Articles Posted in DUI

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The State of Florida allows for no exceptions when it comes to driving under the influence of alcohol or drugs. In the best-case scenario it’s a mid-level misdemeanor, unless your Fort Lauderdale DUI defense attorney can help you plead down the charge or possibly succeed in having the case dismissed altogether. DUI Defense lawyer

Intoxicated drivers under age 21 generally don’t face consequences any more serious than those who are of-age, but the definition of “impairment” for underage drivers holds them to a much more stringent standard.

Anyone over 21 is considered to be intoxicated with the blood-alcohol concentration of 0.08, as measured either by a breathalyzer or blood test. But for drivers under 21, a BAC of just 0.02 is enough to be deemed impaired. It should be noted that those with even lower BACs than these can be arrested for DUI in Florida if, per F.S. 316.193, it is established that his/her normal faculties are impaired. Continue reading

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Florida DUI defense attorneys know that a key part of due process in these cases from the very beginning is that if police want to secure blood from a suspect who is unwilling, they’re going to need a warrant first.DUI defense

Of course, there are exceptions, which the U.S. Supreme Court has just drastically expanded. But as noted in tersely-written dissents in Mitchell v. Wisconsin from Justices Neil Gorsuch and Sonya Sotomayor, the court ended up deciding a question it was never asked.

This case arose from an incident in Wisconsin, which like Florida and dozens of other states, has an implied consent law. Similar to Florida’s implied consent law, Wisconsin holds that drivers who assume the responsibility of controlling a motor vehicle on public roads also accept the responsibility to submit to chemical testing if asked by a law enforcement officer with reasonable suspicion of DUI. In Florida, this is applicable to breath and urine samples only, with failure to do so resulting in an automatic one-year license suspension.

In a 2013 ruling, the U.S. Supreme Court held that extracting blood samples (sometimes deemed to produce more scientifically accurate results than the other two) are different because it requires a personal body intrusion. Thus, barring exigent circumstances, if a person refuses to submit to a blood test, police need to obtain a warrant to do so. A person who is unconscious cannot provide consent to such an act, and thus a warrant is required, defendant argued. But the state upheld his DUI conviction.

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A Florida DUI arrest of a man driving a lawn mower has raised questions about the type of “vehicle” on which one might be arrested for DUI in Fort Lauderdale.Fort Lauderdale DUI

Local news reports are that a Haines City police officer was inside a business when a loud crunch from outside indicated someone had struck his cruiser. He walked outside to find a 68-year-old man operating a lawn mower with trailer attached that had crashed into the police vehicle. The man allegedly told the officer he’d be drinking, but denied causing any damage. After his breath-alcohol concentration was measured at 0.241, he was arrested for DUI and his lawnmower impounded.

As our Fort Lauderdale DUI defense attorneys can explain, while police are generally more concerned about drunk driving in traditional motor vehicles because of their potential for injurious and fatal damage, it is true a person can be arrested for operation of a number of different “vehicles,” pursuant to F.S. 316.193. Continue reading

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Law enforcement officers wishing to obtain a blood sample of a driver suspected of being impaired would be wise to get a warrant. However, the latest practice of so-called “e-warrants” is making that process much easier, a fact our Fort Lauderdale DUI defense attorneys want to make individuals aware.Fort Lauderdale DUI defense lawyer

When it comes to sobriety testing during traffic stops of suspected impaired drivers, there are a few things a Florida DUI defense lawyer will want you to know in advance: Continue reading

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As long-time Fort Lauderdale DUI defense attorneys, we’ve encountered plenty of cases where defendants were arrested for drunk driving on America’s birthday (July 4th), around the holiday recognized for Jesus Christ’s birth (Dec. 25th) and of course the birth of each new year (Jan. 1st). Still, there is one holiday that sometimes gets overlooked as one accompanied by a seemingly higher risk of DUI arrest: Your own birthday.Fort Lauderdale DUI defense lawyer

Studies (including one published in the Journal of Consulting and Clinical Psychology) have shown binge drinking is especially common on one’s 21st birthday, though the research didn’t specifically indicate this directly correlated with an uptick in drunk driving for celebrants. (It should be noted that if you are out celebrating your 21st birthday and are stopped prior to midnight on your actual birth date, the threshold for intoxication is far more stringent, the legal limit being 0.02 blood-alcohol concentration versus 0.08.)

Recently, R&B singer Marcus Cooper, Florida native, member of the hip-hop group Pretty Ricky and reality show cast Love & Hip Hop: Miami, made headlines for a recent birthday DUI arrest in Miami Beach. Vibe Magazine reported a Miami Beach police officer clocked Cooper’s SUV speed at 100 mph in a 45 mph lane around 3:45 a.m. The officer alleged he witnessed the driver, later identified as Cooper, swerving and coming dangerously close to a collision with another vehicle. Interestingly despite this account, the officer officially cited the dark tint on the vehicle’s windows as the reasonable cause for initiating the traffic stop. The singer agreed to undergo a field sobriety test (which, side note, is not required by state law the way chemical alcohol and drug testing is under F.S. 316.1932, Florida’s implied consent statute). The officer reported the singer’s bloodshot eyes, slurred speech and comment that he’d been “partying for his birthday.” Defendant allegedly blew more than twice the legal adult driver alcohol limit of 0.08. The officer further alleged resistance and threats to phone a few famous friends. In an Instagram video (later deleted), Cooper lamented his 38th birthday was ruined and denied the charges, which in addition to DUI include resisting arrest without violence, reckless driving and driving with a suspended license.   Continue reading

