Accidents that occur in Florida are investigated by the police. Through this investigation, police obtain information regarding the accident. Any person involved in an accident is required by law to report the accident in order to encourage cooperation among drivers. Information obtained by the police in the accident investigation can often be incriminating, especially if […]

Law enforcement agencies are prohibited from conducting illegal seizures of a person. This protection is guaranteed through the United States Constitution and Florida Constitution. The initial stop of your vehicle in Florida, which led to an arrest for DUI, is considered a seizure and can be challenged if done unlawfully. To conduct a lawful stop, […]

If you were charged with an Actual Physical Control DUI in Florida, and your vehicle was inoperable at the time of arrest, the defense of vehicle inoperability might apply to your DUI case. An Actual Physical Control DUI is one in which the person was not actually driving the vehicle, but rather was arrested because […]

The Bureau of Administrative Review will issue a temporary driving permit to a person challenging a license suspension as a result of a DUI arrest. The temporary permit is valid for approximately 42 days, providing the driver with limited driving privileges as he or she awaits the review hearing. The temporary permit is not a […]

Once arrested for a DUI in Florida, the police will conduct a breath test to determine the level of alcohol in your breath. The Intoxilyzer 8000 is the breath alcohol machine used by the police in Florida and is the only machine approved for use by the courts. The Intoxilyzer 8000 is a simple computer […]

Involuntary intoxication occurs when a person unknowingly consumes a substance that causes intoxicating effects. This can serve as a successful defense against a DUI in Florida. There are two common situations that arise in the context of a DUI defense for involuntary intoxication. The first situation occurs when a person becomes exposed to an intoxicating […]

Ignition interlock device is used in Florida as one of the many conditions following a DUI conviction. Before a vehicle equipped with the ignition interlock device can start, the device takes a sample of the driver’s breath. The driver’s breath-alcohol level must be below a 0.05 to start the vehicle. To prevent misuse or deception, […]

You will probably go to jail for at least eight to 12 hours. Many times a person is taken to the jail for a breath test, whether they have been formally arrested or not. Under Florida law, a person arrested for DUI must be held at least eight hours before release, unless they are no […]

The “wheel witness” defense is a common challenge to a DUI in which an accident occurred. This defense is used, often in single car accidents, in which no one witnessed the defendant driving the vehicle. Without a witness, it becomes more difficult for the state to prove the driver was intoxicated. The State Attorney must […]