In most DUI cases, when a police officer claims to observe signs of impairment of a driver, the police officer will request the suspect to take a breathalyzer test to determine if the driver is driving under the influence of alcohol (i.e. DUI). Florida law allows a police officer to…
Articles Posted in DUI
State Tries to Use Prior DUI Conviction Against Defendant in DUI Case
In Florida, when a person obtains a driver’s license, he/she consents to submit to a breathalyzer test when a police officer has probable cause to believe the person is driving while impaired by alcohol and makes a DUI arrest. If the person refuses to submit to a breathalyzer test during…
Police Cannot Force Driver to Move His Vehicle Without Legal Basis in DUI Case
Most people understand that the police in Florida cannot seize a person without specific facts indicating the person is, was or is about to be involved in criminal activity. However, what is considered a seizure of a person is not always clear. It does not just mean an arrest. It…
DUI Case Reversed Due to Illegal Police Stop of Pickup Truck
In a recent DUI (driving under the influence of alcohol or drugs) case south of Jacksonville Florida, the defendant was driving on I-95 and failed to stop at an open weigh station. The defendant was driving a large pickup truck, and the police officer believed that the defendant was required…
Is Marijuana Evidence Admissible in a DUI Case Involving Alcohol?
As criminal defense attorneys in the Jacksonville, Florida area, we see a lot of different DUI cases. One issue that arises from time to time is a situation where the police arrest a person alleging that he/she is driving under the influence of alcohol but there is also evidence of…
Police Can Obtain Evidence of Alcohol/Drug Use Without Probable Cause With Consent
In a recent DUI case near Jacksonville, Florida, the police obtained evidence that a driver was intoxicated while driving after an accident. When the police officer arrived at the scene of the accident, the defendant was not hurt and did not appear to be intoxicated by drugs or alcohol. As…
Some Florida Counties Getting Search Warrants for Driver’s Blood in DUI Cases
In DUI cases in Florida, the police officer who suspects the driver of driving while intoxicated will normally request that the driver submit to a breath alcohol test, or breathalyzer, which is the common test to determine if a person is driving over the legal limit. Blood and urine tests…
Felony Driving With a Suspended License Case Thrown Out Due to Illegal Seizure
In a recent felony driving with a suspended license case in Florida, the charge was thrown out because the court determined that the police officer illegally seized the defendant before he learned the defendant’s license was suspended. This is an important case because we see the same situation arise in…
When is a Refusal to Submit to the Field Sobriety Exam Not a Refusal in Florida?
In Florida, when the police officer is conducting a DUI investigation, that officer is going to request that the driver submits to a field sobriety examination at some point. This is a very subjective and voluntary test which is supposed to be designed to see if the driver is intoxicated…
Should I Submit to the Field Sobriety Tests During a DUI Stop in Florida?
When police in Jacksonville and other cities in Florida stop a driver and suspect he/she is driving under the influence of alcohol (DUI), the police officer will ask the driver if he/she will submit to field sobriety tests, which are very subjective exercises that are supposed to be designed to…