New Year's Eve is a night of celebrations, resolutions, and usually a champagne toast. While it's easy to get carried away with all the partying that happens on the 31st of December, now is a good time to start thinking about how you will get home safely.
In previous posts, we laid out the consequences you may face if you are convicted of a first and second DUI. If you are pulled over and facing your third DUI, the stakes are raised significantly, especially if you are convicted of your third within 10 years of any of your prior DUIs. In the state of Florida, a third DUI within 10 years of any prior DUI is considered a third-degree felony. Here are some of the punishments that you may face if you are convicted of a third DUI.
In one of our previous blog posts, we covered 5 Things to Know for Your First DUI, which gave you an idea of what to expect if you are going through the process of being accused of a DUI for the first time. In this article, we will go over four types of punishments you should expect if you are convicted of a second DUI offense.
In 2010 John Goodman, founder of International Polo Club Palm Beach in Wellington, was convicted of the DUI manslaughter of a University of Central Florida student named Scott Patrick Wilson. He was sentenced to 16 years in prison upon conviction, but has filed to have his case appealed based on the evidence of his blood alcohol level.
Drinking and driving is an offense some of us tend to take for granted until we get pulled over. What constitutes a DUI? According to the Florida Department of Highway Safety, it's when it is found that the operator of the vehicle is proven to be impaired beyond the legal limit, via breathalyzer, of a blood alcohol content (BOA) of 0.08 or greater. Knowing what makes you at risk for a DUI is important, to be sure, but what sort of charges are you facing?
There is continuing controversy over constitutional infringement regarding breath tests without a warrant. The United States Supreme Court finds that being submitted to a blood test for alcohol abuse is unconstitutional while breath-tests without probable cause remain legal.
The Florida State Supreme Court is preparing to hear arguments about the state law which allows citizens to be prosecuted if they refuse a breathalyzer. Currently, Florida law allows police officers to arrest suspected drunk drivers if they refuse to take a breath test.
Earlier this month, the Supreme Court considered the fourth amendment implications of the administration of breathalyzer tests for suspected drunk drivers. While it is true that in all 50 states there are laws which allow a person's driver's license to be revoked if they refuse a breathalyzer, some states, along with the federal government, have additional laws. These laws include criminal punishment and even jail terms for a person who refuses to take a breathalyzer test.
The Florida State Supreme Court will hear a case from Volusia County that challenges the constitutionality of warrantless DUI breath tests. More specifically, they are reviewing the right to prosecute citizens suspected of drunk driving who refuse to take breath tests.
Excessive drinking and social media are often a recipe for poor decision making, but a Florida woman may have upped the ante on questionable decisions on Columbus Day weekend. Twenty three-year-old Whitney Beall was driving home in Lakeland when she was pulled over by police and subsequently arrested after failing a field sobriety test. Beall wasn't pulled over in a routine traffic stop or sobriety checkpoint, though. Authorities located her via her own declarations on social media.