Jacksonville Criminal Lawyer BlogA man from Connecticut was charged with DUI manslaughter in St. Johns County, Florida after the victim, Jeanne Aramini, died from her injuries suffered in the crash, according to an article on News4Jax.com. In Florida, a DUI charge can be anything from a misdemeanor for a first offense that normally carries penalties such as probation, a license suspention, a fine and community service to a third degree felony whcih can carry a maximum penalty of five years in prison to a first degree felony which can carry significant prison time. Obviously, when there is a crash and someone dies as a result of the crash, the state can charge the highest level of DUI which is DUI mansalughter. This is a second degree felony which carries a maximum penalty of fifteen years in prison in most cases, but it can be a first degree felony which carries a maximum of thirty years in prison if the suspect leaves the scene of the accident without providing the required information.
Articles Posted in DUI
In Florida, Can a Police Officer Force You to Submit to a Blood Test in a DUI Investigation?
In most DUI cases in Jacksonville and throughout Florida, the police officer allegedly observes the driver violate some traffic law and pulls him/her over. Once the police officer approaches and interacts with the driver, the officer observes some signs of impairment from alcohol and ultimately requests that the driver submit to a breathalyzer test where the driver blows into the machine which purportedly measures the driver’s blood alcohol content.
However, in some cases, the police officer can force the driver to submit to a blood test to measure the driver’s blood alcohol content. Most of the time, the forced blood draw cases involve accidents where the driver is seriously injured and unable to blow into the breathalyzer machine. However, an accident is not required for a forced blood draw in a DUI case. What the police and the state do need to establish is that, 1) the police officer had reason to believe the driver was driving while impaired by alcohol or drugs, 2) the driver appears at a hospital or other medical facility for treatment and 3) a breath or urine test is not feasible or the person cannot respond due to some physical or medical condition. If these factors are present, the police officer can request that a medical provider take the blood.
In some cases, the police get the blood, but the required elements are not met. For instance, maybe a person was involved in an accident that rendered him unconscious and the officer smelled alcohol on him. That alone is not sufficient to meet the first requirement that there is sufficient reason to believe the person was impaired by alcohol while driving. Another example would be a person who was injured but not seriously enough to make a breath or urine test impracticable.
State Has the Burden of Proving DUI Defendant Freely and Voluntarily Submitted to Breath Test in Florida
In Florida, when a person obtains a driver’s license and is afforded the privilege to drive, he/she impliedly consents to a lawful breathalyzer test. This does not mean that the police can lawfully ask a person to take a breath test at any time. It also does not give the police the right to force anyone to submit to a breath test. What it means is that if the police have probable cause to believe that a person is driving under the influence of alcohol to the extent that his/her normal faculties are impaired (i.e. DUI), the law says that the police officer can request a breath test and a person can be punished under the law for refusing the breath test. This punishment typically takes the form of a suspended license, but can be a misdemeanor crime in Florida for a second refusal.
However, assuming the police officer has probable cause to believe you are impaired, he/she still must ensure that your agreement to submit to the breath test is free and voluntary. The police officer cannot give you false information to trick or otherwise encourage you to submit to the breath test.
For instance, many people have a right to a hardship license after having their license suspended pursuant to a DUI case. In a recent case, the police officer gave the defendant false information about his right to a hardship license. For instance, if, in order to get the defendant to submit to the breath test, the police officer told the defendant that he is entitled to a hardship license if he agrees to the breath test but would not be entitled to the hardship license if he refuses the breath test, that would be inaccurate. In that case, the defendant’s criminal defense lawyer would make a motion with the court to throw out the results of the breath test because the defendant’s agreement to submit to the breath test was not freely and voluntarily obtained, which should invalidate the test results.
Woman Arrested for DUI at Flagler County, Florida Jail
A woman who was demanding a conjugal visit with an inmate in the Flagler County, Florida jail was arrested for DUI (driving under the influence of alcohol) according to an article on News4Jax.com. The article indicated that the woman drove up to the Flagler County jail twice demanding a visit and the police officers detected that she was drunk. Police ultimately found her sitting in her car and arrested her. A breathalyzer test revealed that her blood alcohol level was 0.256, which is more than three times the limit of 0.08.
For the few people who do not know, they have police and/or sheriff officers at the jail. It is not a good place to show up drunk demanding visits with inmates. This story falls into the category of stories about people who are trying to get arrested.
