Back in October of 2009, our office reported that Florida law enforcement had begun a practice of using a search warrants to secure blood evidence of drivers arrested for DUI, but who had refused to submit to Intoxilyzer testing. See: New Police Methods Being Employed to Reduce Number of Intoxilyzer Refusals.
Here is how the police practice worked
If a motorist refused to submit to Intoxilyzer testing at a DUI roadblock, the arresting officer would summarily crank out an affidavit requesting the issuance of a search warrant to extract a sample of the driver's blood for laboratory blood alcohol analysis. The mobile breath testing vans were equipped with laptop computers, pre-loaded with search warrant affidavit "templates."
- The arresting police officer would then sign the affidavit attesting to the officer's observations of impairment to establish probable cause;
- The document would be faxed to a local judge. In some cases, a judge would conveniently be onsite of the coordinated DUI checkpoint operation;
- After the judge signed the warrant, law enforcement would transport the motorist to a local hospital where a licensed phlebotomist would extract a blood sample.
Getting breath or blood bolsters DUI conviction rate
The Pinellas County State Attorney's Office is well aware that securing a conviction for a DUI is much easier when their prosecutors are armed with breath or blood alcohol evidence. Florida law presumes that a motorist is impaired if his blood or breath alcohol level is a .08 or above at the time he is operating or in actual physical control of the vehicle. For this reason, criminal defense lawyers are often on the look out for methods to keep the breath test evidence out of court.
The penalties for a DUI conviction in Florida and the automobile insurance ramifications that often follow a conviction are tough. Although refusing a breath test could subject a driver to an administrative suspension of his privilege to drive, criminal defense attorneys often find such cases to be better candidates for a reduction down to the lesser offense of reckless driving. The use of search warrants in "refusal" cases represented a bold move to address the number of motorists who were choosing to refuse the breath test and to bolster the conviction rate for arrests.
Court tells law enforcement search warrants won't work
Thanks to a recent court decision, the practice of using a search warrant to secure blood alcohol evidence after a routine misdemeanor DUI arrest, may be a thing of the past. On may 27, 2011 the Fifth District Court of Appeal in State v. Gregory Geiss (Case Number 5D10-3292) announced a prohibition on the practice of using search warrants saying "...blood cannot be drawn based upon probable cause that a suspect has committed misdemeanor DUI in light of the plain language of section 933.02, Florida Statutes."
Not every defense lawyer can draw on the same level of background & experience when defending a DUI charge
A lawyer lacking proper training and experience will be challenged in his efforts to represent a client charged with a DUI. These cases typically involve multiple forums, diverse areas of the law and even the need for a scientific background.
DHSMV civil administrative hearings, are utilized in an effort to fully restore driving privileges and to secure hardship drivers licenses. Likewise, a proper evaluation of any Pinellas county DUI case entails much more than just a close review of the field sobriety tests and the police report.
Breath test evidence should never be summarily considered to have been lawfully obtained or even reliable. A proper inquiry needs to be made into the licensing of both the police officer who administered the breath test and the agency inspector responsible for verifying the calibration of the intoxilyzer.
Some DUI cases may involve impairment alleged to be attributed to drugs or medication. In those cases, Florida's "Implied Consent" law permits law enforcement to request a urine sample from the arrested motorist. A DUI defense attorney's preparation would therefore also entail the review of pharmacology reports generated by the Pinellas County Medical Examiner's Office. See: "Urine testing...is it reliable evidence in a DUI case?" In other cases, a client's prior DUI convictions could serve to subject a motorist to enhance penalties and even mandatory incarceration.
The bottom line....if you are arrested for DUI, you should carefully review the qualifications of the lawyer you are considering to represent you. You only have one opportunity to defend the charge and a lifetime to live with the results.
Consider the qualifications of the lawyers in our office
- Former State Prosecutors
- Certified Breath Test Operators
- Certified Intoxilyzer Inspector
- Certified in the proper administration of Field Sobriety Tests
- Served as Adjunct Professor - DUI Program
- Completed DUI Drug Recognition Expert Course
- NHTS DUI Gold Standards Committee Member
- Completed Masters of DUI Program
- President of Meta Progress, Inc. Makers ofDUI Pro Software
- Graduates National College of DUI Defense at Harvard Law School
Watch our Video on our DUI Defense Qualifications
Arrested for DUI in St. Petersburg / Clearwater / Pinellas County Area?
We can help!
Free consultation: (727) 578-0303
Visit our DUI site at: www.duistpetersburglawyer.com
Visit our Criminal Defense site at: www.defensehelp.com
Related Links:
NHTSA Study on Use of Warrants for Breath Test Refusals
Our DUI Breath Test Museum
Why Choose Us to Help With Your DUI?
For DUI Defense Attorneys Only
DUI Frequently Asked Questions
Florida Ignition Interlocks
New Strategy Being Used in Florida for DUI Evidence
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