Stephen Daniels of DUI UNDO Consultants has announced a new challenge he discovered while spending time trolling the Florida Administrative Rules regarding breath testing in Florida. Under Florida Administrative Code section 11D-8 which covers the testing of substances for alcohol in DUI cases, an evidentary breath test instrument must be registered prior to use. The rules under 11D8-004(4) state that Department Inspectors shall be employed… to register evidentary breath test instruments… Until the last 30 registrations, all breath test instruments ... Read More »
More Problems with the Alcohol Testing Program in Florida
For years, the State of Florida Alcohol Testing Program, a division of the Florida Department of Law Enforcement has been denying that they possessed the software used in the Intoxilyzer 8000 in Florida. When the Intoxilyzer 8000 first starting being used in Florida the software in it was version 8100.26. Many judges throughout the State ordered FDLE to disclose the software in their possession. In response the State allegedly sent all copies of the software back to CMI, the manufacturer ... Read More »
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 ... Read More »
Florida switches from Frye to Daubert
Beginning July 1, 2013 Florida law changed. Florida had been using the Frye standard; however, we have now switched to what is known as the Daubert standard. The Daubert standard comes from the Supreme Court’s 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The old standard, Frye, focused on the underlying scientific principles looking to see if they are sufficiently established and have gained general acceptance in their field. Florida’s new law is found in section 90.702 which was ... Read More »
Florida’s Administrative Suspension Process Changes July 1, 2013
In Florida a driver who was arrested for DUI would face an administrative suspension of his or her driving privilege. However, they could challenge this suspension using the “Formal Review” process. If they won they would get their regular license back. However, if they lost, or if they did not challenge the suspension, their privilege to drive would be suspended. If they took the breath test, they would lose their privilege to drive for 6 months. If they refused to ... Read More »
How to Choose the Right Attorney for Your DUI Case.
Many attorneys who practice criminal law also take DUI cases. These “Jacks Of All Trades” may or may not have the knowledge needed to help you in your DUI case. Choosing an attorney who focuses his or her practice on DUI defense may have a significant effect on the outcome of your case. Some states recognize Board Certification in the area of DUI and others do not. It is important that you take the time to interview multiple attorneys before ... Read More »
.02 BAC Violation, Is it a crime??
Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »
To Sleep or Not to Sleep? The DUI Ambien Defense
To Sleep or Not to Sleep? The DUI Ambien Defense By: David Katz, Esquire & Andrew Nickolaou, J.D. Even non-drinkers could be in danger of being charged with DUI in Florida. If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »
Florida Fails to Follow Rules for Intoxilyzer Maintainence
Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... Read More »