It is not uncommon for people to be charged with DUI crimes following alcohol-induced crashes. While the police are permitted to investigate collisions without warrants, it is not always clear what constitutes a crash and, therefore, grounds for conducting an investigation. In a recent Florida opinion, a court clarified what…
In Florida, most DUI arrests arise out of traffic stops. The police generally must have reasonable suspicion that a motorist is committing a crime or violating a traffic law in order to lawfully stop them, however, and if they do not, any evidence obtained during the stop arguably should be…
In Florida, most DUI arrests arise out of traffic stops. While the police are permitted to investigate DUI crimes, they can only do so if they have reasonable suspicion that such crimes are being committed. They do not need to obtain consent from a DUI suspect to conduct field sobriety…
In most DUI cases, the State will rely on the results of chemical testing to determine whether or not the defendant is guilty. Despite the fact that Florida’s implied consent legislation requires all motorists accused of DUI to consent to breath or urine testing, police must acquire warrants to conduct…
DUI manslaughter charges are frequently filed against people who drive recklessly while inebriated and cause the death of another person. Further, such charges may be brought even if it is not immediately evident that drunk driving caused the collision and consequent loss of life. In such cases, a DUI defendant…
In Florida, drivers suspected of intoxicated driving have a legal duty to submit to a breath test. Should you violate this obligation, you could lose your license. Indeed, a DUI refusal can lead to immediate penalties—even if you are not actually intoxicated. In this article, our Tampa DUI defense attorney…
It is axiomatic that the State cannot convict a person of a DUI based on suspicion alone. In other words, if the State lacks concrete evidence that a DUI has been committed, a defendant cannot be found guilty of DUI. Recently, a Florida appellate court analyzed whether the identity of…
In each criminal case, the defendant must choose which plea to enter, and in some cases it is prudent for a defendant to enter a guilty plea. Even if a defendant waives his or her right to a trial by conceding guilt, however, he or she is still afforded certain…
The U.S. Supreme court recently bolstered personal privacy protections for anyone who owns a cell phone. The court’s new 5-4 ruling also clarifies some important safeguards for anyone facing Florida criminal charges (or elsewhere). The justices said that law enforcement officers generally need a warrant before they can obtain and…
A recent fatal DUI accident in North Florida is an unfortunate reminder of the risks that come with getting behind the wheel while intoxicated. The criminal conviction of a driver involved in the accident also shines a light on some of the legal issues related to proving impairment in cases…