Tag Archives: Breathalyzer Test
Fighting The Evidence In A DUI Case
Like most states, Florida’s DUI law contains a per se section and an “impairment” section. Defendants are guilty as a matter of law if their BAC exceeds the legal limit, which is usually .08. If the defendants refused to provide chemical samples or they are unavailable for whatever reason, the prosecutors must establish that… Read More »
Pre-Conviction Driver’s License Suspension In DUI Cases
In most criminal courts, the conviction rate for DUI test cases is almost twice as high as the rate in non-test cases, so the laws are tailored to essentially coerce drivers into providing breath or blood BAC samples. In a recent case, the United States Supreme Court essentially upheld Florida’s stringent laws in this… Read More »
The Three Kinds Of Florida DUI Cases
“Should I take a breath test?” is one of the questions that we hear all the time, and there are two very good responses. Some lawyers say it is a good idea to provide consent. They say that when people fall into holes, they must first stop digging, and especially because Florida has a… Read More »
What Makes DUI Checkpoints Legal?
Despite lingering questions about their cost and constitutionality, DUI checkpoints are a permanent weapon in law enforcement’s arsenal. Research indicates that these devices lower alcohol-related car crash fatalities by as much as 20 percent. At the same time, although DUI checkpoints are not universally acclaimed, they do enjoy broad public support. Over 70 percent… Read More »
Direct And Circumstantial Evidence In DUI Cases
Now that the United States Supreme Court has legalized refusal-to-submit laws, at least to some extent, more DUI prosecutions will probably be based on direct evidence of intoxication. Blood draws are the most accurate way to measure a person’s blood alcohol content (BAC), but peace officers must obtain search warrants prior to blood draws,… Read More »
FSC To Review Refusal To Submit Law
As the national debate over the use and admissibility of DUI evidence continues, the Florida Supreme Court will decide if it is a crime to refuse to take a Breathalyzer test. Under current law, a second or subsequent refusal to provide a chemical sample results in an 18-month driver’s license suspension and a first… Read More »
