Tag Archives: Port Saint Lucie DUI Defense
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 »
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 »
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 »
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 »
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 »
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 »
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 »
