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Gainesville FL DUI with Dangerously High Blood Alcohol Level

Not everyone accused of a DUI charge is guilty. It is easy to be arrested by mistake, or incorrectly.

Of course, some people go out for a good time and underestimate how much they have to drink, resulting in an arrested for a DUI . Very few, however, drink themselves to the point of a near-death experience. According to the Gainesville Sun, Tavaris Linell Hills tested at 4 times the legal limit when he was pulled over for suspicion of DUI.

Hills had passed out in his vehicle at a traffic light where he slept through a few cycles of the light. When witnesses came to his aid he awoke and began crying. When he saw the police, however, he began driving again, but only for two blocks.

When he stopped, Hills exited the vehicle and refused to perform any field sobriety tests. He did, however, submit to a breathalyzer that showed he had a blood alcohol content of 0.387%. At this level it would not be out of the question for Hills to have died. Instead, he was arrested and taken to the Alachua county jail. [Read more…]

Roadside DUI Blood Tests in Palm Beach

In an effort to crack down on drunk driving the Palm Beach Sheriff’s Department plans on stepping up their checkpoints this month. According to this report from WPBF the department will be “out for blood”.

As it stands citizens can refuse to take a breath test when asked for a sample by the police. The Sheriff’s Department plans on getting blood samples from those who refuse, however. This unorthodox approach is nothing new, just unusual to be done roadside.

It seems the department plans on using this more as a scare tactic than a regular practice. When an officer explains “If you refuse we can get a warrant to draw blood”, it may shake someone up enough to get them to consent to the original breath test. [Read more…]

Florida Drunk Driver Denied Bail After Accident that Left 3 Children Dead

According to the Miami Herald, a Miami judge ordered Gabriel Delrisco remain behind bars pending his trial this week. Delrisco was behind the wheel of a minivan that struck a vehicle carrying a father and his three children. All three kids, ages 10, 7, and 4, died as a result of the accident.

While drivers typically charged with DWI/DUI manslaughter are let out on bail, the judge decided Delrisco’s record made him an unusual risk. He remains under suicide watch at the Miami-Dade jail.

The prosecution in the case pointed out that Delrisco has had 26 tickets during the past 8 years including one DUI. He did, however, have a valid license at the time of the accident. [Read more…]

Some FL DUI Offenders Had a “Blue Christmas” This Year

In an attempt to nab people driving on a suspended license, St. John’s County Sheriff’s Department rolled out an interesting program over the holidays. A member of the traffic division sat outside the homes of drivers with suspended licenses and waited for them to get behind the wheel.

According to Sgt. Mulligan, the people targeted were “known” to have been continuing to drive despite their driver’s license suspension or revocation. Twenty-two arrests were made in conjunction with the “Blue Christmas” program that took place over the last few weeks of December. Deputies and members of the traffic division were given photos of the known offenders so they would recognized them and make a proper arrest once spotted getting behind the wheel.

Many people charged in the “Blue Christmas” operation in the St. Augustine, FL area had their license suspended due to DUI charges. In Florida your license can be suspended for up to one year for your first offense. The penalty climbs with each successive DUI conviction until your license is permanently revoked after your 4th conviction within 10 years.

Driving while your license is suspended can carry 60 days in jail and a $500 fine for your first offense. If you have been previously convicted of driving while your license is under suspension you face up to 1 year in jail and $1,000 in fines for a second conviction, and up to 5 years in prison and $5,000 in fines for a 3rd conviction.

All in all, those arrested are facing serious potential penalties. While I am not sure that having officers camped outside residences for two weeks was a worthwhile taxpayer expenses, I do know that the courts will be busier now and that those people arrested are rethinking their hasty decision to drive.

People don’t realize what an inconvenience a suspended license is until they are in that boat. Having to depend on others to get everywhere can be very stressful. More than likely these arrestees got tired of depending on others and took a chance. Unfortunately for them, the Sheriff’s Department was lying in wait for them to slip up.

If you are facing similar charges, you need experience and determination on your side when you go before the judge. Particularly if this isn’t your first offense you want to be sure you get the best defense attorney you can.

Stopping Florida DUIs: Policies That Work?

After any tragic case of someone killed by a repeat drunk driver, there are always a flurry of editorials about Florida drunk driving laws, and what can be done about preventing future victims. The most recent article is here in the Sarasota Herald Tribune.

It is important to distinguish between people who make a mistake and may be slightly over the limit, and those who have chronic alcohol addiction and abuse problems, who are the most likely to re-offend.

Unfortunately, Florida DUI laws are a blunt instrument that tends to punish decent citizens who make a mistake as if they are dangerous criminals. The laws are set up to maximize the pain of fighting a charge, fair or not, due to instant license loss and the potential financial hardships that result from not being able to drive.

And, as the article says, those who are chronic abusers are much more likely to drive while their license is suspended after a DUI, or illegally borrow a car to avoid an ignition interlock device requirement.

