DUI Category Archives — Page 16 of 18 — Jacksonville Criminal Lawyer Blog Published by Jacksonville, Florida Criminal Defense Attorney

Expect Jacksonville Police and Florida Highway Patrol Officers to be Out in Force This Holiday Season (December 2008)

Published on: December 26, 2008 | by Lasnetski Gihon Law

Jacksonville police target specific times and areas to increase their presence and make arrests for DUI (aka driving under the influence of alcohol or drugs or DWI), other traffic violations and other crimes. For instance. Jacksonville and Jacksonville Beach police officers are often located on J. Turner Butler Blvd. (JTB), Beach Boulevard and Atlantic Boulevard near Jacksonville Beach looking for alleged drunk drivers on the weekends and Thursday nights.

Jacksonville Sheriff’s Office (JSO) officers and Florida Highway Patrol (FHP) officers are going to be out in greater force this weekend, next week and next weekend because of the Christmas and New Year’s Day holidays. They will be looking for drivers who are driving erratically, swerving, speeding, driving aggressively and/or otherwise showing signs of driving while impaired.

If you have been stopped by a Jacksonville or FHP police officer and he/she intends to conduct a DUI investigation, or if you have actually been arrested for DUI in the Jacksonville area (Duval, Clay, Nassau or St. Johns County), it is important to contact a criminal defense lawyer immediately who will help protect your legal rights. The attorneys at Lasnetski Gihon Law are available 24/7 at (904) 642-3332 over the holidays if you have any questions or run into any problems regarding a DUI or any other issues related to a criminal matter.

Can Florida Prosecutors Use Evidence of Drug Possession to Bolster a DUI Charge?

Published on: December 12, 2008 | by Lasnetski Gihon Law

In Jacksonville, Florida, it is not uncommon for a person to be arrested and charged for a possession of drugs (such as marijuana or cocaine) in addition to driving under the influence of alcohol or drugs. However, depending on the circumstances, the prosecutors are not allowed to use evidence of one crime to bolster the other.

For example, in Jacksonville, Florida, a police officer reported that a driver was swerving on the road and pulled him over. The officer indicated that the driver smelled of alcohol and had bloodshot eyes and slurred speech. After the DUI (aka driving under the influence or DWI) investigation, the police officer arrested the driver because he felt the driver was under the influence of alcohol to the extent that his normal faculties were impaired. When a person is arrested, he/she will be searched by the police officer. In this case, the police officer found a small bag of marijuana on the driver. As a result, an additional charge of possession of less than 20 grams of marijuana (a misdemeanor charge) was added. If this case went to trial, should both charges be tried together?

A criminal defense attorney would likely decide to separate the charges so that two different juries decided the two different charges. This would be done pursuant to a motion to sever the two charges. Why? Because the defendant has a right to have a fair determination of his guilt, or lack thereof, on each charge. Whether the defendant was under the influence of alcohol and impaired while driving and whether he was in possession of marijuana are two different issues. However, if a jury heard evidence of both alleged crimes together, a jury could easily be prejudiced and let the evidence of one crime influence their decision on the other crime. In other words, a juror might assume that a person who drives drunk would be more likely to possess marijuana or a person who carries a bag of marijuana with him probably drives while impaired. This would violate the defendant’s rights and be improper. As a result, those two charges should not be tried together.

In Florida, Can Evidence of Marijuana Use Be Used Against a Defendant in a DUI Case?

Published on: December 9, 2008 | by Lasnetski Gihon Law

Not necessarily; it depends on the circumstances. Consider a case in Jacksonville, Florida where a driver caused a serious motor vehicle accident. The Jacksonville police officer showed up and reported that this driver appeared impaired, unresponsive and subject to mood swings. At the hospital, a blood sample was taken from the driver, and the test results were positive for marijuana metabolites. Can the results of this blood test be used against that driver in a trial for driving under the influence of a controlled substance (also referred to as DUI or DWI)?

