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It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing

After a DUI arrest in Florida the driver can request a formal or informal review hearing to contest the administrative suspension of the driver’s license. That administrative suspension can range from 6 months to 18 months with a hard suspension (no driving for any reason) that can range from 30 days to 18 months. The [...]

Right to an Independent Chemical Test After a DUI Arrest in Florida

Imagine that you have a glass of wine with dinner. On the drive home you are pulled over for speeding. The officer asks you if you have been drinking and doesn’t believe you when you say, “I only had one glass of wine.” You agree to submit to field sobriety exercises. You perform the exercises [...]

Prior DUI Convictions Defined under Florida Law

The penalties and punishments in a DUI case depend, in part, on whether the person has any prior convictions for a DUI (or similar offense) and when those prior convictions occurred. Different penalties can exist for second or subsequent DUI cases including: a second DUI conviction outside of five years; a second DUI conviction within [...]

Ignition Interlock Device in all Florida DUI Cases? HB 681 and SB 864

It looks like the Florida legislature is one step closer to making a watered down change to Florida’s DUI laws. On February 29, 2012, the Florida House of Representative passed Florida 2012 HB 681 with 109 YEAS 109 and only 6 NAYS. The companion bill pending in the Florida Senate (called Florida SB 864) has [...]

DUI Checkpoints in Pinellas County to Increase Throughout 2012

Bob Gualtieri, Pinellas County Sheriff, announced that “Wolfpack patrols” and DUI checkpoints will occur once a month starting in February of 2012. The first such DUI roadblock/checkpoint was scheduled for Friday night, February 17, 2012, beginning at 8 p.m. and continuing until 3 a.m. on Saturday morning at 9001 U.S. Highway 19 N in Pinellas [...]

Florida SB 1810 – Creating New Strict Liability Standard for DWI Drug and Marijuana Cases

Florida has yet to legalize or even decriminalize the possession of a small amount of marijuana for personal use. Instead, the Florida Senate is moving toward creating a law which would create a “per se” or “strict liability” standard for any driver with low levels or trace amounts of residual marijuana in their urine or [...]

New DWI Law in Florida – SB 1810

Florida Senate Bill (SB 1810) introduced by Senator Stephen R. Wise, Republican, on January 7, 2012, would change Florida’s DUI laws to a DWI standard. DWI stands for “Driving While Impaired.” The proposed legislation amends the term “under the influence to the extend normal faculties are impaired” to “impaired to the extent that the person [...]

Flow Sensor Intoxilyzer 8000 Problems – Laura Barfield Explains…

So can it get worse for Laura Barfield, the director of the Florida Department of Law Enforcement’s (FDLE) Alcohol testing program? Watch the video below to hear Laura Barfield testify about problems with the Intoxilyzer 8000′s flow sensor. In the middle of her testimony she asks to retract the last 5 minutes of her testimony [...]

Temple Terrace Police Department’s DUI Checkpoint / Roadblock on Friday Night

The Temple Terrace Police Department conducted a DUI checkpoint / roadblock on Friday night, December 30, 2011, near 56th Street and Whiteway Drive. The roadblock began at 10 p.m. Friday, and was scheduled to end at midnight. Following the roadblock the Temple Terrace Police Department scheduled a “saturation patrol” from midnight until 4 a.m. on [...]

DUI Checkpoint in New Port Richey, FL

The Florida Highway Patrol organized a multi-agency DUI Sobriety Checkpoint in New Port Richey. Other agencies involved in the roadblock included the New Port Richey Police Department, the Pasco County Sheriff’s Office, and the Dade City Police Department. Although the officers stopped 1,034 vehicles during the roadblock, only six individuals were arrested for DUI. Those [...]

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