In Florida 45% of the people arrested for DUI refuse to submit to the intoxilyzer?
Although refusing to submit to the intoxilyzer carries a one year drivers license suspension, it may make your case a suitable candidate for your lawyer to negotiate a reduction to a "reckless driving" charge since it deprives the prosecutor of evidence that you were over the legal limit. (Of course, a person who appears impaired on video performing roadside field sobriety tests, will most likely be found guilty of the offense despite the absence of breath test evidence.) The Florida Legislature is currently discussing whether to attach all DUI penalties to a refusal to submit to the breath test. This is an effort by the Florida Legislature to curb the high refusal rate and to prevent impaired motorists from side stepping DUI sanctions. Click Here to learn more about whether to take roadside field sobriety tests.
Did You Know...
Funding issues have greatly decreased Pinellas County DUI arrests this year?
The disbanding of the Pinellas County Sheriff's Office DUI "Selective Traffic Enforcement Unit" has resulted in 900 fewer arrests so far this year. See our previous blog "Pinellas County DUI arrests slashed by 50%" In addition, there have been layoffs at all local law enforcement agencies resulting in less patrol officers. Fewer arrests have translated into fewer people on probation. As a result, our office has learned that the probation office that supervises offenders has recently closed its offices on Mondays, reduced its staff from 67 to 40 employees and is overseeing a caseload that has dropped from from 4500 to 3300 cases.
Did You Know That New Florida Laws...
1.) Require you to ride your bicycle as close as practical to the right?
2.) Allow you to display your motorcycle tag in a perpendicular fashion?
3.) Allow you to mount your GPS device on your windshield?
4.) Allow Multiple DUI Offenders with a lifetime drivers license suspension to now secure a hardship drivers license when they have an ignition interlock device installed in their motor vehicle and ten years have elapsed since their fourth DUI conviction?
5.) Requires anyone now convicted of a DUI offense to maintain minimum insurance of 100/300 and provide provide proof of same to the Florida Department of Highway Safety & Motor Vehicles, Division of Drivers Licenses or face a drivers license suspension?
Did You Know...
Our local Pinellas County Judges have been ordering persons charged with alcohol related offenses to wear high-tech "SCRAM" alcohol bracelets?
Celebrity Lindsay Lohan wears one, and it's not a fashion statement. The "SCRAM" "Secure Continuance Remote Alcohol Monitoring" ankle bracelet can detect whether an individual has consumed any alcohol by sampling perspiration on the skin. If the bracelet detects that the individual has consumed alcohol, it has a wireless component that promptly alerts a monitoring company who then notifies the court system that the offender has "fallen off the wagon." Recent advances in this technology have allowed this device to not only serve as an alcohol monitor, but also as a tracking device that will insure compliance with house arrest provisions.
Did You Know...
Currently, Florida drivers operating solely under the influence of the sleeping medication "Ambien" can not be prosecuted for DUI?
The news media is filled with wild accounts of strange behavior while people are under the influence of Ambien. Our office has likewise found these incidents to include "sleep driving." But the current status of Florida DUI law requires the prosecutor to prove that the driver was under the influence of either alcohol or a "controlled substance." Remember...DUI is not just an alcohol related offense. As a result, DUI arrests often involve urine testing for controlled substances. Nevertheless, Florida law does not currently classify Ambien as a "controlled substance." As a member of Pinellas County's DUI Gold Standards Committee we learned that the legislature is doing everything possible to quickly close this loophole. Read our article on defending DUI cases involving Ambien. Click here for tips on how to further evaluate the elements of a DUI case.
Additional Links:
Click here to learn how we can safeguard your driving privilege after a DUI arrest.
Click Here to read about how we can help you get your hardship license after a DUI arrest.
Russo & Russo represents clients facing DUI charges out of St. Petersburg, Clearwater, and other areas of Pinellas County. As former state prosecutors and breath test operators, we know how to closely scrutinize all of the evidence in your case.
Free Consultations: (727) 578-0303
Click Here for a Video of our DUI Qualifications
Get Pinellas County DUI Legal Help at: : www.duistpetersburglawyer.com
Possible Criminal Defense Solutions: www.defensehelp.com
Comments