In this case, a criminal defense lawyer would argue that the existence of marijuana metabolites (as opposed to the actual parent drug) in a defendant’s blood sample does not prove that the driver was under the influence of marijuana or otherwise impaired at the time of the accident. Forensic toxicologists would be used to testify that marijuana metabolites can remain in a person’s system for days after marijuana use and far beyond the time when the effects of marijuana use have worn off. The issue at the DUI trial is whether the defendant driver was under the influence of marijuana at the time of the crash to the extent that his normal faculties were impaired. Since any marijuana use could have occurred days before the crash, this evidence of marijuana metabolites is marginally relevant to the criminal case, if at all. On the other hand, this evidence of marijuana metabolites in the defendant driver’s system is highly prejudicial as it may lead jurors to assume the defendant was impaired or paint him as a drug user who was likely impaired or prone to commit such crimes. Because of the danger of this kind of unfair prejudice at the defendant’s trial, the criminal defense lawyer should argue that this evidence should be excluded from the criminal trial as more prejudicial than useful to prove the elements of the DUI crime.

In Florida, You Can Get a DUI For Riding Your Bike While Intoxicated.

Published on: November 21, 2008 | by Lasnetski Gihon Law

In Florida, the “driver” of a “vehicle” who drives with a blood alcohol content (BAC) of 0.08 or more or while his/her normal faculties are impaired may be guilty of driving under the influence (also referred to as DUI, DWI or drunk driving). Does the Florida DUI law also include a person who is driving a bicycle while intoxicated? Yes, it does.

In a recent Florida criminal case, a defendant was found guilty of DUI after he was arrested for driving his bicycle while under the influence of alcohol. It was his third DUI conviction, and the prior DUI conviction occurred less than 10 years earlier. Under Florida law, that third conviction within ten years meant a driver’s license suspension of at least 10 years.

The defendant plead no contest to the DUI charge, but his criminal defense lawyer appealed the 10 year driver’s license suspension arguing that it did not apply to people driving a bicycle. The Florida court disagreed. The term “driver” referenced in the Florida DUI laws means any person who drives or is in actual physical control of a vehicle on the road. “Vehicle” is broadly defined as any device by which a person may be transported upon the road. Based on these broad definitions, a person driving a bicycle would fall within the application of the Florida DUI laws.

Former Star NFL Quarterback Found Not Guilty of DUI

Published on: November 9, 2008 | by Lasnetski Gihon Law

Kenny Stabler was a star quarterback in the NFL for many years, many years ago. Apparently, he was arrested on drunk driving charges in Alabama (also referred to as a DWI; in Florida, referred to as DUI or driving under the influence of alcohol or drugs). According to an article on Sportsline.com, he was recently acquitted, or found not guilty, of those DUI charges.

The article notes that Stabler refused the request from the police officer to submit to the breathalyzer (the breath test that attempts to estimate blood alcohol content (BAC)). Normally, when this occurs, the state will attempt to use that refusal against the DUI defendant at trial by saying that he/she refused to submit to the breathalyzer because he/she knew the results would show that he/she was impaired or over the legal limit (0.08 in Florida). However, in Stabler’s case, the judge did not allow the state to use Stabler’s refusal of the breathalyzer as evidence to support the DUI charge and found that the state did not meet its burden to prove that Stabler was driving under the influence.

The reason the judge did not allow the refusal of the breathalyzer into evidence at the DUI trial was because the officer did not observe Stabler the entire time prior to requesting that he take the test. In Florida, if a person is stopped and the police officer performs a DUI investigation which results in a request to take the breathalyzer test, the officer must watch the suspect for twenty minutes prior to taking the test. This is because certain things the suspect may do, such as vomit or burp, may affect the accuracy of the breathalyzer tests.

Jacksonville and Other Florida Drivers May See More DUI Checkpoints

Published on: October 14, 2008 | by Lasnetski Gihon Law

Drivers in Jacksonville and other areas in Florida may see more saturation patrols and DUI checkpoints, according to a Florida Highway Patrol official. The reason is that a recent report from the Florida Department of Highway Safety and Motor Vehicles showed that deaths from alcohol-related motor vehicle accidents increased in 2007 by 13% (after decreasing from 2005 to 2006).

A saturation patrol occurs when Jacksonville Sheriff Office officers or other police flood an area to catch drivers who may be committing violations, such as driving under the influence of alcohol or drugs (aka DUI or DWI) or driving without wearing a seat belt. A DUI checkpoint is a police roadblock where the police stop every vehicle or periodic vehicles and investigate the driver for a DUI violation.

