Category Archives: dui
Common Defenses In DUI Cases
In 2014, Florida Highway Patrol officers issued almost 50,000 DUI citations. When these cases go to court, prosecutors try to use the per se section of the DUI law as much as possible; this section states that if the defendant had a BAC above the legal limit, then the defendant is guilty of DUI… Read More »
Fighting The Evidence In A DUI Case
Like most states, Florida’s DUI law contains a per se section and an “impairment” section. Defendants are guilty as a matter of law if their BAC exceeds the legal limit, which is usually .08. If the defendants refused to provide chemical samples or they are unavailable for whatever reason, the prosecutors must establish that… Read More »
DUI Drug Cases
Just like in many other parts of the country, drug abuse is a growing problem in Florida. A generation ago, most people associated this behavior with back alleys and illegal behavior. Today, the two biggest problems in Florida are prescription drugs and heroin. Today’s prescription pain relievers, such as Oxycontin and Percocet, are extremely… Read More »
Pre-Conviction Driver’s License Suspension In DUI Cases
In most criminal courts, the conviction rate for DUI test cases is almost twice as high as the rate in non-test cases, so the laws are tailored to essentially coerce drivers into providing breath or blood BAC samples. In a recent case, the United States Supreme Court essentially upheld Florida’s stringent laws in this… Read More »
In The Bleak Midwinter
From mid-December until New Year’s Day, the Florida Highway Patrol will be cracking down on suspected drunk drivers. A news release stated that “all uniformed FHP personnel,” including non-patrol officers and administrative workers, will patrol area streets and highways as part of the statewide “Drive Sober Or Get Pulled Over” campaign. FHP director Col…. Read More »
The Three Kinds Of Florida DUI Cases
“Should I take a breath test?” is one of the questions that we hear all the time, and there are two very good responses. Some lawyers say it is a good idea to provide consent. They say that when people fall into holes, they must first stop digging, and especially because Florida has a… Read More »
Circumstantial Evidence In DUI Cases
Blood alcohol content tests, which are nearly always Breathalyzer tests, have acquired added significance over the past decade because Florida, like most other states, enacted a per se DUI law that defines intoxication as a .08 or above BAC. Nevertheless, about twenty percent of drivers still refuse to take a BAC test, and in… Read More »
What Makes DUI Checkpoints Legal?
Despite lingering questions about their cost and constitutionality, DUI checkpoints are a permanent weapon in law enforcement’s arsenal. Research indicates that these devices lower alcohol-related car crash fatalities by as much as 20 percent. At the same time, although DUI checkpoints are not universally acclaimed, they do enjoy broad public support. Over 70 percent… Read More »
Direct And Circumstantial Evidence In DUI Cases
Now that the United States Supreme Court has legalized refusal-to-submit laws, at least to some extent, more DUI prosecutions will probably be based on direct evidence of intoxication. Blood draws are the most accurate way to measure a person’s blood alcohol content (BAC), but peace officers must obtain search warrants prior to blood draws,… Read More »
High Court Rules On DUI Evidence
The Supreme Court of the United States approved measures like Florida’s Refusal to Submit law while issuing more defendant-friendly orders in other areas. Facts and Procedural History Most states, including Florida, are “implied consent” states, which means that drivers agreed to provide either breath or blood BAC samples when they received their driver’s licenses…. Read More »