DUI cases made by police officers often have holes allowing for various defenses that criminal defense lawyers can exploit when defending DUI clients. However, there are certain things DUI defendants can do to impair their defenses. This is a unique and extreme example but generally, if the police have stopped you and are investigating you for a possible DUI, the best thing to do is to stay calm, be polite and ask for your criminal defense lawyer without providing any information about where you have been, what you have been doing and your current state of mind.
Jacksonville Man Arrested After Accident Killed Police Officer
A Jacksonville man still in the hospital was arrested for DUI manslaughter and other charges after being involved in an accident that caused the death of a St. Johns County deputy. According to reports following the crash, the suspect was driving the wrong way on State Road 9A in Jacksonville and had been drinking prior to the crash. The reports indicate that the suspect submitted to a breathalyzer test that showed his blood alcohol level to be almost twice the legal limit of 0.08.
As most people know, if a person drives while under the influence of alcohol to the extent that his normal faculties (i.e. vision, judgment, coordination, balance, speech, etc) are impaired, he/she can be charged with DUI, which is a misdemeanor crime. Although a first or second DUI will always be a misdemeanor, that crime has reached the point where the penalties can be quite severe including jail, probation, community service, a large fine and a suspended license.
However, the charge of DUI can also be a felony charge in some situations and result in much more serious penalties such as significant prison time. If a person gets a third or fourth DUI, the State may have the option of charging the defendant with a third degree felony that carries a maximum penalty of five years in prison. However, the State in the Jacksonville, Florida area typically will still charge those cases as misdemeanors.
Police in Florida Can Force a DUI Suspect to Give Blood in Some Circumstances
In Florida when a police officer stops a driver and suspects that he/she is driving under the influence of alcohol (aka DUI, DWI or drunk driving), the officer will normally ask the driver is he/she will submit to a field sobriety test or field sobriety examinations. The driver has every right to refuse to submit to the field sobriety tests, and we would suggest that a driver needs to seriously consider refusing such a request because whether a driver passes or fails the field sobriety tests is subjective and determined solely by a police officer who already suspects that the driver is drunk.
Additionally in Florida, a police officer conducting a DUI investigation will also ask the suspect driver to submit to a breath, blood or urine test to determine the driver’s blood alcohol level. In Florida, the legal limit is 0.08. When a person in Florida accepts a driver’s license and the privilege to drive, he/she impliedly consents to take the breathalyzer test, however, the request to take the breathalyzer, blood or urine test is often refused by people under investigation for DUI for various reasons. However, in some circumstances, the police can force a person to submit to a blood test.
Florida law provides that the police can compel a person to give blood for a DUI investigation to check blood alcohol content (BAC) if the officer has probable cause to believe that the suspect driver was under the influence of alcohol or drugs and that driver caused an accident resulting in serious bodily injury(ies) to someone. In other words, if a person is involved in an accident that seriously injured someone and the police officer finds evidence that the driver caused the accident and was under the influence of alcohol or drugs at the time (i.e. odor of alcohol, slurred speech, stumbling/swaying, admitting to drinking alcohol or using drugs, taking the field sobriety test and/or other factors), the police officer can force the suspect driver to give blood to be tested for alcohol content.
Florida Football Player Arrested for DUI in Gainesville, Florida
Star defensive player Carlos Dunlap was arrested for driving under the influence of alcohol (DUI) this week just days before the SEC championship game, according to an article on Gatorsports.com. The article indicates that Gainesville police received a call of a reckless driver and found Dunlap stopped at an intersection where the light was green. The police officer approached Dunlap in the vehicle and saw that he appeared to be sleeping at the wheel. The police officer indicated that Dunlap’s breath smelled of alcohol and he had bloodshot, watery eyes. Once Dunlap exited the vehicle, the officer said he had difficulty maintaining his balance and did poorly on the field sobriety tests. Dunlap was then arrested for DUI.
There are a few issues that are raised by this kind of traffic stop and DUI. Police officers are not permitted to stop a driver based on an anonymous tip that the driver is violating the traffic laws. However, the police officer can investigate further and locate the suspect. If the police officer then corroborates the tip with his own observation of a traffic violation, he can make a traffic stop on the driver. Being stopped at a green light is not necessarily a traffic violation, however, if the driver remains stopped after the light turns red and green again a few times, the police officer may have a right to investigate further. Additionally, in this case, Dunlap was not driving when the police officer found him. However, the keys were apparently in the ignition and the car was on. Under these circumstances, the state could legally charge Dunlap with DUI even though the car was not actually moving.
