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Articles Posted in DUI

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Police in Florida Cannot Normally Require Blood Test in DUI Case Where There is No Death or Serious Bodily Injury

Most DUI cases result from a police officer alleging that he/she observed the driver commit some traffic violation after which a traffic stop is conducted and a DUI investigation follows.  If the police officer believes the driver is impaired from alcohol, the officer will arrest the driver and take him/her…

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In Florida, a Fourth Conviction for Driving Under the Influence (DUI) Results in a Permanent Suspension But Not All Convictions Count

In Florida, the DUI (driving under the influence of alcohol or drugs) laws come with minimum mandatory penalties for a conviction.  These penalties increase for each successive DUI a person gets.  One benefit of a criminal defense lawyer getting the state to amend a DUI charge to a reckless driving…

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Police Officer in Florida Cannot Arrest a Suspect for a DUI the Officer Does Not Witness

In Florida, most DUI (driving under the influence of alcohol or drugs) cases are the result of a police officer claiming to observe a suspect violating some traffic law while driving, after which the officer conducts a traffic stop and DUI investigation.  Other times, which occur in the Jacksonville, Florida…

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In Florida a Second Refusal of a Valid Request for a DUI Breathalyzer Test is a Crime

In Florida, when a police officer stops a driver and suspects that he/she is driving while impaired from alcohol or drugs, that police officer will go through the normal DUI investigation.  That typically includes various questions about what the driver has been doing, where he/she has been and how much…

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Police in Florida Generally Need a Search Warrant for a Blood Draw in DUI Cases But There Are Exceptions

In alleged DUI cases that involve serious accidents, the police are often not able to perform their usual DUI investigations which include field sobriety tests and a breathalyzer test, if the suspect consents to them.  If the suspect is in no condition to perform those tests due to injuries from…

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Florida Police Officer Can Detain and Arrest Suspect for DUI While in Private Parking Garage Under Certain Circumstances

Some people in Florida believe they are only at risk of a DUI arrest if they are caught driving on the public roads by a police officer while impaired from alcohol or drugs.  That is not true.  A person does not even need to be driving to be arrested and…

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Florida Police Cannot Arrest DUI Suspect Without Observing Him/Her Driving

In Florida, a police officer is not normally permitted to arrest a person for DUI (driving under the influence of alcohol or drugs) unless the police officer observes the suspect actually commit the crime.  This applies to standard DUI’s, not DUI’s involving an accident.  This is not an issue in…

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In Florida DUI Case, Odor of Alcohol Plus Causing a Serious Accident is Sufficient for Blood Draw

In Florida, most DUI (driving under the influence of alcohol or drugs) cases involve the police requesting the defendant take a breathalyzer test at the jail. This test is normally offered only after the police make the DUI arrest. Therefore, if the defendant has a low score on the breathalyzer,…

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Florida Police Officer’s DUI Arrest Outside of His Jurisdiction Was Unlawful

Does a police officer in Florida have the right to arrest a person who commits a crime outside of his/her jurisdiction? It depends. The general rule is that police officers have no authority to arrest people for crimes outside of their jurisdiction. However, there are exceptions. Some neighboring cities and…

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