Category Archives: DUI
Your Constitutional Rights and Responsibilities in a Preliminary DUI Investigation
Despite a decades-long DUI crackdown which began in the 1990s, alcohol still causes about a third of the fatal car crashes in Florida. As a result, many law enforcement officers feel like they have a personal mission to get “drunk drivers” off the road. Other departments emphasize DUI arrests and punish officers who don’t… Read More »
DUI Drugs in Florida: What You Should Know
Almost all DUI cases in Florida involve alcohol intoxication. However, state law also makes it illegal to operate a vehicle while impaired by any controlled substance or chemical substance, including prescription medications and illicit drugs. Marijuana may be the most common driver impairment substance. Prescription painkillers and over-the-counter medicines, such as NyQuill, are near… Read More »
Can a Lawyer Beat a DWI Charge If I Was Drunk?
Yes, a lawyer can beat a DWI charge if the defendant was drunk. Intoxicated (drunk) is only one of three elements in a DWI. The other two are driving and while. The state must prove every element of a DWI, not just the “intoxicated” element, beyond any reasonable doubt. Frequently, sufficient credible evidence is… Read More »
What is the Most Common Drug in DUI?
Marijuana is the most common drug in Florida DUIs. This drug is legal to possess in some parts of the Tampa Bay area. But it’s illegal to drive under the influence of marijuana or “any substance controlled under Chapter 893, when affected to the extent that the person’s normal faculties are impaired.” A chemical… Read More »
Special Issues in Federal Court DUIs
Tampa Bay includes many courthouses, office buildings, and other federal property, such as parks and military bases. Federal court DWI law and procedure is different from state court procedure in many ways. The direct consequences are somewhat different as well. The collateral consequences and other indirect effects of a federal property DUI are much… Read More »
Are DUI Roadblocks Legal in Florida?
Yes, DUI roadblocks are legal in Florida, as long as they adhere to all legal requirements. Some of these requirements are outlined below. For many years, the Supreme Court went back and forth on the question of whether DUI checkpoints violated the reasonable suspicion rule that limits police officer stops. The Supreme Court finally… Read More »
The DUI ALR Process Explained
Driving Under the Influence is a crossover matter that often has implications in both criminal and civil court. These civil court consequences usually include the Administrative License Revocation process. Usually, a failed or refused chemical test triggers this process, which allows the state to suspend a defendant’s drivers’ license without a conviction and, in… Read More »
Is DUI a Federal Offense in the USA?
Yes, and the federal law, which is 36 CFR § 4.23, closely mirrors the Florida DUI law. The U.S. Attorney may use direct or circumstantial evidence to establish intoxication, and the other elements of a DUI, beyond any reasonable doubt. So, federal DUIs feature most of the same defenses as Florida DUIs. However, the… Read More »
Are Breathalyzers Always Accurate?
Not even close. In fact, in 2023, a Massachusetts court threw out over 25,000 DUI guilty pleas entered between 2011 and 2019, because the devices weren’t properly adjusted and calibrated. Improper calibration is just one of many Breathalyzer flaws, as outlined below. Other methods, such as blood tests, are vastly more reliable than breath… Read More »
What is the Best Defense for DUI?
In many cases, the best defense for DUI is a defense that bypasses intoxication. If the defendant submitted a chemical sample, and that sample passed legal muster, intoxication is very difficult to disprove in Florida. The Sunshine State has a per se DUI law. Subjects with a BAC above the legal limit are intoxicated… Read More »
