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Tag Archives: DUI

Driving Under The Influence Of Prescription Drugs Is A Problem In Florida

Driving under the influence of prescription drugs is a major problem in Florida, according to Florida Law Enforcement Officials. Florida law enforcement officials have been cracking down on drivers suspected to be ‘impaired’ by prescription drugs. The DUI Law in Florida Florida law is very clear on the issue of prescription drug ‘impairment’ and operation of a motor vehicle. The law proscribes DUI guilt if someone is driving, or in actual physical control of a vehicle, while under the influence of a chemical substance set forth in FL Statute 877.111 or any of the controlled substances in chapter 893. Controlled substances listed under the 893 chapter of Florida law are drugs that are commonly known as street drugs: Heroin Cocaine Methamphetamines Marijuana Other similar ‘illegal’ drugs. But what about prescription drugs? The same… […]

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Facing DUI Charges in Palm Beach County

Facing DUI Charges in Palm Beach County

Driving under the influence or DUI in Palm Beach County, FL does not just mean that the driver was consuming alcoholic beverages and operating a motor vehicle while their normal faculties were impaired. Driving under the influence in Palm Beach County, FL also includes consumption of prescription drugs that impair a driver’s normal faculties whether or not those prescription drugs have been lawfully prescribed by a physician or unlawfully received and consumed by the impaired driver. Florida law is clear on this issue of DUI of prescription drugs and it states: “Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to a… […]

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Blood Tests in DUI Incidents Resulting in Crashes

Under Florida Law, 316.1933 (1) (a) if a Law Enforcement Officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person’s blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in Florida Statute 877.11or any substance controlled under Florida Statute 893. The law enforcement officer may use reasonable force if necessary to require such person to submit to the… […]

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Blood Draw as Evidence in Florida DUI Cases

Palm Beach County has witnessed many high profile criminal trials play out in the media. Recently, in Palm Beach County, Florida there has been much buzz in the air about “blood” samples and a DUI crash that took the life of Scott Wilson, a young man from Wellington, whose death was caused by Polo and Air Condition Mogul John Goodman. What about the “blood” draws and Florida DUI Laws? There are many sub-topics contained within this body of law, but it is a safe bet to place “all your money” on the Court finding against the DUI driver of an automobile; whose blood was drawn after he or she caused the death or serious bodily injury to a person. Why do criminal defendants face an uphill battle when trying to… […]

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How is a 4th DUI Charge Significant in Florida?

How is a 4th DUI Charge Significant in Florida?

DUI’s are common in Florida. But what happens when the driver gets arrested for his fourth DUI in Florida? Why is number 4 such a powerful DUI number in Florida? In Florida, if the Assistant State Attorney can prove three prior convictions for DUI, then the driver with his or her fourth DUI is facing a felony. Specifically, any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in FL Gen. Stat.  by up to 5 years in Prison. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000. The loss of driver’s license for the 4th… […]

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DUI: When and Where Must I Submit to a Roadside Test?

DUI: When and Where Must I Submit to a Roadside Test?

As a practicing DUI or DWI lawyer, in West Palm Beach, FL, I am always asked the question of “what gave the cop the right to get me out of my vehicle to suspect me of drunk driving?” The standard to compel an officer, in removing a driver from their vehicle on a DUI or DWI Stop is “reasonable suspicion” that the driver is under the influence of alcoholic beverages or a controlled substance to the extent that the driver’s normal faculties are impaired. Well what gave the sheriff or law enforcement officer “reasonable suspicion”? The easy answer to that question is their gut feeling. But the arresting sheriff or police officer will write in their reports that they observed: (i) the driver’s breathe had alcohol coming from it; (ii)… […]

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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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Florida DUI and Enhancement Laws

Florida DUI Statute section 316.193, Driving Under the Influence and its Penalties: (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2)(a) Except… […]

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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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Hit and Run DUI Accidents and Consequences

Hit and Run DUI Accidents and Consequences

A Wellington woman is accused of a hit and run DUI accident that occurred on January 17, 2014. According to Palm Beach County Sherriff’s arrest report, Jennifer Sorgie, who was driving a black Dodge SUV with almost double the legal BAC limit, plowed down a person and kept driving. Authorities found the accused woman in a parking lot, sitting in a driver’s seat with the engine still running, with extensive front end damage and a blown front driver’s side tire. Lake Worth deputies later connected Dodge SUV to a pedestrian hit and run crash with serious injuries.  When questioned, Jennifer Sorgie reported the amount of alcohol she drank and said that she remembers hitting a vehicle but not a person. She was not able to explain why she left the… […]

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