Police Will Be Out in Force this Thanksgiving Weekend in Jacksonville, Florida
We have read several articles on the Internet about police and Florida Highway Patrol officers stepping up efforts to stop people speeding and driving under the influence of alcohol or drugs (aka drunk driving, DUI and DWI) in the Jacksonville, Florida area this weekend. Keep in mind that police come out in force on such holiday weekends and make many more traffic stops and arrests than on an ordinary weekend.
Another thing to keep in mind is that when a police officer suspects you of driving under the influence, every question he/she asks and everything he/she does from that point forward will be designed to obtain evidence against you to support the DUI case. For some reason, a lot of people think it is a good idea to answer questions about whether he/she has had anything to drink that night and if so, how many drinks. Unless the answer is zero, answering this question will only serve to help the state prove the DUI case against you. The same goes for the field sobriety tests. A person fails the DUI field sobriety tests when the police officer says so. It is a subjective test. And this is the same police officer who already has it in his/her head that you are drunk or he/she would not have asked you to perform the field sobriety tests in the first place.
Obviously, the best plan is to either not drink or get a ride with a friend or a taxi if you have been drinking. But, if you have been pulled over and the police officer is asking questions relating to a DUI or any other crime, understand that you have a Constitutional right to remain silent. If you decide to waive that right and answer questions, your answers will be used against you.
You Have the Right to Remain Silent During Field Sobriety Tests During a DUI Stop
If you are stopped for a DUI (aka driving under the influence of alcohol or drugs, DWI or drunk driving) and the officer has detained you for a DUI investigation, arrested you or read the Miranda warnings to you, you have a right to remain silent and not answer questions. Keep in mind that once the police officer has it in his/her mind that you may be impaired by alcohol or drugs, everything he/she does from that point on is to gather evidence to be used against you in a DUI case.
After a traffic stop where the police officer suspects you of driving under the influence of alcohol, he/she will ask you questions about where you have been, whether you have been drinking, and if so, how much. These questions are obviously designed to collect evidence to arrest you and charge you with DUI. The officer will also ask you to submit to field sobriety tests or exams. These are very difficult balancing exercises that are hard to perform under any circumstances. More importantly, whether or not you pass or fail is a completely subjective decision made by a police officer who obviously already thinks you are impaired or he/she would not have asked you to do them in the first place.
As criminal defense lawyers in the Jacksonville, Florida area who handle a lot of DUI cases, we read a lot of police reports where a person has made statements that help the police and the state prosecute them for DUI. When the U.S. Constitution affords you the right to remain silent and not incriminate yourself, consider why you would want to make a statement to the police in such a situation that is only going to be used against you in a criminal case.
Jacksonville, Florida Woman Sentenced to Four Years in Prison on DUI Charge
Driving under the influence of alcohol or drugs (aka DUI, DWI or drunk driving) is ordinarily a misdemeanor charge in Florida. A misdemeanor charge ordinarily means that a person convicted of the charge cannot serve more than 12 months in jail or on probation. However, for DUI’s, a first conviction carries a six month maximum and a second conviction carries a 9 month maximum. There are other penalties associated with a DUI charge such as fines, community service, license suspensions, DUI classes and/or an interlock device, depending on if it is a first or repeat DUI conviction.
However, in some cases, a DUI in Florida can be a felony charge (a charge that can result in a sentence of more than a year in prison and/or on probation) which can carry much more serious penalties. The obvious example is when a person commits a DUI and causes an accident that results in the death of another person. This is called DUI manslaughter and was the charge for which the Jacksonville, Florida woman recently was sentenced to four years in prison. If a person commits a DUI, causes a crash that results in a death and then flees the scene, the DUI charge is a first degree felony, which is the most serious kind. And if a person commits a DUI and causes an accident that results in serious bodily injury to another person, the state will charge that person with felony DUI with serious bodily injury. In these cases, what constitutes serious bodily injury is unclear. If a person brakes a bone or has to have surgery, the serious bodily injury element is likely met. If the person has some back pain and has to see a chiropractor for a few visits, the serious bodily injury element may be a stretch.
Even a simple DUI with no accident or injuries can be charged as a felony. For instance, if a person is arrested for DUI after two prior convictions and the most recent prior conviction occurred within ten years of the recent arrest, the state can charge that person with felony DUI which comes with a maximum sentence of five years in prison. If a person is arrested for DUI and has three prior DUI convictions, even if the last conviction was decades ago, the state can charge that person with felony DUI. In these instances, the state does not always charge the more serious felony (they still have the discretion to charge a misdemeanor DUI), but they certainly can if they choose to.