In Florida, when a police officer makes a DUI arrest, he/she will normally ask the suspect to submit to a breathalyzer test to be taken after the arrest. If the suspect agrees to take the breathalyzer test which results in a reading of 0.08 or higher, the state will certainly…
Articles Posted in DUI
Police Must Observe Suspect Driving or in Control of Vehicle for DUI Arrest in Florida
In order for the police in Florida to make a valid arrest for DUI (driving under the influence of alcohol or drugs), a police officer must actually observe the DUI suspect either driving the vehicle or in actual physical control of the vehicle. Actual physical control of the vehicle is…
Federal Agency Recommends Lowering DUI Limit Almost by Half For Florida and Other States
DUI arrests in Florida come in all types. Many of them are completely the result of the subjective opinions and observations of a police officer who may be predisposed to believe you are driving while impaired from alcohol or drugs. Once that police officer has it in his/her head that…
Police Cannot Force a Blood Test in Standard DUI Case Without Search Warrant
In Florida, we have what is called implied consent which means that any person who obtains a driver’s license in Florida consents to submit to an alcohol test where a police officer makes a valid stop and has probable cause to believe the person is driving under the influence of…
Can Police Officer Stop Driver for DUI Out of His Jurisdiction in Florida?
In just about all criminal cases in Florida, a person will be arrested by a member of law enforcement who is properly working in that jurisdiction. For instance, if a person is speeding in Duval County (which is in Jacksonville) Florida and a police officer plans to make a traffic…
Florida DUI Case Thrown Out After Defendant Does Well on Field Sobriety Exercises
In just about all DUI (driving under the influence of alcohol) cases in Florida, the police officer is going to request that the driver submit to field sobriety exercises. These are very difficult coordination and balancing tests that are often given to the suspect in parking lots or on the…
Driver Stopped in DUI Case Even When He Did Not Violate Traffic Laws
Most DUI cases in Florida are initiated when a police officer sees a driver committing some sort of traffic violation and then pulls him/her over. If the police officer feels as if there is evidence that the driver has been drinking, the police officer will likely begin a DUI investigation.…
State Can Obtain Blood Test Results From Hospital in DUI Case, But Cannot Use Presumption of Guilt
When a person signs up for a driver’s license in Florida, he/she agrees to consent to a breathalyzer test administered by the police if the police have probable cause to believe that person is driving under the influence of alcohol to the extent that his/her normal faculties are impaired. This…
State May Subpoena Medical Records and Blood Test Results in Certain DUI Cases in Florida
In most driving under the influence of alcohol (DUI) cases in Florida, the police officer will ask the driver to consent to a breath, or breathalyzer, test which uses the driver’s breath to try and measure the driver’s blood alcohol content. The legal blood alcohol limit in Florida is 0.08.…
Florida Police Cannot Detain a Person For DUI Due to Sleeping in Vehicle
As an initial matter, people need to understand that they can be arrested for driving under the influence of alcohol or drugs (i.e. DUI) even if the police never see them driving a vehicle. If a person is in actual physical control of the vehicle, that is sufficient for a…