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It is not uncommon for people to be charged with DUI crimes following alcohol-induced crashes. While the police are permitted to investigate collisions without warrants, it is not always clear what constitutes a crash and, therefore, grounds for conducting an investigation.  In a recent Florida opinion, a court clarified what is considered a crash for the purposes of DUI investigations in a case in which it ultimately determined the defendant’s arrest was lawful. If you are charged with a DUI crime, it is in your best interest to talk to a Tampa DUI defense lawyer to evaluate what steps you can take to protect your interests.

Factual and Procedural History

It is reported that a police officer responded to a report of a traffic crash and found the defendant’s overturned pickup truck in a ditch. The defendant, standing nearby, exhibited signs of alcohol impairment. Despite no evidence of the truck colliding with another vehicle or structure, the officer initiated a DUI investigation. The defendant’s truck, which was damaged with a broken headlight, was towed, during which it was revealed it contained numerous alcohol containers. The officer subsequently arrested the defendant for DUI. Chemical testing revealed his BAC to be over .15.

Allegedly, the defendant moved to suppress the results of his chemical testing and any evidence obtained during the investigation, arguing that his overturned truck did not constitute a crash and, therefore, his arrest was invalid. The court granted his motion, and the state appealed. Continue Reading ›

In Florida, most DUI arrests arise out of traffic stops. The police generally must have reasonable suspicion that a motorist is committing a crime or violating a traffic law in order to lawfully stop them, however, and if they do not, any evidence obtained during the stop arguably should be deemed inadmissible. In a recent Florida DUI case, the court discussed the grounds for granting and sustaining a motion to suppress evidence gathered during a traffic stop. If you are charged with a DUI offense, it is advisable to talk to a Tampa DUI defense attorney about what defenses you may be able to assert.

Facts of the Case and Procedural Setting

It is alleged that an officer, equipped with over 17 years of experience as a DUI enforcement officer, observed the defendant’s vehicle driving 83 miles per hour in a zone with a speed limit of 35 miles per hour. The officer initiated a traffic stop after the defendant abruptly came to a halt in a turn lane rather than gradually slowing down. Upon approaching the vehicle, the officer detected a strong odor of alcohol emanating from it and noticed a half-filled cup of liquid on the floorboard behind the passenger seat. The officer also observed that the defendant had bloodshot and watery eyes and slurred speech.

In Florida, most DUI arrests arise out of traffic stops. While the police are permitted to investigate DUI crimes, they can only do so if they have reasonable suspicion that such crimes are being committed. They do not need to obtain consent from a DUI suspect to conduct field sobriety exercises, though, as demonstrated in a recent Florida case in which the court rejected the defendant’s argument that evidence obtained during his traffic stop should be suppressed. If you are accused of a DUI offense in Tampa, it is wise to speak to a Tampa DUI defense attorney as soon as possible.

Factual and Procedural Background

It is reported that, during a traffic stop, the officers suspected the defendant of DUI and directed him to perform field sobriety exercises. The defendant complied with their request but later moved to suppress the evidence of his performance on the field sobriety exercises, arguing that his consent was lacking and, therefore, the evidence violated the Fourth Amendment.

Allegedly, during the trial court’s hearing on the defendant’s motion, the court found that although there was reasonable suspicion of DUI, the defendant did not voluntarily consent to the field sobriety exercises. Consequently, the court granted the motion to suppress the evidence. The state appealed. Continue Reading ›

DUI manslaughter charges are frequently filed against people who drive recklessly while inebriated and cause the death of another person. Further, such charges may be brought even if it is not immediately evident that drunk driving caused the collision and consequent loss of life. In such cases, a DUI defendant may be able to argue that the prosecution has not shown enough evidence to prove guilt. In a recent Florida decision, the court considered what evidence the state needs present to prove that a motorist was driving while intoxicated and caused a fatal accident. If you’ve been charged with DUI manslaughter, it is wise to speak to a knowledgeable Florida DUI defense attorney about your possible defenses.

The Facts of the Case

According to reports, the defendant was traveling on the back of his ATV with his son. They were traveling on a country road with poor visibility and no shoulder. The ATV tipped over into a ditch at 9:00 p.m. The defendant was able to return the ATV to the road, and he and his son climbed on and attempted to start it. Witnesses nearby attempted to warn a truck approaching the ATV to slow down and encourage the defendant and his son to get off of the road.

It is alleged that a truck collided with the ATV, killing the defendant’s child and seriously wounding the defendant, who was flown to the hospital. The defendant admitted to drinking, and a blood test revealed that his blood alcohol concentration (BAC) was. 16. After a trial, he was found guilty of DUI manslaughter. He filed an appeal, claiming that the State had failed to present enough evidence to prove his guilt. Continue Reading ›