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DUI Archives

Traffic Crash, DUI and the Accident Report Privilege

A car accident leads to a traffic crash investigation which often time leads to criminal charges such as drunk driving or DUI. Floridians should be aware that the law requires them to cooperate with a traffic crash investigation. The intent behind the reporting requirement is to encourage true and uninhibited reporting of accidents, with the ultimate goal of making highways safer.

New York DWAI & Enhancement of Florida DUI

In the context of a Florida DUI, a Florida appellate court has interpreted Florida law as allowing a conviction to a New York charge of driving while alcohol impaired (DWAI), section 1192 (1), to be used to enhance a Florida DUI. In addition, a conviction to a New York DWAI can be used for purposes of suspending a Florida driver's license. Both Florida cases that stand for these propositions came from the 4th District Court of Appeal (DCA).

Arrested for DUI, 10 days for what?

Arrested for DUI? Before going to court, a driver's license will be suspended 10 days after the DUI arrest if the person refused to give a breath sample or sumbmitted to the test and blew over a .08.   As to the license to drive, there are three options (1) request a hearing to reverse the suspension called a Formal Review Hearing, (2) request hearing for an immediate hardship license or (3) do nothing.  The choice to do nothing is a choice to accept a driver license suspension.  The deadline to file an election for a hearing at the Department of Highway Safety and Motor Vehicles (DHSMV) is also the same 10 day period before the suspension is imposed. The DUI citation is a driving permit for those same 10 days.

DUI Refusals

Arrested for DUI?  Refusal to submit a sample of breath, blood or urine is a criminal offense in Florida if the person's license has been suspended in the past for refusing to submit to testing. An officer can request a driver to blow into the breath machine if a person is lawfully arrested. Unfortunately, officers will put people down as having 'refused' a breath test even when a person tries to blow. In the context of urine, stage fright will still be marked as a refusal.

Driving While Under the Influence - Impaired Definition Coming Soon, Maybe

A frustrating issue defending those accused of Driving Under the Influence or DUI, has been the lack of a definition of the word "impaired" in the standard jury instructions. Without a breath, blood or urine result or sample the State of Florida must prove that the person is "impaired" in order to convict a person of DUI.  This is especially true if the accused is DUI by drugs or prescriptions. However, the Florida Supreme Court in issuing jury instructions has sought fit to leave the word "impaired" undefined.

Roadblocks or Roadside Safety Checkpoints

Roadblocks or "Roadside Safety Checkpoints" as they are referred to by law enforcement are legal only if the police follow the rules. Yes, the Constitution does still apply as do the laws of the State of Florida, even though it certainly does not feel like it or a particular law enforcement officer's god complex has raised its ugly head. In order to be legal, they have to have followed several steps including publishing an operational plan, communicating the plan and then actually complying with the operational plan.

DUI by Prescription

A person can be convicted of DUI by prescription drugs. Some people do not realize that until it is too late. If you are reading this blog, then likely you or someone you know discovered the hard way that you can be arrested for DUI if impaired by any one of a long list of prescription drugs. In Florida, DUI stands for "Driving Under the Influence". The influence can be of alcohol or drugs that are illegal narcotics or prescriptions. A DUI can be a felony in Florida.

Felony DUI in Florida

In some circumstances Driving Under the Influence of drugs or alcohol or DUI can be charged as a Felony DUI. DUI sometimes also referred to as DWI is an offense that can carry enhanced penalties both by the number of convictions and the severity of the bodily injury to another.

Jurisdiction to Suspend a Driver's License for Refusal to Submit in a DUI

The Department of Highway Safety and Motor Vehicles ("DHSMV") has jursidcition to suspend licenses for refusal to submit a breath sample, however their jurisdiction must be properly obtained.  A person who is arrested for suspicion of Driving Under the Influence of drugs or alcohol ("DUI") in Florida will be asked to provide a sample of their breath by blowing into an Intoxilyzer 8000. If you refuse to blow, then your license will be suspended but you can challenge the suspension at an administrative hearing at the Department of Highway Safety and Motor Vehicles ("DHSMV"). There are several challenges that can be raised at a DMV hearing.

Blood Test or Blood Draw in DUI, DUI Serious Bodily Injury, DUI Manslaughter -

In Florida when a person is suspected of DUI Manslaughter or DUI causing serious bodily injury the police can use reasonable force to get a blood sample to test. A blood test can only be obtained when there is probable cause to believe the driver is under the influence and caused a serious bodily injury or death. This includes serious bodily injury to the driver. Law enforcement DOES NOT have authority to force a blood test or blood draw in a plain DUI, DUI with property damage or DUI with bodily injury.

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