DUI Defense Attorney Blog - Fighting Florida DUI Cases

Blog

Florida Highway Patrol on DUI Checkpoints

Part II – Florida Should Ban DUI Checkpoints or Roadblocks As this case demonstrates, the Florida Highway Patrol should not be trusted to help local law enforcement agencies conduct DUI checkpoints or roadblocks. In these checkpoints thousands of law abiding citizens are delayed, stopped, and questioned. Out of the thousands of stops only a handful […]

Written by Jason Miller on September 10, 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

Volume Not Met “Refusal” on Florida’s Intoxilyzer 8000

James G. Wigmore, the author of Wigmore on Alcohol: Courtroom Alcohol Toxicology for the Medicolegal Professional, has an interesting blog with articles on a host of issues related to DUI breath testing. His most recent blog post discusses the relevancy of forced vital capacity on the ability to provide a breath sample. Click here to read […]

Written by Jason Miller on July 9, 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

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 […]

Written by Jason Miller on February 29, 2012

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. Update: Most recent DUI checkpoint in Oldsmar, Pinellas County FL, on 9/28/12 nets 12 arrests including 5 DUI arrests. The first such DUI roadblock/checkpoint was scheduled for Friday night, February 17, 2012, […]

Written by Jason Miller on February 19, 2012

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 […]

Written by Jason Miller on February 18, 2012