DUI Lawyer Andrew Parks Miami Florida DUI Lawyer - Miami Florida DUI Attorney - Parks & Braxton The hiring of a lawyer is an important decision and should not be based on advertising alone. Before you decide, ask us to send you free written information about our qualifications and experience. Florida DUI Lawyer Andrew Parks is a Florida DUI lawyer who has been representing clients in Florida for many years. He and his partner Michael Braxton know Florida DUI law and can give you advice about Florida DUI law and how it relates to your DUI arrest in the state of Florida. Florida DUI law is complicated and often changes. Michael Braxton is a Florida DUI attorney who knows Florida DUI law and keeps up on the latest changes. Mr. Braxton and Parks have successfully defended thousands of clients accused of DUI in Florida. Florida DUI law provides harsh penalties for a DUI conviction. Florida DUI attorneys and lawyers who have experience dealing with both sides of Florida DUI law may be able to aggressively represent you for a Florida DUI defense. Florida DUI law changes often and although any attorney in Florida could defend your case dealing with a Florida DUI arrest, you may want to consider using an Florida attorney who has experience with Florida DUI law and works in all the courts that handle Florida DUIs. Click here for more information on Florida DUI law, Florida DUI lawyers, and Florida DUI attorneys. Florida DUI law is complicated and only Florida attorneys who keep up with the current state of Florida DUI law are preferable. Parks & Braxton have many years of experience as attorneys in Florida. Each is a Florida DUI attorney who knows Florida DUI law and keeps up on the latest changes. They have successfully defended thousands of clients accused of DUI and other crimes in Florida. Florida DUI law provides harsh penalties for a DUI conviction in the state of Florida. Florida DUI attorneys and lawyers who have experience with both sides of Florida DUI law may be able to aggressively represent your case dealing with a Florida DUI. If you have any questions about Florida DUI law, or want to speak to a Florida DUI attorney, call Florida DUI lawyer Andrew Parks or Michael Braxton, today. They can answer your questions about Florida DUI law and talk to you, for free, about your Florida DUI case that arose anywhere in the state of Florida. LEARN ABOUT THE BREATH MACHINE Click Here HOW STRONG IS YOUR CASE? Click Here WHAT ABOUT MY DRIVER'S LICENSE? Click Here OUR RECENT COURT VICTORIES SPEAK FOR THEMSELVES! Click Here FLORIDA DUI LAWYER Parks and Braxton, your Florida DUI Lawyers Aggressive Florida DUI Defense . How do you challenge a DUI? With experience. The experience that comes from representing thousands of clients charged with a DUI. The lawyers at Parks and Braxton have thousands of courtroom trials to their credit, and countless dismissals of charges due to evidentiary issues and discovery of police misconduct. They defend driver's license hearings on a regular basis and teach seminars on how to challenge a DUI. You need an advocate. Many lawyers believe in a policy of plea-bargains and clock watching. But a Florida DUI Attorney who works for Parks and Braxton is an advocate. A true advocate that fights for your best interests. The state of Florida has scores of police, attorneys, and scientific experts representing their cases. Who do you have to represent yours? Do you have someone who has worked for the state attorney's office and knows what the strategies are on the other side of the aisle? Do you have someone who regularly publishes articles on how to defend DUI cases? Do you have someone who has actually taught the police how to administer the Field Sobriety Tests? The Florida DUI Lawyers of Parks and Braxton can provide solid defense for someone charged with a Florida DUI. Andrew Parks, Michael Braxton, and Bill Direnzo are Florida DUI Lawyers who have a reputation for aggressively defending Florida DUI cases. The firm's dedication to the defense of Florida DUI has led to overwhelming success in the courtroom. Read about our court victories to see that we offer aggressive Florida DUI representation for our clients. For more information about the qualifications and experience of the lawyers at Parks and Braxton, click here . Parks & Braxton, your resource for a Florida DUI Lawyer , feels you should be kept up to date on the latest changes to the Florida DUI law, so that you can make informed decisions when selecting a Florida DUI Attorney. Please review our DUI information so that you will know your rights under Florida law. For the most recent legislative changes, which took effect