New Penalty for Commercial Motor Vehicle Drivers Convicted of DUI in Florida

Published on: October 12, 2008 | by Lasnetski Gihon Law

On October 1, 2008, a new rule will be in effect for commercial vehicle drivers who get convicted of driving under the influence of alcohol or drugs (aka DUI or DWI) in Florida. The new Florida rule provides that any commercial semi truck driver who gets convicted of a DUI will have his/her commercial driver’s license (CDL) suspended for one year from the date of the conviction. This is true whether the DUI crime occurred while driving a commercial vehicle or a personal vehicle. If a semi truck driver gets a second DUI conviction after October 1, 2008 (either in his/her commercial or personal vehicle), he/she faces a permanent revocation of his/her CDL (A CDL is required to drive a truck commercially.)

If you have been arrested for DUI in Jacksonville or the North Florida area, it is important to contact a lawyer immediately so that you understand your rights and the penalties you may be facing. The DUI laws change frequently so you should contact a lawyer who is up to date on all of the recent updates in DUI law.

Drunk Driving Suspect with Four Prior DUI’s Kills Newly Married Couple

Published on: September 15, 2008 | by Lasnetski Gihon Law

A person suspected of driving drunk ran a red light and caused an accident that killed a couple who had been married just over a month, according to an article on Foxnews.com. The suspected drunk driver has four prior convictions for DUI, or DWI as they are called in Texas. The suspected drunk driver was arrested and charged with murder under Texas law. In Jacksonville, Florida, two charges of DUI manslaughter would be likely, one for each victim.

It is unclear from the article whether the suspected drunk driver had a valid license. In Florida, if a person gets a fourth DUI conviction, he/she faces a mandatory permanent license revocation. While a person in Florida with one, two or even three DUI convictions may apply for a hardship license while his/her driving privileges are suspended, a person in Florida with a fourth DUI conviction is not eligible for a hardship license. In other words, a person with a fourth DUI conviction in Florida may not drive again, regardless of the time period between each DUI conviction.

University Professor Arrested for Three DUI’s in Eight Days

Published on: September 10, 2008 | by Lasnetski Gihon Law

A university professor in Pennsylvania was arrested three separate times on DUI charges in a just over a week, according to an article on Foxnews.com. After the third DUI arrest, the prosecutor made a motion to revoke the professor’s bond, arguing that he was a danger to the community.

Clearly, if true, these DUI arrests indicate that this professor has some serious issues. However, I use the article to illustrate the DUI penalties in Florida for those convicted of multiple DUI’s within a certain period of time. Having a third DUI conviction within 10 years subjects a person to increased DUI penalties. For instance, a third DUI within 10 years raises the maximum potential fine from $2,500 to $5,000. There is mandatory jail time of 30 days, although more can be given. The period of license revocation is 10 years, although a person is eligible to apply for a hardship license after 2 years. Clearly, the penalties for DUI increase significantly as a person gets subsequent DUI convictions.

Are You at Risk of Getting a DUI in Jacksonville?

Published on: September 5, 2008 | by Lasnetski Gihon Law

How does a person determine if he or she has been drinking to the extent that he/she is above the legal blood alcohol limit of 0.08 in Florida and may be at risk of getting arrested for DUI? There are many factors that determine what one’s blood alcohol concentration (BAC) will be after a certain number of alcoholic drinks. Five people who drink the same amount of alcohol over the same period of time may have different blood alcohol level results due to the various factors that affect a person’s BAC.

To help people avoid a DUI charge, there are blood alcohol calculators that assess certain information, such as weight, gender, the number and type of alcoholic drinks a person has had and the time period of the drinking, and try to estimate a person’s BAC. One such DUI calculator can be found here. One obvious problem with something like this is accurately determining the quantity of drinks a person has had. For someone who has had mixed drinks, as opposed to 12 ounce beers, it is very difficult to tell how much alcohol was consumed. Other than that, these calculators are estimates and should not be definitively relied upon to drive after having consumed alcohol. They may, however, be helpful for educational purposes to help someone understand how the various factors affect a person’s BAC and get a rough idea of how many drinks it takes for a person to approach the 0.08 legal limit in Florida.