Category Archives: DUI
Beating The Breathalyzer In A Florida DUI
According to scientific sources, a Breathalyzer’s BAC estimate is off by at least .01 about 33 percent of the time. Note that we said “BAC estimate. Like the 1920s Drunk-o-Meter which preceded it, the Breathalyzer uses breath alcohol level to determine blood alcohol level. That extra step means several things could be wrong with… Read More »
Non-Intoxication Defenses To DUI Drug Cases In Hillsborough County
In many jurisdictions, “stoned” driving is a bigger problem than “drunk” driving. Florida’s DUI law, although it is rather broad, is somewhat more limited than similar laws in other states. In the Sunshine State, it’s illegal to operate a motor vehicle “under the influence of alcoholic beverages, any chemical substance set forth in s…. Read More »
Top Five DUI Defenses In Florida
Many people assume they are automatically guilty in a DUI case if they provide a chemical sample and the sample is above the legal limit. About 80 percent of Florida DUIs involve such chemical tests. Granted, an adverse chemical test result makes these cases much easier to prove in court. However, the state must… Read More »
Top Five DUI Checkpoint Requirements In Florida
Sobriety checkpoints are almost as old as automobiles. Swedish authorities set up the first DUI roadblocks in the 1930s. Due to Fourth Amendment concerns, sobriety checkpoints are not nearly as old in the United States. However, these checkpoints are now legal in Florida. They are especially common around holidays, like New Years Eve, that… Read More »
Unapproved And Approved FSTs In Florida: What’s The Difference?
The Field Sobriety Tests are usually an important component of a DUI prosecution. If the defendant provides a chemical sample, the FSTs establish probable cause for the demand of a sample. If there was no probable cause, the chemical test result is usually inadmissible in court. Additionally, in a significant number of cases, prosecutors… Read More »
Holiday DUI Stops In Florida
Law enforcement personnel are on high alert for “drunk drivers” during the holiday season. In many cases, holidays and alcohol consumption are closely related. Roughly a fifth of Florida adults say they drink more during the holidays than during other times of the year. Other numbers are even more sobering (pardon the pun). Half… Read More »
Pre-Conviction DUI Drivers’ License Suspension In Florida
Like most other jurisdictions, Florida is an implied consent state. So, if a driver refuses to provide a chemical sample or fails a breath or blood test, the state may immediately suspend the person’s drivers’ license. The suspension period could be up to eighteen months. And, drivers’ license reinstatement is not automatic. Some people… Read More »
Breaking Down A License Revocation Hearing In A Florida DUI Case
The Fifth Amendment gives people the right to refuse to provide chemical samples in DUI cases. However, that right is not absolute, because Florida is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples on demand. So, if drivers change their minds and refuse to provide them,… Read More »
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 »
