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Home / Florida DUI News / Proposed Changes to Florida’s DUI Laws May Limit Defenses.

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving.

According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol per 100 milliliters of blood or per 210 liters of breath at the time of driving or any time after driving as a result of alcohol consumed before or during driving.”

This proposed change to the law takes away a defense that has been available to driver’s accused of DUI in the past.

At one time, under Florida Law, the state had to prove that the alcohol concentration present at the time of testing was the alcohol concentration at the time of driving. Florida law was amended and the Courts gave the State a rebuttable presumption that the results at the time of testing were the same as the time of driving. This shifted the burden to the defense to bring in expert witnesses to show that the blood alcohol concentration at the time of driving was under the legal limit based on the absorption of alcohol in the human body.

The new law takes this defense away. It makes the presumption that the alcohol concentration at the time of driving was equal to the concentration at the time of testing irrefutable.

In other words, if a person goes to a bar, does a few shots of tequila or other alcoholic beverage and immediately drives the short distance home, prior to the alcohol being absorbed into their system, (at a time they are not under the influence), later on, when tested if they are above the legal limit, they are guilty of DUI and there is no defense based on the fact that at the time of driving they were not impaired.

About David Katz

David Katz
David Katz is one of only 3 Board Certified DUI Defense Experts practicing in the State of Florida. David achieved recognition asa DUI Defense Expert in July of 2012 from the National College for DUI Defense, the only organizations accredited by the American Bar Association to award Board Certification in the area of DUI Defense. A founding partner of Katz & Phillips, P.A., David Katz is a former Assistant State Attorney and DUI / Intoxilyzer Lead Attorney with the Seminole County State Attorney’s Office. David has prosecuted cases in both Orange and Seminole Counties. Chosen by the Florida Prosecuting Attorney’s Association, David taught DUI trial skills to new prosecutors statewide. As the Seminole County Intoxilyzer Lead Attorney he received unique training and experience with the Intoxilyzer 8000, including access to the manufacturer of the device, which he now uses to aid in the defense of DUI cases. David has been the featured speaker at Continuing Legal Education Seminars focused on DUI Defense, lecturing to attorneys practicing DUI defense throughout the country. David is also the author or co-author of seven books on DUI defense including three Inside the Minds series books focusing on DUI cases. As a defense attorney David has focused his practice on DUI defense and has played a key role in the suppression of thousands of breath test results in Central Florida and surrounding areas, acting as the lead attorney in suppression hearings focusing on source code and machine malfunction issues. David is truly focused on his clients needs. He has received the 2012 AVVO Client Choice Award and the 2013 Client Distinction Award from Martindale-Hubbell. Further, David was recently featured in NEWSWEEK Magazines' 2012 Showcase of Leading Criminal Defense Attorneys. The only dedicated DUI defense attorney to be featured this year. PROFESSIONAL AFFILIATIONS: The National College for DUI Defense The National Association of Criminal Defense Lawyers The Florida Association of Criminal Defense Lawyers The Central Florida Association of Criminal Defense Lawyers The American Bar Association The Florida Bar Association The Orange County Bar Association The Seminole County Bar Association The Lake County Bar Association DUI is not recognized as a specialized area of law in Florida, therefore Mr. Katz is not certified as a Specialist by the Florida Bar.

If you would like to contact the author, please visit: http://www.orlandocriminalteam.com/


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