Articles Posted in DUI & BUI

What is a Designated Driver?

Many methods are used to prevent drunk driving. One of the most important and successful methods is the designated driver concept.

In 1988, the Harvard Alcohol Project was introduced as a way to bring drunk driving fatalities down.7 The project introduced the Scandinavian concept of the designated driver to the United States.

Nobody lives their lives expecting to get pulled over for driving under the influence one day. Still, it’s a good idea to understand your rights, be aware of your legal options, and know when to hire a DUI attorney just in case.

In most states, if the police pull you over for suspected DUI, they may ask you to perform field sobriety tests to ascertain whether or not you are driving intoxicated. Law enforcement often does this when they have a strong suspicion that you’re drunk driving and need evidence to confirm it.

What are Field Sobriety Tests?

Informants have many different names. To some, their name is a “responsible member of society doing their civic duty.” To others, their name is narc, snitch, or rat. What’s important, if you’re facing criminal charges, is not what you’d call them, but what Florida law calls them, as the answer to that may pay huge dividends in your defense. An experienced Tampa Bay criminal defense lawyer can help you put together the most persuasive case, including making this and other crucial distinctions.

As an example, we can look at the DUI case of a St. Petersburg woman. Officers arrested the woman for leaving the scene of an accident (in addition to DUI.) Part of what led law enforcement to the woman was a statement provided by an informant.

The critical question in this woman’s case — and in cases like it — was… what kind of informant?

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dui-3The Sixth Amendment to the U.S. Constitution contains within it many basic rights for people who are on trial for alleged crimes. This is the Amendment from which the accused derives his right to present a defense at trial. That right to present a defense is very broad and significantly limits what the prosecution and/or the courts can do to keep out relevant proof that you think can strengthen your defense case. Recognizing what you can and cannot present in your defense, as well as making the arguments necessary to get that evidence in front of your jury, are just two of the countless critical areas where the experience and knowledge of a skilled Clearwater criminal defense attorney can pay invaluable dividends to you.

Take, for example, a DUI homicide case where you are the driver on trial. That state has evidence that your blood alcohol level was well above the legal limit. But, to convict you of the homicide crime, the state needs proof that you caused the crash, not just that you were driving drunk.

Now imagine if you had proof that the other driver involved was legally drunk, as well. Would not that piece of evidence be valuable to your defense?

dui-3The 2004 World Champion Boston Red Sox baseball team was embraced by fans and given the affectionate nickname “The Idiots.” Unfortunately, one of the members of that team who grew up playing baseball in the Orlando area is in the news again, and he’s accused of doing something genuinely not very smart: driving under the influence of alcohol. While the criminal legal troubles of any person, including famous people, are no laughing matter, the mistakes they make can serve as teachable moments about what to do and what not to do. One thing this retired baseball star’s case teaches is the importance of taking the right steps if you’ve been stopped by the police. If you’re under suspicion of DUI in Florida, one thing you should do with all due haste is to reach out to a knowledgeable Saint Petersburg DUI defense attorney.

Law enforcement officers in an Orlando suburb stopped a black SUV shortly before 1:30 am early one morning in February. Inside were the former World Series champ and his wife. The officers asked if the retired outfielder had consumed any alcohol that evening. He replied “just a little bit” as he held his index finger and thumb in a gesture indicating the same thing. The police stated that the man’s speech was “extremely slurred,” according to News Channel 8.

The police asked the man to perform a field sobriety test. He accepted because, as he told the officers, “I’m a big boy,” Channel 8 also reported. At the police station, the man agreed to take a breathalyzer test, even though his wife advised him to refuse it. The two valid breath samples the police obtained yielded results of .294 and .300, according to a TMZ report.

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dui-3Here’s a troubling statistic: while drivers under the age of 21 only represent 10% of licensed drivers in the United States, they are responsible for at least 17% of fatal alcohol-related crashes. No wonder some parents install an interlock install device to keep their teens from driving while intoxicated.

Below are other sobering statistics you need to know before you hand over your car keys to your teenager:

  • According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), many young people abuse alcohol more than any other substance, with 12 to 20-year-olds accounting for more than 10% of the total consumption.

An IID or ignition interlock device is an electronic tool installed in vehicles and designed to detect if the driver has alcohol on his breath. The device is specifically for DUI offenders, particularly those who have been convicted more than once.

Although there are general penalties, each state in the U.S. follows its own guidelines and ignition interlock device installation laws. For example, in Florida, if a first-time DUI offender registered a blood alcohol level of 0.15 or higher, or if he had a minor passenger at the time of the arrest, the IID should stay in his vehicle for six months. Some states have similar laws, while some others have different penalties for such violations.

If you are a vehicle owner or driver, learning everything you can about DUI and IID laws is a must regardless of which state you reside in. Knowing what to do when you are arrested for driving under the influence is important. Familiarizing the penalties for ignition interlock device violations is also essential.

dui-3Drunk driving is one of the leading causes of death in the United States. Approximately one person dies every 50 minutes due to drunk driving. That’s equivalent to more or less 30 individuals per day.

In 2018 alone, the number of alcohol-impaired driving fatalities was at 10,511, with 980 of these involving drivers under 21 years of age. However, according to the National Highway Traffic Safety Administration or NHTSA, the numbers have significantly lowered in the past 30 years. Nevertheless, drunk driving remains to be a major problem in the country.

While each state follows strict DUI (driving under the influence) protocols, this has not prevented individuals with suspended licenses from driving again. As a result, federal and state authorities implemented interlock installation policies throughout the country. This technology uses an IID or ignition interlock device to prevent convicted drunk drivers from driving their cars while under the influence.

From Florida Daily:

This weekend is a big one for Saint Petersburg with the St. Pete Grand Prix and St. Patrick’s Day coming up.  Per the Florida Daily though, local residents need to be aware of a law enforcement operation set to coincide with all these fun activities…

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On Wednesday, the Florida Sheriffs Association (FSA)Florida Police Chiefs Association, and the Florida Highway Patrol announced the launch of Operation Dry Streets, a joint statewide initiative that focuses on keeping the roads safe for citizens and visitors across Florida.

If you’ve been arrested and charged with a crime in Florida, you should know what’re facing. You’ll most likely be facing  knowledgeable and capable prosecutors who are well-versed in using the legal system to get the information they want in order to make their case. They know how to phrase the requests they file with the court and make arguments in ways that generally persuade judges.

In order to defend yourself fully, then, you need legal representation that also knows how make (or oppose) requests effectively and make (or oppose) arguments persuasively. You need to be sure you have an experienced Tampa Bay criminal defense attorney on your side.

Consider the case of L.L. Actually, it was, at first, the non-case of L.L. In 2018, the state asked a judge to issue a subpoena for L.L.’s medical records. At that time, L.L. was not facing any criminal charges. The state argued that it needed the records as it had reasonable suspicion that the records held “information relevant to an ongoing criminal investigation.”

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