in 2002, click here . Please note, however, that this material is for informational purposes only. If you are facing a Florida DUI charge it is absolutely essential that you contact Parks & Braxton, Florida DUI Lawyers, for aggressive DUI defense. Call us 24 hours/7 days a week and speak directly to one of the partners SE HABLA ESPAOL Our offices are located in Broward , Dade , Palm Beach , Orange and Hillsborough Counties Dade (305) 655-2900 ( click for directions ) Broward (954) 385-5651 ( click for directions ) Palm Beach (561) 659-5201 ( click for directions ) Orange (407) 246-6384 ( click for directions ) Hillsborough (813) 228-7509 ( click for directions ) Send E-mail to: info@floridaduidefenders.com Find out how you may be able to prevent one incident from lasting a lifetime... 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intoxicated driving offense. (d) Section 164 Regulation Section 164 Regulation Revised 3/6/01 Final Rule for Section 164 23 CFC Part 1275 PART 1275--REPEAT INTOXICATED DRIVER LAWS Sec. 1275.1 Scope. 1275.2 Purpose. 1275.3 Definitions. 1275.4 Compliance criteria. 1275.5 Certification requirements. 1275.6 Transfer of funds. 1275.7 Use of transferred funds. 1275.8 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 164; delegationof authority at 49 CFR 1.48 and 1.50. Source: 63 FR 55802, Oct. 19, 1998, asamended at 65 FR 59112, Oct. 4, 2000. Effective Date: October 4, 2000 1275.1 Scope. This part prescribes the requirements necessary to implement Section 164 of Title 23, United States Code, whichencourages States to enact and enforce repeat intoxicated driver laws. 1275.2 Purpose. The purpose of this part is to specify thesteps that States must take to avoid thetransfer of Federal-aid highway funds fornoncompliance with 23 U.S.C. 164. 1275.3 Definitions. As used in this part: (a) Alcohol concentration means grams ofalcohol per 100 milliliters of blood or gramsof alcohol per 210 liters of breath. (b) Driver's motor vehicle means a motorvehicle with a title or registration on whichthe repeat intoxicated driver's name appears. (c) Driving while intoxicated means drivingor being in actual physical control of a motorvehicle while having an alcoholconcentration above the permitted limit asestablished by each State, or an equivalentnon-BAC intoxicated driving offense. (d) Driving under the influence has the samemeaning as ''driving while intoxicated.'' (e) Enact and enforce means the State's lawis in effect and the State has begun toimplement the law. (f) Ignition interlock system means a State-certified system designed to prevent driversfrom starting their car when their breathalcohol concentration is at or above a presetlevel. (g) Impoundment or immobilization means the removal of a motor vehicle from arepeat intoxicated driver's possession or therendering of a repeat intoxicated driver'smotor vehicle inoperable. For the purposeof this regulation, ''impoundment orimmobilization'' also includes the forfeitureor confiscation of a repeat intoxicateddriver's motor vehicle or the revocation orsuspension of a repeat intoxicated driver'smotor vehicle license plate or registration. (h) Imprisonment means confinement in ajail, minimum security facility, communitycorrections facility, house arrest withelectronic monitoring, inpatientrehabilitation or treatment center, or otherfacility, provided the individual underconfinement is in fact being detained. (i) License suspension means a hard suspension of all driving privileges. (j) Motor vehicle means a vehicle driven or drawn by mechanical power andmanufactured primarily for use on public highways, but does not include a vehicleoperated solely on a rail line or a commercial vehicle. (k) Repeat intoxicated driver means a personwho has been convicted of driving whileintoxicated or driving under the influence ofalcohol more than once in any five-yearperiod. (l) Repeat intoxicated driver law means aState law that imposes the minimumpenalties specified in 1275.4 of this partfor all repeat intoxicated drivers. (m) State means any of the 50 States, theDistrict of Columbia or the Commonwealth of Puerto Rico. 1275.4 Compliance criteria. (a) To avoid the transfer of funds asspecified in 1275.6 of this part, a State must enact and enforce a law thatestablishes, as a minimum penalty, that all repeat intoxicated drivers shall: (1) Receive a driver's license suspension of not less than one year; (2) Be subject to either-- (i) The impoundment of each of the driver's motor vehicles during the one-year license suspension; (ii) The immobilization of each of the driver's motor vehicles during the one-year license suspension; or (iii) The