Category Archives: DUI
Is DUI a Federal Offense in the USA?
Yes, and the federal law, which is 36 CFR § 4.23, closely mirrors the Florida DUI law. The U.S. Attorney may use direct or circumstantial evidence to establish intoxication, and the other elements of a DUI, beyond any reasonable doubt. So, federal DUIs feature most of the same defenses as Florida DUIs. However, the… Read More »
Are Breathalyzers Always Accurate?
Not even close. In fact, in 2023, a Massachusetts court threw out over 25,000 DUI guilty pleas entered between 2011 and 2019, because the devices weren’t properly adjusted and calibrated. Improper calibration is just one of many Breathalyzer flaws, as outlined below. Other methods, such as blood tests, are vastly more reliable than breath… Read More »
What is the Best Defense for DUI?
In many cases, the best defense for DUI is a defense that bypasses intoxication. If the defendant submitted a chemical sample, and that sample passed legal muster, intoxication is very difficult to disprove in Florida. The Sunshine State has a per se DUI law. Subjects with a BAC above the legal limit are intoxicated… Read More »
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 »
