A major issue in DUI cases has not been fully fleshed out and has caused a lot of confusion among practicing criminal defense attorneys and judges. When a driver is pulled over and the officer has reasonable suspicion that the driver is under the influence of alcoholic beverages or drugs,…
Articles Posted in DUI
Understanding the DUI Police Report
When a person is pulled over for driving under the influence (DUI), the arresting officer will prepare a police report, summarizing the reasons behind the arrest. These reports are important when it comes to prosecuting a DUI case, and they can be helpful for defense attorneys in evaluating the case…
Jacksonville DUI Convictions Come With Harsh Penalties
Consequences are Harsh in Jacksonville for DUI Convictions News outlets reported that a 26-year-old man from St. Augustine, Florida was tragically killed in a wrong-way car accident in November, 2021. The deadly collision occurred on I-295 at Baymeadows Road. The accident resulted in all lanes being blocked for about five…
There is a Low Standard in Florida for the State to Obtain Medical Records by Subpoena After DUI Arrest
In most DUI cases in Florida, all of the evidence the state obtains is from the traffic stop, the DUI investigation at the scene and then the breathalyzer test at the jail if the defendant agrees to submit to the breathalyzer. This normally involves whatever reason the police officer gives…
State Permitted to Subpoena Defendant’s Medical Records in Florida DUI case
In most DUI (driving under the influence of alcohol or drugs) cases in Florida, the police officers will conduct their routine (and highly subjective) DUI investigations after a traffic stop, which includes a request for field sobriety tests at the scene and then a request for a breathalyzer test at…
Can the Police in Florida Get Blood to Test for Alcohol in a DUI Case Where the Driver is Unconscious?
In Florida, most DUI cases involve some alleged traffic violation followed by a DUI investigation and an arrest. If the police officer thinks the driver is impaired from drugs or alcohol, and usually the officer makes that decision early and quickly, that officer is going to make the arrest. Everything…
Odor of Alcohol and an Open Container are not Sufficient for a DUI Investigation in Florida
In Florida, if a police officer pulls a driver over and there is any indication of alcohol or impairment, that officer is likely to initiate a DUI investigation. That will usually involved specific questions about drinking, field sobriety exercises and a breathalyzer at the jail after the driver has been…
In Florida, Proof That A Driver Had Consumed Alcohol Is Not Sufficient For a DUI Investigation Or Arrest
In Florida, DUI is a crime. Everyone knows that. But it is important to understand what exactly that means. DUI means driving under the influence of alcohol or drugs. The key word, for the purposes of this post, is “influence”. This is something that criminal defense lawyers experienced in DUI…
Commercial Drivers in Florida Are Subject to a One Year Driver’s License Suspension for a DUI
In Florida, when a person is arrested for a DUI, the Department of Highway Safety and Motor Vehicles (DHSMV) will normally suspend that person’s driver’s license for six or more months based on the arrest. The DHSMV will do this immediately and irrespective of what happens in the criminal case.…
Police in Florida Have Multiple Ways to Obtain Blood or Test Results of a Suspect After a Serious Auto Crash
In Florida, the police obtain evidence in most DUI’s in a fairly standard manner. After the traffic stop, the police ask questions, make observations and ask the DUI suspect to participate in field sobriety exercises. The suspect can always refuse to answer questions and cooperate with the field sobriety tests.…