Articles Posted in Dui

Generally, in most DUI cases, the State will rely on the results of chemical testing to establish a defendant’s guilt. Although Florida’s implied consent law dictates that all motorists suspected of DUI consent to submit to breath or urine tests, absent exigent circumstances, the police must obtain warrants to conduct blood tests. If an officer compels a person to submit to a blood test without a warrant, the test might constitute an unreasonable search, rendering the results of the test inadmissible. In a recent Florida opinion arising out of a DUI case, the court discussed the factors weighed in determining if the police unlawfully conducted a blood test. If you are charged with a DUI offense, it is wise to speak to a knowledgeable Florida DUI defense lawyer regarding your rights.

The Defendant’s Arrest

It is reported that the defendant was involved in a motor vehicle collision. When police arrived at the scene of the accident, they suspected that the defendant was under the influence of alcohol and asked her to submit to field sobriety testing. She did poorly on the tests she completed and stated she had a knee injury. When asked if she consumed alcohol, she reported drinking rum and coke earlier in the day.

Allegedly, the police transported the defendant to a hospital and asked her to provide a blood sample. She refused the request on two occasions. After the investigating officer determined that a passenger in the other vehicle involved in the crash died from his injuries, he directed a nurse to conduct an involuntary blood draw, which showed that three hours after the accident, the defendant’s BAC was 0.13%. The defendant was charged with DUI manslaughter, and prior to her trial, moved to suppress the results of the blood test. The court denied her motion, and the jury issued a guilty verdict, after which she appealed. Continue reading ›

Criminal defendants, including people charged with DUI offenses, are afforded the right to a speedy trial by both Florida law and the United States Constitution. If a court violates this right by failing to try a person for a DUI offense in a timely manner, it may constitute grounds for a dismissal, but not all delays will be considered a violation of a person’s rights. What delays are permissible was the topic of a recent Florida opinion, in which the court denied a defendant’s appeal based on an alleged violation of his right to a speedy trial. If you are charged with a DUI crime, it is in your best interest to speak to a knowledgeable Florida DUI defense attorney about your rights.

The Defendant’s Charges

It is reported that an officer arrested the defendant in November 2019 for an accident that occurred in June 2019. He was charged with two DUI charges in December 2019. Then, in June 2020, one of the victims of the crash died. As such, a week later, the State amended the information to change one of the DUI charges to DUI manslaughter.

Allegedly, the defendant then moved to have DUI manslaughter charges against him discharged, arguing that the State violated his right to a speedy trial pursuant to the Florida Rules of Criminal Procedure and that the new charges should be dismissed because they were filed after the applicable time period expired. He further stated that had the COVID-19 pandemic not occurred, he would have been tried prior to the victim’s death. The court denied his motion, ruling that the speedy trial rule was suspended during the pandemic. The defendant then appealed. Continue reading ›

In many instances in which a person is charged with a DUI crime in Florida, it is because they are stopped while driving a vehicle under the influence of alcohol or drugs. If a person is suspected of causing a collision while intoxicated but the police have no proof that the person drove the vehicle involved in the crash, they may seek a warrant to obtain evidence such as blood samples. Recently, a Florida court issued an opinion in a DUI case, reversing an order suppressing evidence obtained via multiple search warrants, and in doing so explained the probable cause the State must demonstrate in order to obtain a warrant. If you are charged with a DUI offense, it is advisable to speak to a seasoned Florida DUI defense attorney to assess your options.

The Accident and Subsequent Investigation

It is reported that a fatal accident occurred at approximately 2:30 am at an intersection in Orange County. The passenger and driver of one vehicle both died due to their injuries. The other vehicle involved in the crash was registered to the defendant, who was sitting in the driver’s seat. He had seat belt burns across his chest, and the passenger of the vehicle stated that the defendant was impaired and drank too much to drive.

Allegedly, the defendant was transported to the hospital, where he refused to submit to a blood draw. The officer investigating the accident obtained a warrant and was permitted to seize a sample of the defendant’s blood. A second warrant was obtained a few days later to allow the office to obtain evidence from the defendant’s vehicle, and a third warrant was issued a month later to obtain a DNA sample from the defendant to determine if it matched DNA obtained from the car. The defendant filed a motion to suppress the evidence obtained from the warrants arguing the police lacked probable cause to seek such warrants. The trial court granted the motion, and the State appealed.

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In order to convict someone of DUI, the State generally must prove the person was driving while intoxicated, which it usually does through the introduction of evidence of the individual’s blood alcohol concentration. Thus, if the police improperly obtained a blood test and the results of the test are deemed inadmissible, the State may be unable to prove culpability. Recently, a Florida court discussed when the results of chemical testing should be suppressed in a case in which the defendant was charged with DUI manslaughter. If you are accused of DUI in Florida, it is critical to retain an assertive Florida DUI defense attorney who will fight to help you try to protect your rights.

Facts of the Case

It is reported that the defendant was involved in a collision that resulted in the death of another person. The police officer investigating the accident believed that the defendant was intoxicated and asked him if he would submit to a blood test. The defendant declined, after which the officer obtained a search warrant that allowed him to obtain two blood samples an hour apart. After securing the warrant, the office obtained two vials of blood from the defendant via a single draw and did not collect a second sample. The defendant filed a motion to suppress the results of the test, arguing the police failed to comply with the warrant. The trial court granted the motion, and the State appealed.

Grounds for Suppressing Evidence Obtained Via a Search Warrant

The trial court relied on established Florida law stating that the purpose of requiring specificity in the description in a warrant of the things to be seized is to prevent general searches. The duty for an officer to explicitly describe the objects that will be taken under the warrant bars general searches and avoids an officer from confiscating one thing when another thing is described in the warrant. In other words, the requirement that a warrant must be particular limits the discretion of the officer that is conducting a search pursuant to the warrant by preventing an exploratory search under a general warrant.

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Everyone is familiar with that feeling of dread that hits the pit of your stomach when you see the flashing blue and red lights in your rearview mirror. Most, however, are fortunate enough to never experience this same feeling when behind the wheel and under the influence of alcohol or drugs. But, DUIs happen, and the situation can be overwhelming to handle on your own.

Imagine you are pulled over in Cape Coral after a night out with your friends. The police officer suspects you have been drinking, issues a breathalyzer test and arrests you for driving under the influence. You’re taken to jail, facing an unknown sentence and a criminal record.

You miss work, possibly lose your job, and will most certainly have a hard time securing new work with a DUI on your record. At the same time, your personal relationships suffer, your driver’s license is suspended, and all of your personal liberties start to feel like they are slipping away.