Category Archives: DUI
Intoxication Defenses in a DUI
Section 856.011 defines intoxication as loss of “the normal control of either his/her body or his/her mental faculties, or both.” Furthermore, the Sunshine State, like most other jurisdictions, has a per se definition. Individuals with a BAC adobe the legal limit, which is usually .08, are intoxicated as a matter of law. The first… Read More »
Hidden DUI Defenses in Florida
UI (under the influence) is usually the most contested element in a DUI case. D (driving) could be an issue as well. Legally, both basic elements must meet the same requirements. Prosecutors must establish every element of every criminal offense beyond any reasonable doubt. Usually, the state uses chemical test results, typically a Breathalyzer… Read More »
Breaking Down a DUI-Drug Case in Florida
Many states have very broad DUI-drug laws. Almost anything in your pantry, refrigerator, or medicine cabinet, including caffeine and sugar, could be an impairing substance. But Florida’s DUI-drug law is much more narrow, at least in terms of possibly intoxicating substances. More on that below. Despite the law’s narrow focus, DUI-drug cases are extremely… Read More »
Challenging the DUI Field Sobriety Tests
If the defendant refuses to provide a chemical sample, prosecutors use the field sobriety tests to prove intoxication in court. If the defendant provides a sample, the three approved FSTs constitute evidence of probable cause. Either way, the FSTs are one of the most critical bits of evidence in a DUI prosecution. To bolster… Read More »
Top Five DUI Checkpoint Requirements
Almost immediately after the Supreme Court allowed state law enforcement agencies to deploy sobriety checkpoints, Florida lawmakers passed an enabling statute. So, from a theoretical standpoint, all DUI checkpoints in Florida are legal. But, as the old saying goes, the devil is in the details. The Supreme Court’s directive had some strings attached. Sobriety… Read More »
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 »
