaired related crashes constitute a major threat to the safety and well being of the public. Reducing the deaths and injuries associated with this violation is one of the most important goals of this and other law enforcement agencies.

By the use of D.U.I. Enforcement Details along with continuing public information and education, we hope to maximize the deterrent effect and

increase the perception of “risk of apprehension” of motorist who would operate a vehicle while impaired by alcohol or drugs.

Although DUI checkpoints are in direct violation of the Constitution’s 4th amendment, they continue and will continue to be conducted. However, a DUI arrest at one of these checkpoints are very vulnerable to be dropped.

Charged with DUI in Jacksonville? Contact a Jacksonville DUI attorney at Musca Law today for a free phone consultation to discuss your legal options.

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Abel H., spokesman for Jacksonville Mayor Alvin Brown, faces DUI charges in Bradford County, jail records show.

He has been put on administrative leave from City Hall, Brown’s chief of staff, Chris Hand, said in a written statement.

Hand declined any further comment.

Abel, 38, was arrested Saturday by police from Hampton, a small community near U.S. 301, according to a jail website.

He had attended the University of Florida Gators football game in Gainesville Saturday evening.

Abel was booked about 11:30 p.m. Saturday on a charge of driving under the influence and was released Sunday, the jail website said.

He declined to talk to a reporter Monday night, citing advice of his lawyer.

Abel is a former banker, blogger and Times-Union columnist, who became Brown’s communications director when the mayor took office July 1.

Online court records from Duval, Clay, Nassau, St. Johns and Putnam counties don’t reflect any prior arrests.

If you’ve also been charged with DUI, don’t panic. Instead, contact a Jacksonville DUI attorney at Musca Law for a free legal consultation. We’ve helped many people like you avoid being convicted.

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The Jacksonville police officer who crashed into an 18-year-old last week, now charged and arrested on multiple charges including DUI.

The Florida Highway Patrol concluded their investigation on Thursday. The crash happened on August 24th near County Road 210.

Officer Michael R. is being charged with DUI, driving on the opposite side of the road, property damage while DUI, and for having an open container of alcohol.

The 18-year-old man he crashed into was not severely injured; both were transported to the hospital at the time for minor injuries.

The reason the officer was not arrested at the scene was because of those injuries. You can refuse a field sobriety test in order to receive treatment, but he also refused blood work after he was treated.

After the crash, Michael was placed on desk duty with his police powers completely suspended. According to an email sent by JSO public information officer Melissa Bujeda, he was informed at that time of JSO’s intent to fire him.

Friday morning, Michael tendered his resignation to the Jacksonville Sheriff’s Office, effective immediately.

RIP – Jacksonville DUI Attorneys

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While handing out awards at a ceremony Thursday to various officers and staff, Jacksonville Sheriff John Rutherford talked about how proud he is of their accomplishments, but he also addressed how he was disappointed to have to talk about a case that is negatively affecting the Sheriff’s Office’s reputation.

“When this agency has employees who do not follow polices and procedures or the law, that they will be held accountable,” Rutherford said.

Officer Michael R. has not been arrested, but the Florida Highway Patrol says he was drinking and then drove his police cruiser home from work and crashed into another car early Wednesday.

The Sheriff’s Office said late Thursday afternoon that Michael has been assigned to desk duty effective immediately while the investigation continues.

State troopers said Michael was driving westbound on Greenbriar Road near county Road 210 in St. Johns County when he crossed the center line and struck an eastbound 2007 Ford Mustang head on about 2 a.m.

The Mustang then lost control and spun around. Both Michael and the driver of the Mustang, 18-year-old Joshua Carter, were hospitalized with minor injuries.

Troopers said there is evidence that beer was spilled in the officer’s car. They said they smelled alcohol on his breath.

At the hospital, troopers said, Michael refused a blood-alcohol test. He was treated and released, and so far, has not been arrested or charged with DUI.

Rutherford said he will need to look into whether the situation was handled correctly, even though FHP is the agency investigating.

“I don’t know what his condition was at the scene. That is up to FHP,” Rutherford said. “What I can tell you is you don’t necessarily have to make an arrest that night. An arrest could follow later. I don’t know. We are not investigating it.”

While FHP is investigating the crash, the Sheriff’s Office is also conducting its own investigation.

Michael’s record shows involvement with several traffic accidents over the years, including two earlier this year, but the Sheriff’s Office says the details of those accidents are no longer available.

Michael was also investigated for an in-house violation of the Sheriff’s Office’s drug policy. The sheriff said he can’t talk about that.

Documents Channel 4 obtained Thursday show Michael was accused of stealing prescription drugs from a suspect. An Internal Affairs report says there was no evidence to charge him with that, but they did find he was using prescription drugs that were prescribed to his wife. That is against policy, and he was reprimanded for that, according to the report.

Michael was also reprimanded for using his take-home police cruiser for personal shopping outside the county, according to the report.

“Oh, he is not going to get special treatment,” Rutherford said. “He will be dealt with as the law requires at the proper time. It’s in FHP’s hands. I am sure they will do the right thing.”

The sheriff did say that if the investigation proves Michael was drunk, he’ll be fired.

“Three things I terminate for first time, every time is departure from the truth, driving a city vehicle DUI and convicted for domestic violence,” Rutherford said. “If you commit any of those as a law enforcement officer or employee of this department, you will be fired first time, every time.”

I could never understand why law enforcement would ever get special treatment in a case like this. Shouldn’t, if anything, we be more harsh on people who are expected to hold up the law?

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Q. I lost my license after a Jacksonville DUI conviction. How long do I have to wait before I can get my driver’s license back?