The current law which requires an ignition interlock device after a 2nd offense conviction, or a .15 BAC Enhanced DUI is arguably reasonable compromise. But punishing citizens with a IID requirement after any conviction would be unduly harsh on regular citizens, and it unlikely to prevent future drunk driving incidents.

And proposals for mandatory alcohol monitoring in all vehicles is extraordinarily intrusive and over the top.

We all want rules and laws that keep drunk drivers off the road and work to insure public safely while not infringing on the civil liberties and rights of ordinary citizens.

Fortunately, there is an innovative law enforcement approach to chronic alcohol abuse and drunk driving right in Sarasota: The Sarasota County DUI Court.

DUI courts in Florida (there are 3) exist to aggressively monitor and change the behavior of chronic alcohol abusers with two or more DUI convictions. The monitor and test for alcohol consumption, treat the person’s alcohol addiction. If a person succeeds in the program, they are given an opportunity for reduced sentences. If a person washes out, stiff penalties are issued.

It will be fascinating to see what results from these innovative courts, and if an impact on Florida drunk driving statistics can be measure as a direct result from programs like these.

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If you are arrested and charged with a DUI in Florida, please contact us for a free legal defense consultation.  We look forward to speaking with you and offering our help.

DUI Suspect on Track Causes Train to Stop in Ocala, FL

A strange story about an Ocala Florida arrest where a woman’s car is stopped on train tracks, forcing a train to stop. She was subsequently arrested for drunk driving.

One of the interesting parts of the story is that registered as under the legal limit on a breath test machine. According to the news report, she recorded a .077% on two different tests, which is just shy of the legal limit for intoxication of .08% BAC under Florida law.

A drunk driving prosecution can, and presumably will still be pursued despite this fact. According to Florida DUI laws, a breath test or blood alcohol level at .08 or higher is no the only legal standard of guilt for drunk driving. You can be arrested, charged, and convicted of drunk driving with any BAC level if there is sufficient proof that you are under the influence and/or impaired to a degree that your faculties are reduced.

However, the fact that she is technically under the legal limit is certainly evidence that she may well have not been impaired. The case will likely hinge on other behaviors, and evidence gathered at the scene.

The police say that she failed field sobriety tests, among other subjective assessments at the time of the arrest. Field sobriety tests can often be successfully challenged in court by a knowledgeable defense attorney. There are many reasons a person can fail a field test, and not be impaired. And police often administer them incorrectly, again their very training, which can cause the results to be completely invalid.

Other police statements in the news report are that she was unsteady on her feet, and her eyes were glassy and bloodshot. Again, there can be reasonable explanations for any of these conditions, and the question is also valid to ask – “Compared to what”? What are the normal conditions of her balance and eyes? Presumably the police have never met her before.

Again, this is all wild speculation based on a flimsy news report. But most any Florida DUI defense attorney would love to fight a case with a breathalyzer result under the legal limit. The result will be admissible in court, and may flip the balance and burden of proof. The prosecutors will have to establish legal intoxication despite evidence that she was under the legal limit.

After a thorough review of the actual evidence in the case, such as the police report, a smart DUI defense attorney will know what to expect in court, what the police officer will say, and how to challenge those claims with plausible explanations.

If the prosecutors and police witnesses can’t establish, beyond a reasonable doubt, that the individual was impaired and guilty of a crime, then she should be found not guilty.

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If you have been arrested on a Drunk driving / DUI / DWI charge in Florida, please contact our statewide attorneys for a free consultation. You will get an opportunity to have a legal case evaluation with an experienced attorney in DUI defense, who knows your court, and knows the law. And there is no obligation for our advice. Talk to us, and talk to other attorneys if you need to. Whatever it takes to make sure you get the best attorney you can find.

But don’t delay, contact us today.

DUI and Criminal Charges Can Include Child Neglect

The St. Petersburg Times has a story of a disturbing trend involving Florida DUI arrests with children in the car. Officers seem to be seeing this circumstance more frequently, and can result in additional criminal charges of child neglect being brought against the driver.

A child neglect charge is now encourages in these circumstances, which has not always been the case in the past. In addition, such a charge puts into motion an investigation of the child’s home life, and can help identify children who might have dangerous home situations that may not have been noticed.

Neglect charges are not just happening in cases of DUI stops. Any criminal activity by parents with children present may result in the additional criminal offense in an arrest, including illegal drug purchases and transactions, and many other possible situations.

In any case, while this trend is unsettling, at least law enforcement and Florida social services and the Department of Children and Families are taking the right approach to helping kids who may be in need.

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For a free consultation on any arrest or criminal charge in Florida, please contact out attorneys today.

MADD on Patrol for More Florida DUI Arrests

Advertised as a “first in the nation” partnership and pilot program, MADD will be performing “traffic observation” looking for drunk drivers in Florida over the labor day weekend. Volunteers will from MADD (Mothers Against Drunk Drivers) will be on the road from 10pm-2am looking for drunk drivers, and calling in suspects to local Florida Sherriff’s departments.

