In DUI cases, once the police arrest a person suspected of driving under the influence of alcohol or drugs, that person is taken to jail and booked. Only after the arrest and booking is that person taken to a room in the jail and asked to submit to a breathalyzer…
Articles Posted in DUI
Constructive Actual, Physical Control of Vehicle is a Valid DUI Defense in Florida
In Florida, most people are arrested for DUI (driving under the influence of alcohol or drugs) after a police officer observes them driving a vehicle while allegedly impaired. While the DUI crime is called “driving” under the influence, a person in Florida does not actually have to be driving to…
Can an Off-Duty Police Officer Outside of His Jurisdiction Make a DUI Arrest in Florida?
With some exceptions, police officers are generally only allowed to investigate crimes and make arrests within their jurisdictions. A Jacksonville Sheriff’s Office employee isn’t normally allowed to drive into St. John’s County and pull people over who he suspects of driving under the influence of alcohol or drugs. Additionally, off-duty…
Can the Police in Florida Obtain a Urine Sample of a DUI Suspect After an Arrest Without a Search Warrant?
In Florida, the police usually attempt to substantial a DUI (driving under the influence of alcohol or drugs) arrest by asking the suspect to take a breathalyzer test. This is a test normally administered at the jail only after the suspect has been arrested. The purpose of the test is…
Florida Police Officer Cannot Detain Driver and Initiate DUI Investigation Solely Because Driver Has Been Drinking
In Florida, the crime of DUI means that a person cannot operate a motor vehicle while impaired from alcohol or drugs. It does not mean a person cannot drink and then drive. Of course, to be safe, it is always best to avoid driving after consuming any alcohol. However, if…
Police in Florida Cannot Seize Blood from Suspected DUI Driver After a Serious Crash Without Establishing Causation by Statute
In Florida, most DUI cases (driving under the influence of alcohol) are the result of traffic stops and then subjective DUI investigations and then requests for the driver to submit to a breathalyzer test after he/she has been arrested. The police cannot generally request a blood sample from a person,…
How is a crash defined under the Florida DUI laws?
A recent case involving a DUI arrest near Jacksonville, Florida raised the issue of what constitutes a “crash” under the Florida DUI laws. More specifically, does a crash require some sort of property damage or injury or is a collision simply enough regardless of whether any vehicle is damaged or…
What If I Refuse Field Sobriety Exercises When Stopped For A DUI?
In the State of Florida, you can be compelled to perform Field Sobriety Exercises. This doesn’t mean that the officer can physically force you to perform the exercises. It simply means that the officer does not have to obtain your consent and your refusal to perform the field sobriety exercises…
Can the Police in Florida Obtain Blood or Medical Records From DUI Suspect With a Subpoena?
In most DUI (driving under the influence of alcohol or drugs) cases in Florida, the police arrest a person they believe is driving while impaired. That DUI suspect is taken to the jail and booked. Only after the suspect is taken to the jail do the police ask the suspect…
Nearly 30 Minute Delay During Florida DUI Investigation Was Too Long So DUI Case Thrown Out
In DUI cases, the police generally observe a driver break some traffic law and then initiate a traffic stop. If the police officer claims to observe evidence that the driver is drunk or otherwise impaired, that officer will start a DUI investigation. However, the police officer in Florida does not…