Switch to ADA Accessible Theme
Close Menu
Port St. Lucie Personal Injury Lawyer
Call To Schedule A Consultation 772-905-8692

Category Archives: dui

shutterstock_74617723

What is a DUI Chemical Test, and Do I Have to Consent?

By Eighmie Law Firm, P.A. |

There are four basic ways that the police can test for intoxication, in order to determine whether a person is fit to drive or is driving while under the influence of alcohol or another controlled substance. These are (a) field sobriety tests, which are subjective tests that give early indications of intoxication; (b) breath… Read More »

shutterstock_534162082

Successfully Challenging DUI Chemical Test Results

By Eighmie Law Firm, P.A. |

In the early 2010s, Florida had the highest Breathalyzer refusal rate in the country. Then, lawmakers approved a failure-to-submit law which makes refusal a criminal offense. Before then, refusal was only an administrative offense. The refusal rate then declined, but it is still well above the national average. The conviction rate in test cases… Read More »

shutterstock_1421781788

The Five Types of Driving Impairment

By Eighmie Law Firm, P.A. |

Driver error is responsible for over 90 percent of the vehicle collisions in Florida. Sometimes, this error involves a traffic law violation, such as speeding or running a red light. Other times, vehicle collisions begin before drivers get behind the wheel. Due to the nature of impairment-related wrecks, a Port St. Lucie personal injury… Read More »

shutterstock_79184944

Five Ways to Overturn a DUI Checkpoint Arrest

By Eighmie Law Firm, P.A. |

In 1968, the Supreme Court initially ruled that officers must have reasonable suspicion of criminal activity before they detain motorists. Generally, that reasonable suspicion is a traffic violation, such as speeding or making an illegal turn. Recently, the Supremes have watered down this rule, but it remains on the books. DUI roadblocks are an… Read More »

shutterstock_387073318

Overcoming the Field Sobriety Tests in a DUI

By Eighmie Law Firm, P.A. |

The Fifth Amendment’s right to remain silent gives drivers the absolute right to refuse to perform the three approved Field Sobriety Tests. However, for various reasons, almost no one asserts that right. Instead, almost everyone gives in to police officer pressure and performs at least some FSTs. If the defendant submitted a chemical sample,… Read More »

shutterstock_387073318

Your Rights, and Police Responsibilities, at a DUI Checkpoint

By Eighmie Law Firm, P.A. |

For many years, police officers always needed reasonable suspicion to detain motorists on suspicion of DUI. Reasonable suspicion is basically an evidence-based hunch of criminal activity. In most DUI stops, the defendant committed a traffic violation, like running a stop sign, which drew the officer’s attention. In the 1990s, the Supreme Court legalized intoxication… Read More »

shutterstock_387073318

Challenging the DUI FSTs in St. Lucie County

By Eighmie Law Firm, P.A. |

Generally, the Field Sobriety Tests do not matter too much in a DUI case. If the defendant provides a chemical breath or blood sample, and that sample is above the legal BAC limit, the defendant could be guilty as a matter of law. But in about 20 percent of these cases, DUI defendant refused… Read More »

shutterstock_1272038758

Your Rights and Responsibilities at a DUI Roadblock

By Eighmie Law Firm, P.A. |

One of the most fundamental Constitutional rules in criminal law is the reasonable suspicion rule. Generally, officers must have specific, articulable facts which indicate criminal activity before they may detain motorists. The Supreme Court has diluted this rule in recent years, most notably in 2014’s Heien v. North Carolina, but the rule itself remains… Read More »

shutterstock_1272038758

7 DUI Checkpoint Requirements

By Eighmie Law Firm, P.A. |

On holidays like Labor Day Weekend, Treasure Coast motorists often encounter DUI roadblocks. Since these checkpoints allow police officers to circumvent the Fourth Amendment, they are very popular in law enforcement circles. But since they are very expensive to operate, they appear only at selected times. Sobriety checkpoints had been around in one form… Read More »

DUI3

Enhanced Police Tactics and DUI Stops in Florida

By Eighmie Law Firm, P.A. |

Typically, when officers pull over motorists, they personally observe criminal activity. This activity could have nothing to do with DUI. The “criminal behavior” could be a non-working tail light or an expired registration sticker. Nonetheless, as far as Florida law is concerned, these reasons are valid. But in many situations, such evidence is either… Read More »

MileMark Media - Practice Growth Solutions

© 2015 - 2020 Eighmie law Firm, P.A. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab