Category Archives: DUI
When Can Officers Pull Me Over on Suspicion of DUI?
Usually, police officers can detain motorists or other persons if they have reasonable suspicion of criminal activity. For many years, since the Supreme Court established this rule in 1968, reasonable suspicion was an evidence-based hunch. The Court has watered down this rule in recent years. For example, in 2014, the Supremes ruled that police… Read More »
Pretrial DUI Drivers’ License Suspension In Hillsborough County
Florida, like every other U.S. state, has an implied consent law. A refusal to submit to a lawful request for a chemical sample could lead to drivers’ license suspension, even if the driver isn’t convicted of DUI. The suspension periods are usually six months for a first refusal and twelve months for a subsequent… Read More »
Beating A DUI-Drug Case In Hillsborough County
In the minds of many, “stoned” driving is rapidly becoming almost as acceptable as “drunk” driving. Almost a quarter of drivers admit that they drove under the influence of a drug, usually marijuana. The list of possibly impairing substances in Florida is smaller than it is in other states. Nevertheless, there’s a good chance… Read More »
Beating The Breathalyzer In A Florida DUI
Many DUI defendants assume that if they failed a Breathalyzer test, they’re automatically guilty. Granted, the DUI test conviction rate is much higher than the non-test conviction rate. But, we shouldn’t give the Breathalyzer too much credit. This gadget is simply an advanced version of the 1935 Drunk-O-Meter. With that principle in mind, there… Read More »
Effective Defenses In DUI Cases
Just as the decades-long DUI crackdown was showing some signs of effectiveness, coronavirus lockdowns undid that progress. Now, some officers who are desperate to reverse the rising tide of drunk driving incidents take illegal shortcuts during the arrest process. Others make arrests in borderline cases, making it almost impossible for prosecutors to establish guilt… Read More »
ALS After A DUI: What You Should Know
In Florida, a chemical test refusal or a chemical test result above the legal limit usually triggers the administrative license suspension process. The Sunshine State has very strict laws in this area. Defendants only have ten days to request ALS hearings. If they don’t request hearings, the full suspension period automatically takes effect. This… Read More »
Overcoming Adverse FST Results In A Florida DUI
The National Highway Traffic Safety Administration has approved three Field Sobriety Tests for use in DUI arrests. If a defendant provides a breath or blood sample, as most defendants agree to do, prosecutors use the FST results to establish probable cause for that law enforcement request. If the defendant refuses to provide a chemical… Read More »
Five Key DUI Checkpoint Requirements
The Supreme Court permanently legalized sobriety checkpoints, which allow law enforcement officers to bypass the Fourth Amendment, in 1990. Because the Supremes gave them such broad authority, peace officers must strictly follow many rules when they set up these checkpoints. Otherwise, the roadblock is illegal. A checkpoint affects your Fourth Amendment stop, search, and… Read More »
Challenging DUI-Drug Infractions In Florida
Many states have extremely broad DUI-drug laws. Pretty much everyone has at least one impairing substance in their pantry or medicine cabinet. Even everyday drugs, like caffeine, could involve DUI charges. Florida’s law is considerably more limited. It only applies if the substance at issue is designed “for the purpose of inducing a condition… Read More »
Don’t Let A DUI Affect Your Driving Privileges
In many places, the rise of Uber, Lyft, and other ridesharing services has decreased the number of vehicle owners and licensed drivers. Yet over seven million Floridians rely on their vehicles to get around the vast Sunshine State. A DUI conviction, or even a DUI arrest, can restrict, or even eliminate, the ability to… Read More »