The volunteers will not have any special communication or access, and will be using their own cell phones. They will make no effort to stop drivers or otherwise interfere in the sheriff’s duties in any DUI stops that result.

However, they have all undergone “ride-along” training with officers, as well as classroom programs. Presumably they have been instructed as to what is and isn’t suspicious driving behavior that might lead one to believe that a driver is drunk or impaired.

The most interesting part of the article is where the Florida MADD director suggests that they will be keeping their own statistics as to “response times, percent of arrests, number of observations and interceptions, etc.” One wonders what expectations they have with regard to police responsiveness to their private patrolling.

And it is certainly a interesting question as to what effect, if any, these private patrols will have on police behaivor and drunk driving arrests in Florida.

Open questions remain as to whether these calls will recieve a higher priority response than other police duties. I hope Florida law enforcement does there own study, but also analyzes the cost of what the police are not doing if they are chasing many of these calls down. Are other areas of public safety at risk? For example, do domestic violence calls get slower response times while law enforcement is chasing these drivers around?

If the same resources are being used with different priorities, there is always a trade-off. Someone should be making sure that trade-off is worth it.

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If you are accused of drunk driving in Florida, please contact us for a free consultation.

Another Article on How DUIs are Bad

I suppose articles like this one in the Orlando Sentinel are supposed to get people to think twice about drunk driving. And that’s certainly a fine goal, really. No one is supportive of driving under the influence or impaired.

But in everything there is a line that can’t be crossed (actual intoxication/impairment) and some gray area. Having a drink and driving is perfectly legal. Having two drinks and driving is, for most people perfectly legal, unless they are huge drinks, or for some other reason able to impair you.

That level of impairment has a legal definition. It is .08% BAC as measured on a legal, officially maintained and operated breath test machine. There are also a number of subjective measures that may indicate impairment, as mentioned in this article. They include:

  • Erratic driving
  • bloodshot/glassy eyes
  • the smell of alcohol on your breath
  • slurred speech
  • various field sobriety tests
  • and other indicators

It is objectively true that you can have any of the above indicators and absolutely not be impaired or guilty of drunk driving.

And again, we all agree that if it is a close call, you probably shouldn’t be driving. But the degrees are important. Plenty of people who are arrested, and even convicted of DUI in Florida were probably not really impaired. But that law makes it very likely that a person will plead guilty on close calls, because, 1) they will likely lose anyway, and 2) it is a very difficult and time consuming process to defend yourself in court for a trial that could take months to resolve, all the while you don’t have the ability to drive and earn a living. This happens everyday.

But they stigma attached is severely out of proportion.  In the article, and insurance industry rep is quoted:

“Your insurance company will usually find out about your conviction when they check your driving record come renewal time, said David Snyder, vice president and assistant general counsel for the American Insurance Association. Then your rates will increase sharply, or the company could drop you altogether.

“I can’t imagine anything other than killing somebody with a car that is viewed more negatively than a drunk-driving conviction,” Snyder said.”

I wonder if this is a factual statement, or just a strange opinion. Because I can imagine things that should be treated more seriously. How about driving through a playground full of preschoolers at 75mph?

The anti-drunk driving industry refuses to have any perspective on these issues. Most people who get convicted of a DUI aren’t hardened, dangerous criminals. Assuming a person is truly guilty – and not just forced to plead guilty because of how stacked the system is against defendants – then they made a mistake. A mistake in an area of the law where there is significant gray area, and prosecutions and convictions are way out of proportion with the actual crime.

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If you are facing a DUI/Drunk Driving charge in Florida courts, please contact us for a free legal consultation and case evaluation.

New Florida Igntion Interlock Law in Effect July 1

Florida’s new ignition interlock requirement makes our DUI laws even tougher. As reported in many local news outlets, the new interlock law has the following rules.

If you are convicted of a first offense DUI charge, and you record a .15% BAC on a breath test machine (almost twice the legal limit in Florida of .08%), you are guilty of an Enhanced DUI. (Previous, the level for an enhanced DUI 1st offense was .20 BAC or greater)

A first offense Enhanced DUI conviction results in a required Ignition Interlock Device for 6 Months.

Other additions in the new DUI interlock law are

  • Two year interlock requirement for anyone who is a “habitual” DUI offender
  • A 3rd Offense DUI or subsequent will require A DUI treatment course

Florida Interlock Manufacturer Company Seeks Tax Breaks?

This is the kind of news that makes you wonder if the state government is colluding with private industry. Now that the the new interlock law will be adding perhaps thousands of new customers, the Florida based ignition interlock company Guardian Ignition Interlock is looking for tax breaks from Brevard County to expand.

Isn’t the new business the Florida legislature is mandating for them enough? Do they have to pick our pockets again?

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