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Tag Archives: BAC Test

The Right to Obtain Blood Samples for DUI Charges

The Right to Obtain Blood Samples for DUI Charges

The driver of a vehicle is involved in an automobile crash in Palm Beach County, FL. The driver is injured, but no one else was involved in the accident. An alert motorist calls 911 to report the accident and requests medical care to the location. Police and fire rescue show up at the scene of the accident. While the fire rescue personal are removing the driver, they notice the smell of alcohol coming from the immobilized driver. Fire rescue provides this information to the investigation police officer, who notes the information and begins the DUI investigation. The driver is transported to Wellington Hospital, where she is examined in the emergency room for head injuries and as “standard” protocol her blood is taken. The driver is released that evening, because her… […]

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Litigation Involving a DUI in Florida

In Florida, in order for the State to be successful in gaining a conviction for DUI the State has to prove that the driver of a vehicle had an alcohol level greater than .08 or that the driver’s normal faculties were impaired while in control of a motor vehicle. The areas of litigation that are most contested in Florida criminal DUI’s are whether or not the driver had a breath or blood alcohol level greater than .08 and whether or not the driver’s normal faculties were impaired while in control of the motor vehicle. In order for the prosecutor to prove that the driver’s breath or blood alcohol level was greater than .08, when the driver was stopped for the DUI, the State requires prosecutors to show scientific proof of… […]

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Factors Contributing To Increased DUI Penalties in Florida

Factors Contributing To Increased DUI Penalties in Florida

Authorities have arrested a woman who they say was driving impaired and nearly hit another vehicle while in a student pickup line at a Miramar elementary school. According to a police report, an officer stopped Lisset Llauro, 39, of Pembroke Pines, in her 2010 Mercedes-Benz shortly before 2:40 p.m. Monday after observing her run over plastic lane markers in the pickup line outside Silver Lakes Elementary School at 2300 SW 173rd Ave. When the officer approached Llauro, she seemed slightly disoriented, had slurred speech and told police she didn’t know why she had driven over the lane markers, authorities said. Source, full story. Florida Drunk Driving Definition Drunk driving, known as driving under the influence or DUI in Florida, is governed by Fla. Stat. § 316.193. This statute defines the… […]

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DUI Charges and FAQ

DUI Charges and FAQ

The crime of driving under the influence (DUI), also called driving while intoxicated, occurs when a defendant operate a motor vehicle while under the influence of an intoxicant. A prosecution for a DUI usually happens after someone drives a motor vehicle while intoxicated and is stopped by police during a traffic stop. Although the crime involved a motor vehicle, it is not a traffic citation. Q: How Your Blood Alcohol Level is Measured A: The most common system for measuring and reporting a person’s blood alcohol level is calculated using the weight of alcohol in milligrams and the volume of blood in deciliters (this yields a blood alcohol concentration that can be expressed as a percentage). This system of determining blood alcohol level is the one prescribed by almost every… […]

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Assistant City Attorney Avoids Potential DUI Arrest

Assistant City Attorney Avoids Potential DUI Arrest

It is not illegal to drink and drive in the state of Florida. As long as your blood alcohol level (BAC) is below a .08 and your normal faculties are not impaired, you are not breaking the law if you get behind the wheel. However, even if you meet these requirements you could still be pulled over. A Port St. Lucie assistant city attorney was recently in this situation but was driven home by the police officer. Her blood alcohol level was not measured, nor was she asked to perform a field sobriety test. Driving While “Borderline” Intoxicated According to an article in WPTV News, Police Chief Brian Reuther stopped Assistant City Attorney Gabrielle Taylor around 2:30 a.m. Saturday, and said it appeared “she had difficulty driving.” The police chief… […]

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