DUI laws are defined by each state. These are mostly similar except for a few exceptions. Generally, drinking and driving is a very serious offence in most states and can affect a person considerably if he/she is convicted under DUI.

Florida has some very strict DUI /DWI (Driving under influence/driving while intoxicated) laws. DUI implies impaired driving or driving with a high UBAL (unlawful blood alcohol level). Every person driving a motor vehicle gives an “implied consent” to take a chemical breath test when suspected of drunk driving by an official. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Specific tests are conducted if the person is involved in an accident or if suspected of vehicular homicide.

Florida DUI law comes under DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. DUI can be proved as an offense that is proved by impairment of normal faculties or unlawful blood/breath alcohol levels.

Florida DUI law has various provisions and penalties relating to DUI crime. They are: the Fine Schedule (s. 316.193(2)(a)-(b), F.S), Community Service – (s. 316.193 (6)(a), F.S.), Probation (s. 316.193 (5)(6), F.S.), Imprisonment (s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.), Impoundment of Immobilization of Vehicle (s. 316.193 (6), F.S.), Conditions for Release of Persons Arrested for DUI (s. 316.193 (9), F.S.), DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury) (s. 316.193 (3), F.S.), DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury) (s. 316.193 (2),(3) F.S.), Manslaughter and Vehicular Homicide (s. 316.193 (3), F.S.), Driver License Revocation Periods for DUI (s. 322.271, F.S. and s. 322.28,F.S.), Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications (s. 322.61, F.S.), Business Purposes Only/Employment Purposes Only Reinstatements (s. 322.271, F.S. and s. 322.28, F.S.), DUI School Requirements (s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.), Chemical or Physical Test Provisions (Implied Consent Law) (s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S), Adjudication and Sentencing (s. 316.656, F.S., s. 322.2615 F.S.), Driving While License Suspended or Revoked (s. 322.34, F.S.), Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above (Section 322.26), Administrative Suspension Law (s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.), Administrative Disqualification Law, Review Hearings For Administrative Suspensions And Disqualifications (Sections s. 322.2615 and s. 322.64, F.S.) and provisions for business or employment reinstatement.

Comprehensive information about Florida DUI law can be obtained through the Internet. Attorney firms specializing in DUI laws will also be able to provide information about Florida DUI law.

There are different kinds of laws, like administrative law, civil law, common law, applicable law, etc. Administrative law, or law that is used to govern people, is defined as a set of rules or norms of conduct which forbid authorization or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct.

The law in Pennsylvania is typically administered through a system of courts where the judges hear disputes of both parties. In order to provide a judgment that is just and fair they apply a set of rules. The manner of administering law is called the legal system, which has developed through tradition in each country.

The legal system or the administrative law differs in each country. Like all American states, Pennsylvania has a government ruled under law. This government is separated into executive, legislative and judiciary branches. The legislature is an officially elected body of people with the responsibility to make laws for a political unit such as a state or nation. The executive branch gets more access than the private parties to closed-door legislative negotiations.

Without the fear of public scrutiny, administration officials can wield the threat of a presidential veto. Since 1790, Pennsylvania has had a two-chambered legislature, with a General Assembly that consists of a Senate with 50 members and a House of Representatives with 203 members.

Pennsylvania’s entire judicial system is under the supervision of the Supreme Court of Pennsylvania, which is also the final appellate court for both the Superior Court and the Commonwealth Court. It also hears appeals directly from the Courts of Common Pleas in certain cases, including murder convictions in which the death penalty applies. These bodies help the Pennsylvanian government to carry on their duties based on the laws and statutes.

I recently represented a client in a Social Security hearing that made me think to write about some little known rules used by the Social Security Administration to make disability decisions. The SSA calls these rules the Medical-Vocational Guidelines. My client was disabled by arthritis and fibromyalgia. She was 50 years old at the time she became disabled. She had only a 9th grade education. In all her past jobs she had always worked as a laborer or factory worker, jobs that required her stand all the time and lift heavy weights. She had never done a sit-down job. Her doctor gave the opinion that the most she would be able to do was a sit-down job.

Based on the Medical-Vocational Guidelines, my client was disabled and eligible for benefits. The Guidelines say that if a person is age 50 or older, has a limited education and has never done a sit-down job, it is assumed by these rules that they are considered disabled from all work, even sit-down jobs. These rules make it easier to prove that a person in these circumstances is disabled because a large category of jobs is already eliminated. So, if a person can only do a sit-down job, like my client, they are disabled according to the rules. The rules become even more lenient when a person turns 55 years old and then again at 60 years old. Also, other rules can come into play that are very helpful in different situations. However, many Social Security Administrative Law Judges do not remember to use the rules or apply them incorrectly.

At her hearing, I argued that my client was disabled and eligible for Social Security disability benefits according to the Medical-Vocational Guidelines. Happily for her, we expect a favorable decision from the Administrative Law Judge. You have a better chance of a happy ending to your hearing by talking with an attorney about your claim before going to a hearing. Make sure the rules work for you.

Sondra L. Burger,

Attorney at Law