Category Archives: DUI
Is The Smell of Alcohol Probable Cause?
Probably not (pardon the pun). However, in some cases, the smell of alcohol could be probable cause, especially if the odor emanates from the defendant’s breath, as opposed to the defendant’s vehicle. In the first instance, the odor proves the defendant was drinking. In the second instance, the odor proves that a vehicle occupant… Read More »
Five Key DUI Roadblock Requirements
Even though the Supreme Court approved DWI checkpoints in 1990, only thirty-eight states, including Florida, have legalized them. DUI roadblocks, which allow police officers to circumvent the Fourth Amendment and detain people without reasonable suspicion, usually pop up during the July 4th holiday and other holidays, like New Years, associated with drinking and driving…. Read More »
Five Key DUI Roadblock Requirements
Even though the Supreme Court approved DWI checkpoints in 1990, only thirty-eight states, including Florida, have legalized them. DUI roadblocks, which allow police officers to circumvent the Fourth Amendment and detain people without reasonable suspicion, usually pop up during the July 4th holiday and other holidays, like New Years, associated with drinking and driving…. Read More »
Legal and Scientific Issues in a Hillsborough County DUI
The direct and collateral costs of a DUI usually exceed $20,000. Higher auto insurance rates account for much of that total. Usually, a DUI causes auto insurance rates to at least triple. Some of the cost is intangible. For example, many companies don’t hire people with DUI convictions as a matter of policy, because… Read More »
DUI Reasonable Suspicion: Parts One and Two
In most cases, police officers must have reasonable suspicion, which is basically an evidence-based hunch of criminal activity, to detain people and investigate crimes. DUI roadblocks, which are legal in Florida and most other states, are the primary exception to this rule. At checkpoints, officers may detain motorists according to a preset formula, whether… Read More »
Breaking Down a Refusal to Submit Case in Florida
Since 1990, police and prosecutors have received new weapons in the ongoing fight against DUI. Refusal-to-submit laws, which were implicitly legalized by the Supreme Court in 2016’s Birchfield vs. South Dakota, are one of the latest weapons. States that have passed these laws, such as Florida, hope they’ll increase the number of defendants who… Read More »
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 »
