Law enforcement agencies are prohibited from conducting illegal seizures of a person. This protection is guaranteed through the United States Constitution and Florida Constitution. The initial stop of your vehicle in Florida, which led to an arrest for DUI, is considered a seizure and can be challenged if done unlawfully. To conduct a lawful stop, […]
You Can Challenge the Initial DUI Stop of Your Vehicle
Vehicle Inoperability Can Be a Defense for Actual Physical Control
If you were charged with an Actual Physical Control DUI in Florida, and your vehicle was inoperable at the time of arrest, the defense of vehicle inoperability might apply to your DUI case. An Actual Physical Control DUI is one in which the person was not actually driving the vehicle, but rather was arrested because […]
The Florida Temporary Driving Permit for a DUI Arrest
The Bureau of Administrative Review will issue a temporary driving permit to a person challenging a license suspension as a result of a DUI arrest. The temporary permit is valid for approximately 42 days, providing the driver with limited driving privileges as he or she awaits the review hearing. The temporary permit is not a […]
The Intoxilyzer 8000 Source Code Can Be Challenged
Once arrested for a DUI in Florida, the police will conduct a breath test to determine the level of alcohol in your breath. The Intoxilyzer 8000 is the breath alcohol machine used by the police in Florida and is the only machine approved for use by the courts. The Intoxilyzer 8000 is a simple computer […]
Involuntary Intoxication Can Be a Defense for DUI in Florida
Involuntary intoxication occurs when a person unknowingly consumes a substance that causes intoxicating effects. This can serve as a successful defense against a DUI in Florida. There are two common situations that arise in the context of a DUI defense for involuntary intoxication. The first situation occurs when a person becomes exposed to an intoxicating […]
Florida Requires Ignition Interlock Device for DUI Convictions
Ignition interlock device is used in Florida as one of the many conditions following a DUI conviction. Before a vehicle equipped with the ignition interlock device can start, the device takes a sample of the driver’s breath. The driver’s breath-alcohol level must be below a 0.05 to start the vehicle. To prevent misuse or deception, […]
Am I Going to Jail for a DUI Arrest in Florida?
You will probably go to jail for at least eight to 12 hours. Many times a person is taken to the jail for a breath test, whether they have been formally arrested or not. Under Florida law, a person arrested for DUI must be held at least eight hours before release, unless they are no […]
The Wheel Witness Defense for DUI
The “wheel witness” defense is a common challenge to a DUI in which an accident occurred. This defense is used, often in single car accidents, in which no one witnessed the defendant driving the vehicle. Without a witness, it becomes more difficult for the state to prove the driver was intoxicated. The State Attorney must […]
What is a D-6 Suspension in Florida?
In Florida, many license suspensions are referred to as D-6 suspensions. A license suspension will often occur from a person’s failure to appear for a court date or his or her failure to pay a traffic ticket or fine. Rather than issuing a warrant for your arrest, a judge may instead decide to suspend, or […]
Failure to Comply in Florida Can Lead to an Arrest Warrant
A failure to comply charge refers to a person who has not upheld his or her terms of a sentence. When convicted of a crime, the defendant will often receive a sentence including fines, community service, counseling or probation. These are court-ordered obligations which must be met. If they are not met, that is the […]
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