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Home / Tag Archives: Florida DUI News

Tag Archives: Florida DUI News

Florida Breath Testers Not Registered

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 »

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 »