Tampa DUI Attorney Archives - Page 6 of 8

Category: Tampa DUI Attorney

Florida’s New Laws for DUI Administrative Suspensions and Reviews

Beginning July 1, 2013, the rules for the administrative suspension of a driver’s license after a DUI arrest, and the right to review that administrative suspension will change. Criminal defense attorneys who practice DUI defense will have to act quickly to understand the legislative changes. Update: Click here for a “How to Guide” on conducting […]

Written by Jason Miller on June 21, 2013

The DMV’s Policy at DUI Formal Review Hearings – No Call, No Show, No Problem

This article discusses the absurd position taken by the DHSMV that requires the petitioner to file a “Motion to Enforce a Subpoena” under Florida Statute § 322.2615(6)(c) after a witness fails to appear for a formal review hearing to contest the administrative suspension. Read more about how Florida DUI attorneys can deal with the DHSMV’s […]

Written by Jason Miller on February 23, 2013

Re: Rumor (County Prosecutor in Sumner County, KS, Figured out Intoxilyzer’s Slope Detector Doesn’t Work)

The Intoxilyzer 8000 has a real problem telling the difference between tiny amounts of alcohol in the mouth (often called “residual alcohol”) and the alcohol found in the breath from deep in the lungs. Only the latter can accurately measure how impaired a person might be. Mouth alcohol can cause a completely sober person to […]

Written by Jason Miller on January 11, 2013

DUI Checkpoint Tonight in Plant City, FL

The laws surrounding DUI checkpoints and roadblocks are strange. For instance, law enforcement officers are required to announce certain details about the DUI checkpoint in advance to the public. In order to comply with this requirement, the Hillsborough County Sheriff’s Office has announced that it will conduct a “lowman checkpoint and saturation” in the eastern […]

Written by Jason Miller on December 13, 2012

Illegal DUI Checkpoint in Pasco County, FL, Caught on Videotape

Part I – DUI Attorney Jason Sammis was recently interviewed by Mike Deeson with Tampa Bay’s 10 News on an illegal DUI checkpoint in Pasco County, FL. The problems with this DUI sobriety checkpoint may have huge implications for the officers involved and for future DUI sobriety checkpoints conducted in Pasco County, FL. The next […]

Written by Jason Miller on August 30, 2012

Remember the Intoxilyzer 8000 Study in Which FDLE Employees Were Paid to Get Drunk?

The “independent” scientific study on the Intoxilyzer 8000 conducted at the Florida Department of Law Enforcement (FDLE) in October of 2011 reads like a script from that TV show “Reno 911!” that ran on Comedy Central. Why did FDLE throw together this bizarre “scientific” study that involved 3 days of planning? The study involved buying […]

Written by Jason Miller on June 2, 2012

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. The hard suspension (no driving for any reason) that can range from 30 days to 18 months. The administrative […]

Written by Jason Miller on April 7, 2012

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 […]

Written by Jason Miller on March 31, 2012

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 […]

Written by Jason Miller on March 4, 2012

Florida’s Intoxilyzer 8000: Problems with Flow Calibrations Surface Statewide

Judges throughout Florida are beginning to hear evidence about big problems with the way the Intoxilyzer 8000 attempts to calculate breath flow (which is one factor used to estimate whether a sufficient sample of 1.1 liters of breath is provided). If the machine is calculating flow incorrectly then all the other readings produced by the […]

Written by Jason Miller on October 15, 2011