This time of year, around the July 4th holiday, Jacksonville Sheriff’s Office, Florida Highway Patrol and other local law enforcement agencies are out in force looking to stop people for traffic violations and make DUI arrests. The local Jacksonville area police focus on DUI arrests during the July 4th holiday…
Articles Posted in DUI
Too Many People in a Vehicle is Not Necessarily a Legal basis for a DUI Stop
In Florida, the sequence of a DUI arrest usually goes as follows: a police officer observes a person commit a traffic violation, the police officer stops the driver, the police officer allegedly observes signs that the driver is impaired by alcohol or drugs, the police officer starts a DUI investigation…
Paramedic Takes Blood From DUI Suspect And Gives it to Police
In Florida, implied consent means that when a person accepts the privilege of driving on the roads in Florida by obtaining a driver’s license, that person consents to take a breathalyzer test if a police officer has probable cause to arrest the person for driving under the influence of alcohol…
Police Officer in Florida Cannot Arrest DUI Suspect Without Observing The Actual DUI Take Place
There is a difference in Florida between felonies and misdemeanors when it comes to a police officer’s right to arrest a suspect without having actually observed the crime take place. There are some exceptions, but the general rule is that a police officer cannot arrest a person for committing a…
In DUI Case, Police Officer Cannot Request Urine Test Just Because He Is Dissatisfied With Breath Test
In a recent driving under the influence (DUI) case near Jacksonville, Florida, the defendant was involved in a single car accident but was not hurt. The police officer arrived at the scene and observed empty beer cans in the defendant’s vehicle. The police officer then made all of the routine…
Police in Florida Can Stop a Driver for DUI for Improperly Tinted Windows
As criminal defense lawyers in the Jacksonville, Florida area, it is not uncommon for us to see cases that were initiated by police after a traffic stop because the vehicle’s windows were too darkly tinted. The police can stop a driver based on a reasonable suspicion that a traffic violation…
Urine Test Thrown Out in DUI Case After Police Coercion
In Florida, when a person receives a driver’s license, he/she is consenting to take a blood alcohol test if the police have a legal basis to request one during a proper DUI investigation and the police follow proper legal procedures. A person can refuse a breathalyzer, urine or blood test…
DUI Defendant Stopped For Improper Honking of Horn
Most DUI’s in Florida stem from a traffic stop. The police officer then decides that the driver is impaired from alcohol or drugs and initiates a DUI investigation which usually involves questions about drinking/drugs, a field sobriety test and a breathalyzer test. However, in order for a DUI arrest to…
Actual Physical Control of a Vehicle for DUI in Florida
In Florida, in order to be charged with DUI, a person does not necessarily have to be driving the vehicle while impaired from alcohol or drugs. It is sufficient under the Florida DUI laws for a person to be in actual physical control of a vehicle. For instance, if the…
Jacksonville, Florida is One of the Top 5 Worst Cities for DUI Arrests
According to a recent survey, Jacksonville, Florida ranks fourth among all cities in the country in DUI (driving under the influence of alcohol or drugs) arrests. The survey was conducted by Insurance.com. It is not clear if the numbers reflect DUI arrests or DUI convictions, but it appears that it…