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Some are crediting the presence of ride share companies like Uber and Lyft (also referred to as transportation network companies, or TNCs) with driving down the number of DUI arrests and crashes in Miami. The City of Miami reported Miami DUI arrests dropped by nearly one-third over the last four years. Miami-Dade Police report DUI arrests are down a stunning 65 percent in the same period. While roughly 1,500 DUI arrests made annually between 2013 and 2015, The Miami Herald reports DUI arrests clocked in just shy of 600 last year.Miami DUI defense attorney

Miami DUI arrest lawyers know that while it’s true many are increasingly relying on ride share services, we nonetheless see a spike of DUI collisions and traffic stops on New Year’s Eve and New Year’s Day, long noted to be one of the booziest of the year. Annually at the end-of-year holidays, the Florida Highway Patrol steps up its, “Drive sober or get pulled over,” campaign, specifically aiming at drivers under the influence of alcohol and/ or drugs.

Even if it’s your first drunk driving arrest in Florida – or your first arrest ever – you can expect it will cause you grief personally, professionally and, of course, legally. Limiting your statements to investigating officers is wise until you have spoken with a Miami criminal defense lawyer – a fact you will want to state calmly but firmly to police who try to question you about where you have been, where you’re headed, what alcohol you have consumed or even whether you have. Blood-alcohol or breath-alcohol tests are compulsory under Florida’s implied consent law, and if you do refuse, it will mean an automatic one-year license suspension.  Continue reading

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As Florida juvenile defense attorneys, we have seen an increasing number of criminal cases wherein the contents of one’s smartphone have become exceedingly relevant. It’s not just teens who have become reliant on smartphones of course. The Pew Research Center reports 95 percent of Americans own a cellphone of some kind and 77 percent have a smartphone, up from 35 percent in 2011 when researchers conducted the first survey of smartphone ownership. Juvenile criminal defense attorneys in Fort Lauderdale know that because these devices contain a wealth of personal data on each owner, it has raised all sorts of complex legal questions about privacy and evidence collection in the course of a criminal investigation and prosecution.Fort Lauderdale juvenile defense

One question now poised for review by the Florida Supreme Court is whether a defendant’s smartphone passcode – unique to each person and the only way by which content on that device can be accessed – can be compelled by police or prosecutors. Two Florida appellate courts are split on the issue.

However, the tide may turn in favor of personal privacy protection, given the ruling by the 11th U.S. Circuit Court of Appeals (the federal appellate court that covers Florida), which ruled forced decryption of a smartphone amounted to violation of a defendant’s constitutional Fifth Amendment right against self-incrimination. Continue reading

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Since the passage of Amendment 2 in 2016, Florida lawmakers have been trying to weed through the state’s already-complex marijuana statutes to hammer out new rules for growing, processing, distributing and possessing/ using the plant. Some individual cities have adopted their own ordinances with regard to recreational marijuana, which has led to many people being confused about what’s legal and what isn’t in Florida.marijuana defense lawyer

What we can say for certain is that Amendment 2 did NOT:

  • Alter Florida’s drug possession laws;
  • Change the fact that you can be arrested for driving under the influence of marijuana – medical or not;
  • Grant permission for the public consumption/ smoking of the drug;
  • Have any impact on federal law, which expressly prohibits marijuana possession and distribution, regardless of purpose.

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A recent decision by Florida’s Third District Court of Appeals makes it clear that police have the right to stop you for license plate framing that obstructs ANY portion of the words on the plate. That means police have yet one more reason to initiate traffic stops (which can lead to additional charges).criminal defense attorney

In Florida v. Pena, Attorney General Pam Bondi and Assistant Attorney General Christina Dominguez argued for the state, citing in particular the statute F.S. 316.605(1), which states that license plates must keep plainly visible and legible at all times 100 feet from the front or rear “all letters, numerals, printing, writing and other identification marks upon the plates regarding the word ‘Florida,’ the registration decal and the alphanumeric designation.”

Defendant in this case alleged the Miami traffic stop was illegal – and the trial court agreed, meaning any other evidence gleaned thereafter would be inadmissible. However, the 3rd DCA reversed.  Continue reading

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Marijuana use is gaining acceptance in a growing number of states across the country, and it’s even approved in Florida for limited medicinal uses. Many municipalities have decriminalized personal possession, but that doesn’t mean people can use it with impunity – particularly on the roads.marijuana DUI defense

In fact, nothing about F.S. 316.193, Florida’s driving under the influence statute, has been altered to allow drivers operating vehicles under the influence of marijuana to do so with any greater freedom. But the increased popularity has led the Florida Department of Highway Safety and Motor Vehicles to allocate $5 million to a public service campaign to warn people of the consequences for driving while high. The “Drive Baked, Get Busted” initiative is an attempt to discourage people from driving after they have smoked or otherwise consumed marijuana. The campaign has already started cropping up on billboards and on local television and radio broadcasts statewide.

The state is specifically targeting motorists 18 to 34, as well as those 55 to 74. Additionally, authorities plan to start collecting data on positive drug test results gleaned in traffic crash investigations, with the goal of helping policymakers ascertain how frequently drug use plays a part in crashes and other traffic offenses. These tests are likely to be similar to what are used in roadside tests used to ascertain sobriety, except they would likely use urine as opposed to breath. But as our criminal defense attorneys know well, the challenge here – and with prosecutions of drivers accused of DUI marijuana – is how to ascertain if someone is actually under the influence, or merely consumed marijuana at some point recently. Continue reading

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