installation of a State-approved ignition interlock system on each of the driver's motor vehicles at the conclusion of the one-year license suspension; (3) Receive an assessment of their degree of alcohol abuse, and treatment as appropriate; and (4) Receive a mandatory sentence of-- (i) Not less than five days of imprisonment or 30 days of community service for a second offense; and (ii) Not less than ten days of imprisonment or 60 days of community service for a third or subsequent offense. (b) Exceptions. (1) A State may provide limited exceptions to the impoundment or immobilization requirements contained in paragraphs (a)(2)(i) and (a)(2)(ii) of this section on an individual basis, to avoid undue hardship to any individual who is completely dependent on the motor vehicle for the necessities of life, including any family member of the convicted individual, and any co-owner of the motor vehicle, but not including the offender. (2) A State may provide limited exceptions to the requirement to install an ignition interlock system on each of the offender's motor vehicles, contained in paragraph (a)(2)(iii) of this section, on an individual basis, to avoid undue financial hardship, provided the State law requires that the offender may not operate a motor vehicle without an ignition interlock system. (3) Such exceptions may be issued only in accordance with a State law, regulation or binding policy directive establishing the conditions under which vehicles may be released by the State or under Statewide published guidelines and in exceptional circumstances specific to the offender's motor vehicle, and may not result in the unrestricted use of the vehicle by the repeat intoxicated driver. 1275.5 Certification requirements. (a) Until a State has been determined to bein compliance, or after a State has beendetermined to be in non-compliance, withthe requirements of 23 U.S.C. 164, to avoidthe transfer of funds in any fiscal year,beginning with FY 2001, the State shallcertify to the Secretary of Transportation, onor before September 30 of the previousfiscal year, that it meets the requirements of 23 U.S.C. 164 and this part. (b) The certification shall be made by anappropriate State official, and it shallprovide that the State has enacted and is enforcing a repeat intoxicated driver law thatconforms to 23 U.S.C. 164 and Sec. 1275.4of this part. (1) If the State's repeat intoxicated driverlaw is currently in effect and is beingenforced, the certification shall be worded as follows: (Name of certifying official), (positiontitle), of the (State or Commonwealth) of______, do hereby certify that the (State orCommonwealth) of ______, has enacted andis enforcing a repeat intoxicated driver lawthat conforms to the requirements of 23U.S.C. 164 and 23 CFR 1275.4, (citations topertinent State statutes, regulations, case lawor other binding legal requirements,including definitions, as needed). (2) If the State's repeat intoxicated driverlaw is not currently in effect, but willbecome effective and be enforced byOctober 1 of the following fiscal year, thecertification shall be worded as follows: (Name of certifying official), (positiontitle), of the (State or Commonwealth) of______, do hereby certify that the (State or Commonwealth) of ______, has enacted arepeat intoxicated driver law that conformsto the requirements of 23 U.S.C. 164 and 23CFR 1275.4, (citations to pertinent Statestatutes, regulations, case law or otherbinding legal requirements, includingdefinitions, as needed), and will becomeeffective and be enforced as of (effective date of the law). (c) An original and four copies of thecertification shall be submitted to theappropriate NHTSA RegionalAdministrator. Each Regional Administrator will forwardthe certifications to the appropriate NHTSAand FHWA offices. (d) Once a State has been determined to bein compliance with the requirements of 23U.S.C. 164, it is not required to submitadditional certifications, except that theState shall promptly submit an amendmentor supplement to its certification providedunder paragraphs (a) and (b) of this sectionif the State's repeat intoxicated driverlegislation changes or the State ceases to enforce its law. 1275.6 Transfer of funds. (a) On October 1, 2000, and October 1,2001, if a State does not have in effect or isnot enforcing the law described in 1275.4,the Secretary shall transfer an amount equalto 1 1/2 percent of the funds apportioned tothe State for the fiscal year under each of 23U.S.C.104(b)(1), (b)(3), and (b)(4) to theapportionment of the State under 23 U.S.C.402. (b) On October 1, 2002, and each October1 thereafter, if a State does not have in effector is not enforcing the law described in 1275.4, the Secretary shall transfer anamount equal to 3 percent of the fundsapportioned to the State for the fiscal yearunder each of 23 U.S.C. 104(b)(1), (b)(3),and (b)(4) to the apportionment of the Stateunder 23 U.S.C. 402. (c) On October 1, the transfers to section402 apportionments will be made based onproportionate amounts from each of theapportionments under 23 U.S.C.104(b)(1),(b)(3) and (b)(4). Then the Stateswill be given until October 30 to notifyFHWA, through the appropriate DivisionAdministrator, if they would like to changethe distribution among 23 U.S.C.104(b)(1),(b)(3) and (b)(4). 