A. Florida generally revokes your driving privileges for anywhere from 6 months to 1 year from the date you are convicted of a Florida DUI on a first offense without any aggravating factors. Certain aggravating factors may lengthen this suspension, such as: causing an accident with property damage or personal injury; having a minor in the vehicle; or submitting a breath test result in excess of .15. The statute requires a minimum suspension of 6 months, but any number of factors may result in a longer suspension.

Florida does allow you to apply for a hardship license after a first-time DUI conviction. The Administrative Reviews Office requires that you complete a DUI school and a substance abuse evaluation. There are also waiting periods that apply. Generally for a first offense DUI, the driver must complete 30 days of no driving if the driver took the breath test or 90 days of no driving if the driver refused the breath test before becoming eligible for a hardship license.

You may wait until your license revocation period ends before you apply to have your license reinstated. Applying for a hardship license is not mandatory, expect to prove that you have attended DUI school and a substance abuse evaluation. If your substance abuse evaluator recommends any additional treatment or counseling, you will generally be able to acquire the hardship license, but it will be rescinded if you do not abide by the recommended counseling or treatment. Retaining an attorney with knowledge of the Jacksonville area can greatly simplify the process of getting your license back after a DUI.

Read more Q & A With Musca Laws Jacksonville DUI Attorneys.

Or, if you’ve been charged or suspect you will be charged with DUI, you have little time to waste and should contact a Jacksonville DUI attorney at our firm right now. Call 904-236-4110 for your free phone consultation.

A former cop, who used to charge people with DUI in Jacksonville, has been charged with DUI, reports news4jax.

Police said Ronald J. he was driving erratically Friday night in Riverside and struck a fence and several cars on Ernest Street. Ronald is charged with DUI and leaving the scene of an accident.

Police said an officer spotted Ronald parked in the middle of a travel lane. When the officer drove up, Ronald drove off and was eventually pulled over.

The officer wrote in a police report that during the traffic stop, “I could smell a strong odor of an alcoholic beverage on his breath. I contacted the dispatcher and called for the DUI unit. While waiting for the DUI unit, the driver asked me if I was going to arrest him for DUI. I asked him, ‘Why? Have you been drinking?’ He replied, ‘Yes.’”

Ronald refused a breath test, according to the report.

In January, Ronald was involved in an altercation at a Jacksonville police training academy. Police said he stormed out of the academy and apparently made threats against a judge and a lawyer. The judge was given extra security at the courthouse until Ronald was taken into protective custody.

Three days later, after Channel 4 aired the story, the lawyer for Chester Hall, who had been previously arrested by Ronald on a DUI charge, contacted Channel 4 and showed surveillance video of what he said was Ronald punching Hall in the face while he was in handcuffs in December 2009.

Ronald was eventually cleared in a Jacksonville Sheriff’s Office internal investigation.

If you’ve too been charged with DUI in Jacksonville, there’s a very good chance you could avoid losing your license and avoid being convicted. To discuss these matters, contact a Jacksonville DUI attorney at our firm today.

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Ali Baba, a Jacksonville hookah bar, is being sued for serving an underage drinker who was involved in fatal car accident.

The crash happened just after midnight November 14, 2010.  Maida S., 19, had a 12:30 a.m. curfew.  Maida was on her way home and only minutes away when her car was hit, and she was killed.

Police arrested 20-year-old Robert T.  He is charged with DUI and vehicular homicide.

“Somebody knock(ed) on our door at four o’clock in the morning and the horrible thing is it’s the policeman,” said Nida S., Maida’s mother.

Nida said her daughter was her best friend.  She said the 2010 Sandalwood High School graduate had big plans for her life.  She was studying to be a pharmacist.

An FHP investigative report notes that Robert’s blood alcohol level was .204.  “Why you would serve an underage alcoholic to the extent he’s almost three times the legal limit. That is shocking,” said the family’s attorney.

Nida’s attorney said Robert, a US Navy sailor, had just gotten out of rehab and was drinking at the Ali Baba Hookah bar minutes before the crash.

“If they had obeyed the law and not served an underage alcoholic drinker this accident would have never happened,” said Nida’s attorney.

Robert’s attorney told First Coast News his underage client drank at the bar numerous times.

Nida’s attorney said they have witnesses that back up that statement,  “The bar has a reputation for serving underage people,” said Nida’s.

Nida’s attorney points to Facebook postings his staff found.  One posting reads, “I hear you don’t need to be 21 to drink here.”

“The postings were numerous of, you want to drink and underage this is a place that will serve you,” said Nida’s attorney.

The bar’s manager wasn’t on site on Thursday.  First Coast News spoke to him by phone.  When asked if the bar serves underage patrons, the manager, named JJ, told us he couldn’t talk to us.

“I’m just praying to God that my daughter can save somebody’s life,” said Nida.

In a way her daughter already has.  Her parents learned their daughter was an organ donor and one her lungs is now helping someone to live.

“The person already told me that she has a very wonderful life because of my daughter’s organ,” said Nida.

Robert’s criminal case is pending.  His attorney said Robert is working with Maida’s family and that Robert plans to testify and tell what happened that night when the civil case goes to trial.

Updates as they are available.

RIP Maida – Jacksonville DUI defense lawyers

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Jacksonville police said they arrested a man after a short pursuit on the Westside in which the suspect tried to ram a police cruiser.

The chase started on La Moya Avenue and went into an apartment complex off Confederate Point Road, where the SUV struck a tree near a building about 5 p.m., police said.

Witnesses said the driver was fleeing at a high-speed before the crash.

It’s unclear what started the pursuit. No one was hurt in the chase and crash.

The man’s identity was not immediately released.

As I’ve said on here many times before, it’s very rare that fleeing police is ever a good legal decision. This man would’ve been much better off abiding by police instruction and then contacting a Jacksonville DUI lawyer ASAP.

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