One of the key pieces of evidence in many criminal Florida DUI cases is the breathalyzer test, typically conducted with a brand of machine known as the “Intoxilyzer.” It is designed to measure a person’s blood-alcohol content by analyzing particles released in one’s breath. But the science behind the machines…
Although the constitutionality of sobriety checkpoints has been challenged repeatedly across the country, it has consistently been upheld. That being said, police agencies are held to strict standards regarding how these operations must be carried out. Those include officers having a valid reason for establishing the checkpoint (high number of…
Florida law requires drivers arrested for a DUI to take a breath, urine or blood test if the arrest is lawful and the officer has probable cause to believe you are under the influence of alcohol or drugs. Defendants may be asked to take more than one test and in…
The case of Coffey v. Shiomoto involved a woman who was arrested for DUI, pleaded guilty to “wet reckless” (a lesser charge available in California, where this case originated) and then fought to have her administrative license suspension vacated. Similar to what happens in Florida, a person arrested in California…
For the death of a 6-year-old boy and injuring three others, a 20-year-old Davie man is facing serious felony charges that could send him to the prison for the next 35 years or more. According to news reports, the suspect, who was 19 at the time of the wreck, had…
Following a Broward Circuit judge’s conviction for driving under the influence in Boca Raton, it was agreed she would suffer additional sanctions. Those included a 20-day, unpaid suspension from the bench, a public reprimand and a $5,000 fine As well, she must undergo an evaluation for alcohol abuse and addiction…
In the last handful of years, state lawmakers have handed down increasingly tougher laws pertaining to leaving the scene of a crash – particularly when it involves a fatal crash. Those efforts include a measure last year that increased the penalty for leaving the scene of a deadly crash to…
A defendant in a DUI manslaughter case was five months pregnant with her fourth child when she received a sentence of 15 years for killing a pregnant woman outside a hotel in Fort Lauderdale three years ago. Family members of the decedent, who was seven months pregnant with a son…
Police officers swear the eyes never lie, at least when it comes to the horizontal gaze nystagmus exam. The test is routinely used by police officers who suspect a driver is drunk as part of the field sobriety exam. It involves having a suspect follow a small object, such as…
DUI checkpoints occur nearly every day across the country, and up to several times a week in Florida. While some states refuse to allow them, sobriety checkpoints have been deemed constitutional by the U.S. Supreme Court and the Florida Supreme Court. Still, they continue to raise the ire of some…