Category Archives: dui
Debunking Some Port St. Lucie DUI Myths
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
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
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
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
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?
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
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
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 »
Challenging The Stop In A Florida DUI Case
This exercise is still worthwhile and necessary, even though the Supreme Court has made the task much more difficult recently. Over the last several years, the Justices have handed down a series of decisions that expanded police power. The latest was 2018’s District of Columbia v. Wesby. This case flew under the radar but… Read More »
Why The DUI License Suspension Process Matters To You
When Florida police officers stop drivers on suspicion of Driving Under the Influence, a drivers’ license suspension is almost inevitable. The only way to avoid this outcome is to provide a chemical sample that shows a BAC below the legal limit, and that almost never happens. There is an inevitability to the license suspension… Read More »
