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Category Archives: dui


Five DUI Roadblock Requirements In Florida

By Eighmie Law Firm, P.A. |

Typically, police officers must have reasonable suspicion of criminal activity before they may detain motorists. This standard is very low, and the United States Supreme Court has watered it down even further, with recent decisions like 2016’s Utah v. Strieff. However, the underlying doctrine is still in effect. But when it comes to DUI… Read More »


The Three Main Types Of Driving Impairments in Port St. Lucie, Florida

By Eighmie Law Firm, P.A. |

There is a move afoot to replace the phrase “car accident” with “car crash.” In the minds of many people, including many St. Lucie County jurors, labeling these events as accidents absolves the drivers of responsibility. Moreover, advocated correctly point out that planes crash, ships sink, and trains wreck, yet vehicle drivers have accidents…. Read More »


Debunking Some Port St. Lucie DUI Myths

By Eighmie Law Firm, P.A. |

Driving Under the Influence is one of the most commonly-charged criminal offenses in the Treasure Coast. In fact, in some jurisdictions, half the county’s probationers were arrested for DUI. So, it is little wonder that there are so many myths out there about the Breathalyzer and other DUI aspects. These self-help defenses may not… Read More »


Successfully Contesting The FSTs In DUI Cases

By Eighmie Law Firm, P.A. |

In most driving under the influence cases, the defendant provides a specimen of breath or blood for analysis. But in about 20 percent of these cases nationwide, the defendant refuses to provide such a sample. For some reason, the percentage is a little higher in Florida. That’s the main reason lawmakers recently added a… Read More »


Three Hidden Defenses In Port St. Lucie DUI Cases

By Eighmie Law Firm, P.A. |

More often than not, intoxication is basically the only issue in a driving under the influence case. Prosecutors must establish intoxication beyond a reasonable doubt. They either use circumstantial evidence from the field sobriety tests or direct evidence from chemical tests to meet this burden. However, to obtain convictions under the DUI law, prosecutors… Read More »


Some Basic Points About DUI Roadblocks

By Eighmie Law Firm, P.A. |

Police departments in the Treasure Coast love DUI checkpoints. If they could afford the officer overtime and physical requirements, they would probably run checkpoints every weekend. But because of these costs, roadblocks usually only appear during holidays associated with drinking and driving, such as July Fourth and New Year’s Eve. These checkpoints give police… Read More »


Challenging The Field Sobriety Tests In A Florida DUI

By Eighmie Law Firm, P.A. |

According to most estimates, Florida has one of the highest chemical test refusal rates in the country. Much of this data dates back prior to the state’s refusal-to-submit law, and that measure may drive down the refusal rate. Section 316.1939 makes refusal to provide a chemical sample a misdemeanor. Faced with that kind of… Read More »


Should I Take A Breath Test In Port St. Lucie?

By Eighmie Law Firm, P.A. |

Florida has one of the highest refusal rates in the nation. As many as 40 percent of drivers in the Sunshine State refuse to take chemical tests when they are arrested for DUI. There is a very legitimate debate, even among DUI defense attorneys, as to whether refusal is a good thing or a… Read More »


Circumstantial Evidence In A Florida DUI Case

By Eighmie Law Firm, P.A. |

The conviction rate in DUI test cases is usually quite high, although statistics vary. It is difficult to challenge the Breathalyzer results except in borderline BAC cases, such as a .08 or .09. Moreover, Florida has a per se DUI law. Defendants who have a BAC above the legal limit are intoxicated as a… Read More »


DUI Checkpoints In Port St. Lucie: A Primer

By Eighmie Law Firm, P.A. |

Springtime is often associated with budding flowers, seasonal allergies, blossoming romance, and an uptick in criminal cases thanks to DUI roadblocks. That’s because St. Patrick’s Day and Memorial Day, two holidays commonly associated with drinking and driving, happen during this time of year. As a general rule, Florida law enforcement agencies love roadblocks, and… Read More »

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