Category Archives: DUI
Evidence In Florida DUI-Drug Cases
In many jurisdictions, there are more “stoned” drivers than “drunk” drivers. In all jurisdictions, DUI-drug cases almost always have evidence issues. Since there is no widely-available Breathalyzer for marijuana and other drugs, at least not yet, the state must rely exclusively on circumstantial evidence. The conviction rate in non-chemical test cases is almost 50… Read More »
Some Effective DUI Defenses
Law enforcement authorities are very aggressive when it comes to DUI arrests. In 2018, there were almost 33,000 DUI arrests in the Sunshine State. Furthermore, the Tampa Bay area had the most number of arrests by far. Lack of evidence regarding intoxication is usually the best defense, and often the only available defense, in… Read More »
If I Blew Into A Breathalyzer Or Provided A Blood Sample, Am I Automatically Guilty Of DUI?
Defendants are never “automatically” guilty of anything in American courts. However, they can be almost automatically guilty, if that makes any sense. Florida, like all other states, has a per se DUI law. In ye olden days, an adverse chemical test result was only a presumption of intoxication. Now, it’s absolute proof of intoxication,… Read More »
Challenging The FST Results In A Florida DUI
The National Highway Traffic Safety Administration has approved three Field Sobriety Tests for use in DUI arrests. Although most scientists claim these tests reliably indicate whether the subject is intoxicated, each test has some serious flaws, as outlined below. FST results are critical in both test and non-test DUI prosecutions, so regardless of the… Read More »
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 »
