Category Archives: dui
How Would A Lower BAC Limit Affect Treasure Coast Car Crash Claims?
Lawmakers in several jurisdictions have already considered such a measure as a way to reduce car crash fatalities, and based on a new report, more states may soon follow suit. This National Academy of Sciences report proposes that states reduce the Blood Alcohol Content threshold from .08 to .05. In the 1990s, most states… Read More »
Countering The Field Sobriety Tests In A Florida DUI
Like most other states, Florida has a per se driving under the influence law. Defendants who agree to provide chemical samples of breath or blood and have BACs above .08 are guilty almost as a matter of law. But in about 40 percent of these cases, Florida defendants refuse to provide such a sample…. Read More »
What You Need To Know About DUI Roadblocks In Florida
New Year’s Eve is associated with drinking and driving in the minds of many people. So, during this period and other similar holidays, like Memorial Day Weekend and Labor Day Weekend, Florida law enforcement agencies often roll out DUI checkpoints, hoping to catch drunk drivers in a police dragnet. Mostly because these roadblocks are… Read More »
How To Win A Circumstantial DUI Case In Port St. Lucie
Much like the events which take place during first 48 hours of a criminal investigation often determines its outcome, the events which occur in the first 48 hours after a DUI arrest, most notably the request for a chemical sample, often determine the outcome of the case. Typically, the conviction rate in breath or… Read More »
Special Issues In DUI Holiday Stops
Over the recently completed Labor Day Weekend, peace officers throughout the Sunshine State stepped up their anti-DUI enforcement, as despite higher gas prices due to Hurricane Harvey, roughly a million residents traveled more than 50 miles from home, and about 90 percent of them drove to and from their destinations. Publishing heiress Patty Hearst,… Read More »
What To Do About ALR Suspensions
The state of Florida almost always pursues Administrative License Suspension proceedings against individuals who are arrested for DUI. These suspensions are valid even if the defendant is acquitted of the DUI charge or prosecutors voluntarily dismiss the case due to a lack of evidence. Although these cases are not easy to win, aggressive representation… Read More »
Challenging Chemical Test Evidence In DUI Cases
When the prosecutor relies on circumstantial evidence, like the field tests, the overall conviction rate is less than 50 percent (the rate is less than 40 percent in complete refusal cases). However, if the defendant submits to a breath or blood test, the conviction rate rises to over 80 percent (the rate is over… Read More »
Challenging Circumstantial Evidence In DUI Cases
Almost all DUI arrests start with either an informer’s tip or a traffic stop, except those that involve DUI checkpoints. The prosecutor only needs to establish reasonable suspicion, which is a combination of facts and instincts which indicate that the defendant may have committed a crime. That “crime” could be almost anything, including speeding… Read More »
LEP Woman Arrested For DUI
Florida Highway Patrol officers arrested a Port St. Lucie woman with limited English proficiency for DUI after she allegedly failed field sobriety tests and admitted to drinking. Although the woman, who was Russian, told the officer almost immediately that she spoke little English, the officer proceeded with the stop by using a translation app…. Read More »
How Does Administrative License Suspension Affect My DUI Case?
“Should I take a breath test?” That’s probably one of the most common questions that DUI defense lawyers hear, because the ALS process has such a significant bearing on a DUI case. One way to answer this question is an unequivocal “yes.” There’s an old saying that if you fall into a hole, the… Read More »
