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Category Archives: dui

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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 »

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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 »

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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 »

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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 »

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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 »

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The Three Types of DUI Prosecutions in St. Lucie County

By Eighmie Law Firm, P.A. |

In key categories like the number of repeat DUI offenders, the percentage of high BAC offenders, and the number of alcohol-related crash fatalities per capita, Florida statistics are significantly above the national averages. So, prosecutors in the Sunshine STate are very aggressive when it comes to DUI prosecutions. When these cases go to court,… Read More »

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Breaking Down the Three Types of DUI Prosecutions

By Eighmie Law Firm, P.A. |

Police and courts have worked for years to reduce the number of alcohol-related crashes. Most of these efforts involve tough new laws, like the per se intoxication law and the refusal-to-submit law. Yet despite these laws, all three kinds of DUI cases are winnable. They each require a different approach. Complete Refusal Most people… Read More »

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Winning a Circumstantial Evidence DUI Case in Florida

By Eighmie Law Firm, P.A. |

Prior to 2016, Florida had one of the highest breath test refusal rates in the country. But then, lawmakers passed a refusal-to-submit law. Under Section 316.1932, refusing a lawful request to blow into a Breathalyzer is a separate misdemeanor offense. So, even if a Port St. Lucie DUI attorney “beats” the drunk driving charges,… Read More »

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What to Expect in a Florida Drugged Driving Case

By Eighmie Law Firm, P.A. |

Many states have very broad DUI-drug laws. For example, in 2016, a California man faced DUI charges because he was allegedly under the influence of caffeine. Prosecutors later dropped the case. But nonetheless, in states like California, it is possible to convict people for driving under the influence on a prescription painkiller, NyQuil, or… Read More »

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Challenging The Circumstantial Evidence In A St. Lucie County DUI

By Eighmie Law Firm, P.A. |

If a DUI defendant provides a breath or blood chemical sample, the conviction rate is around 90 percent in many jurisdictions. Although it is not impossible to challenge the evidence in a chemical test case, it is very difficult to do so. But if the defendant refuses to provide a chemical sample, the conviction… Read More »

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