1275.7 Use of transferred funds. (a) Any funds transferred under 1275.6may: (1) Be used for approved projects for alcohol-impaired driving counter-measures;or (2) Be directed to State and local lawenforcement agencies for enforcement oflaws prohibiting driving while intoxicatedor driving under the influence and otherrelated laws (including regulations),including the purchase of equipment, thetraining of officers, and the use of additionalpersonnel for specific alcohol-impaireddriving countermeasures, dedicated toenforcement of the laws (includingregulations). (b) States may elect to use all or a portion ofthe transferred funds for hazard eliminationactivities eligible under 23 U.S.C. 152. (c) The Governor's Representative forHighway Safety and the Secretary of theState's Department of Transportation foreach State shall jointly identify, in writing tothe appropriate NHTSA Administrator andFHWA Division Administrator, how thefunds will be programmed amongalcohol-impaired driving programs, hazardelimination programs, and planning andadministration costs, no later than 60 daysafter the funds are transferred. (d) The Federal share of the cost of anyproject carried out with the funds transferredunder 1275.6 of this part shall be 100percent. (e) The amount to be transferred under 1275.6 of this Part may be derived fromone or more of the following: (1) The apportionment of the State under 104(b)(1); (2) The apportionment of the State under 104(b)(3); or (3) The apportionment of the State under 104(b)(4). (f)(1) If any funds are transferred under 1275.6 of this part to the apportionmentof a State under Section 402 for a fiscal year,an amount, determined under paragraph (f)(2) of this section, of obligation authoritywill be distributed for the fiscal year to theState for Federal-aid highways and highwaysafety construction programs for carryingout projects under Section 402. (2) The amount of obligation authorityreferred to in paragraph (f)(1) of this sectionshall be determined by multiplying: (i) The amount of funds transferred under 1275.6 of this Part to the apportionment of the State under Section 402 for the fiscal year; by (ii) The ratio that: (A) The amount of obligation authority distributedfor the fiscal year to the State forFederal-aid highways and highway safetyconstruction programs; bears to (B) The total of the sums apportioned to theState for Federal-aid highways and highwaysafety construction programs (excludingsums not subject to any obligationlimitation) for the fiscal year. (g) Notwithstanding any other provision oflaw, no limitation on the total obligations forhighway safety programs under Section 402shall apply to funds transferred under 1275.6 to the apportionment of a Stateunder such section. 1275.8 Procedures affecting States in noncompliance. (a) Each fiscal year, each State determinedto be in noncompliance with 23 U.S.C. 164and this part, based on NHTSA's andFHWA's preliminary review of itscertification, will be advised of the fundsexpected to be transferred under 1275.4from apportionment, as part of the advancenotice of apportionments required under 23U.S.C. 104(e), normally not later than ninetydays prior to final apportionment. (b) If NHTSA and FHWA determine that theState is not in compliance with 23 U.S.C.164 and this part, based on the agencies'preliminary review, the State may, within 30days of its receipt of the advance notice ofapportionments, submit documentationshowing why it is in compliance.Documentation shall be submitted to theappropriate National Highway Traffic SafetyAdministration Regional office. (c) Each fiscal year, each State determinednot to be in compliance with 23 U.S.C. 164and this part, based on NHTSA's andFHWA's final determination, will receivenotice of the funds being transferred under 1275.6 from apportionment, as part of thecertification of apportionments requiredunder 23 U.S.C. 104(e), which normallyoccurs on October 1 of each fiscal year.
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DUI / DWI, Drinking 
