Category Archives: DUI
What Happens When Soldiers Are Arrested Off-Base for DUI?
Most likely, state law and procedures apply in these situations. However, the defendant could face additional punishment under the Code of Military Justice. Contrary to popular myth, the defendant usually doesn’t have a duty to report the incident to a commanding officer. So, there’s a good chance that the defendant could escape any military… Read More »
Breaking Down Chemical Test Defenses in DUI Cases
In Florida, breath and blood test evidence is often conclusive proof of intoxication. Often, but certainly not always. That’s primarily because the Sunshine State has a per se law. Defendants with a BAC above the legal threshold are intoxicated as a matter of law. But the per se law only applies if the breath… Read More »
Does Refusing a Breathalyzer Count as a DUI?
Yes, refusing a Breathalyzer test counts as a DUI, of sorts, in Florida. The Sunshine State has a refusal-to-submit law based on the state’s implied consent doctrine. Implied consent to provide a chemical sample also serves as the basis for administrative license revocation in Florida. Even if the defendant “beats” the DUI, a court… Read More »
Do’s and Don’ts of DUI Checkpoints in Florida
DUI checkpoints are legal in Florida, if those checkpoints strictly adhere to all legal requirements, as outlined below. These checkpoints are somewhat rare in Florida, mostly because of cost reasons. A DUI roadblock creates compliance issues that cash-strapped local law enforcement offices usually don’t want to deal with. Furthermore, a checkpoint itself often means… Read More »
Unapproved DUI Field Sobriety Tests in Florida
The three approved field sobriety tests (eye test, walk-and-turn, and one-leg stand) usually establish probable cause for a DUI arrest. In most cases, prosecutors can also use these FSTs as circumstantial evidence of guilt at trial. Many officers also force defendants to perform unapproved tests, usually due to personal initiative or departmental policy. These… Read More »
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 »
