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Tag Archives: Field Sobriety Tests

Miranda Warnings and DUI Arrests

The routine DUI stop in Palm Beach County, Florida results in the suspected driver being asked many questions. The driver may not have had the privilege of Miranda, the driver’s right to a lawyer before answering any of the police officer’s questions. Is this okay? Is this legal? What other obstacles am I facing as a suspected DUI driver in Palm Beach County, Florida? As the suspected DUI driver, can I get information and the field sobriety tests that I provided to law enforcement suppressed or thrown out? How does this work? The leading case on the issue of suppressing what a driver tells a investigating police officer, who elicits information from the suspected dui driver without the protection of one’s Miranda warnings, comes from the U.S. Supreme court decision… […]

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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 Anatomy of a DUI and Palm Beach County’s “First Time DUI Offender Program”

The Anatomy of a DUI and Palm Beach County’s “First Time DUI Offender Program”

The Office of the State Attorney in and for Palm Beach County, FL has a first time DUI offender program in place. The first time dui offender program allows those who have not been previously arrested for a DUI, those who have blown below a certain BAC level, were not involved in a DUI related crash and some other criteria, to have their DUI case examined by the prosecutor and their criminal defense attorney to possibly reduce their dui to a reckless driving arrest. The anatomy of a DUI follows. Driving under the influence or “DUI” in Florida can be proven in many different ways, but the following elements of a DUI crime are essential. First, the state must prove that the driver was in actual physical control of the… […]

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