Category Archives: DUI
Three Quick Ways To Overturn A DUI Checkpoint Stop
Normally, before they detain motorists for suspicion of DUI or any other reason, police officers must have reasonable suspicion of criminal activity. The Supreme Court has watered down this rule to the point that any evidence-based hunch usually suffices. Officers can even erroneously detain people illegally, as long as they had a good faith… Read More »
What You Should Know About DUI Hardship Drivers’ Licenses In Florida
A DUI conviction almost always means drivers’ license suspension. Furthermore, people with DUIs on their records must normally purchase costly SR-22 automobile insurance. Unfortunately, there’s more bad news. Florida is an implied consent state. So, if drivers refuse to provide chemical samples, or if their BAC levels were above the legal limit, the state… Read More »
When Can Officers Pull Me Over For DUI?
Under the law, officers must generally have reasonable suspicion before they can detain motorists for suspicion of DUI. The law defines reasonable suspicion as specific, articulable facts which indicate criminal activity. Roadside checkpoints are the biggest exception to the reasonable suspicion rule. Although officers need not have specific, articulable facts to detain motorists at… Read More »
Four Ways to Beat the Breathalyzer in a Florida DUI
The Breathalyzer is perhaps the most powerful technological tool in a DUI. The conviction rate is about twice as high in test cases as in non-test cases. Many people assume that Breathalyzer results are bulletproof in court. However, today’s Breathalyzer is nothing but an updated version of the Drunk-O-Meter from the 1920s. As such,… Read More »
Does the ALR Hearing Matter in a DUI Defense?
Many defendants would say “no” to this question. They are not too far off base. After all, Administrative License Revocation hearings are difficult to win. Furthermore, the rules are very complex. So, many people conclude that a license suspension is inevitable and there is no point in fighting it. Generally, the ALR hearing occurs… Read More »
Five DUI Checkpoint Requirements
Normally, the Fourth Amendment requires police officers to have reasonable suspicion of criminal activity before they can detain motorists. “Reasonable suspicion” is basically an evidence-based hunch. In this context, reasonable suspicion typically means a traffic violation, like speeding or failure to maintain a single lane. At that point, the DUI investigation begins with the… Read More »
Contesting the Field Sobriety Test Results in a DUI
The FST results are often the most critical element of the prosecutor’s case in a DUI. In most cases, the FST results serve as probable cause for the demand of a chemical sample and a subsequent arrest. In some cases, the FST results are also the best evidence of intoxication. As outlined below, the… Read More »
Reasonable Suspicion in a Tampa DUI Case
Unless the stop occurred at an approved DUI sobriety checkpoint, officers must have reasonable suspicion to detain motorists. This rule, which comes from 1968’s Terry v. Ohio, has been watered down over the years. However, the rule itself still stands. Officers must have specific, articulable facts to detain suspects. In plain English, that usually… Read More »
