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Category Archives: dui

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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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What To Expect In A St. Lucie County Criminal Case

By Eighmie Law Firm, P.A. |

Agreed plea bargains resolve over 90 percent of the criminal cases in Florida. That proportion has increased considerably since the 1980s. Most cases end the same way, and most criminal cases also follow the same basic procedure. Many cases, such as DUI matters, involve other proceedings as well. For example, most DUIs also involve… Read More »

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Discrediting Sobriety Test Results In St. Lucie County

By Eighmie Law Firm, P.A. |

The recent refusal-to-submit law cut the number of Breathalyzer refusals in Florida in half. This law makes refusal to provide a breath or blood sample a criminal offense, as opposed to an administrative infraction. Nevertheless, the Breathalyzer refusal rate in the Sunshine State is still a rather high 40 percent. In refusal cases, St…. Read More »

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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 »

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