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Recent Posts in DUI Category

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Can I get a DUI if I take an Ambien in Florida?

Ambien has become a popular prescription drug to help peolpe with anxiety and sleep. But like any other drug, it can have troubling effects on those who take it. One of the regular questions we get is ...
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What is the 20 minute observation period for a DUI breath test?

A police officer must observe a person for at least 20 minutes prior to administering a DUI breath test in order to ensure that the person has not taken anything by mouth or regurgitated. This is ...
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Can I get my DUI reduced to a Reckless Driving charge?

It is very difficult to tell from the beginning whether a DUI charge can or will be reduced to a criminal reckless driving charge. Generally, if the defense develops a strong enough case, and the ...
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What is a "welfare check" or the "community caretaking doctrine"

A law enforcement officer generally cannot search or seize you without reasonable suspicion or probable cause that a crime has taken place, or is about to take place. What this means is that a cop ...
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Have you been charged with DUI, do you suffer from any medical or mental health conditions?

If you have been charged with DUI, be sure to tell your criminal defense attorney if you currently suffer, or have suffered in the past, from any medical or mental health conditions. Certain ...
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Can I be convicted of DUI simply because I have an illegal drug or a controlled substance in my blood or urine?

In order to convict you of driving under the influence (DUI), the state of Florida must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of alcohol or ...
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What is an inventory search of my car in Florida?

Most people are familiar with your typical search and seizure scenario - a cop comes to someone's door holding a piece of paper indicating a judge has granted them access to the home to search for ...
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I got a DUI, will I need to get an ignition interlock device installed on my car?

An ignition interlock is a device typically installed on the dashboard of a vehicle that requires a person to provide a breath sample by blowing into the device in order to start the vehicle. The ...
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Two or more DUI's? Sarasota DUI Court focuses on getting you help rather than giving you a lot of jail time.

If you have been charged with driving under the influence (DUI) and have a prior DUI conviction, you may qualify for Sarasota County DUI Court. The Sarasota DUI Court Program is an excellent program ...
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Did you get a DUI and get in an accident? The state may not be able to use any statements that you made during the traffic investigation against you!

The accident report privilege prohibits the state from using statements made by persons involved in a crash against them, if the statements were made to law enforcement during the course of an ...
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The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the state (prosecutor) to allow the defendant to enter into a residential rehab program rather than jail. It will usually depend ...
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Cops investigated a crime but haven't made an arrest? What's going on?

As odd as this question may first sound, people often become concerned when there is a delay between investigation and arrest. Many times a detective will talk with an individual, the individual may ...
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I was arrested and charged with DUI but I was not drinking or taking drugs, can I be convicted of DUI?

The state must be able prove that you were under the influence of alcohol and/or a controlled substance in order to successfully convict you for driving under the influence. If the state has no ...
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What is the necessity defense and is it applicable to my DUI case?

If you had no choice but to drive because of some type of emergency where you or another person were faced with bodily injury or death, and you were charged with driving under the influence, then you ...
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What is a wheel witness in Florida?

A "wheel witness" is an essential witness in a case against a person for various criminal driving charges. As part of all driving charges, the prosecutor must prove that the individual ...
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Arrested for DUI? The jail video may save you.

If you are arrested for DUI the arresting officer may, or may not, video record you. (This will usually depend on whether the arresting officer has a vehicle equipped with video recording equipment.) ...
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Should I bond my friend or loved one out of jail before first appearance?

Our law firm sometimes gets calls from people asking if they should bond their friend or loved one out before first appearance. While this is absolutely not meant as advice unique to your legal ...
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Is there a difference between a criminal defense lawyer and a DUI attorney?

Many lawyers, in cities across the U.S. and especially in Sarasota, advertise themselves as "DUI attorneys". This will often lead to confusion from individuals looking for an attorney. Do ...
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If I got a DUI in Sarasota, Do I Need to Pay the Traffic Citations I got too?

If you plan to fight your DUI, you can file a motion to consolidate the traffic citations into the DUI case. If the judge grants the motion, the clerk will add your traffic citations to your criminal ...
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Can I be charged with DUI if I was not actually driving a car??

The short answer is – it depends. While most DUI's occur while an individual is actively driving a car, truck, or van, it is possible to get a DUI while not driving one of these vehicles. ...
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Boating Under the Influence

While most are familiar with driving under the influence charges in Florida, a person can also be charged with "boating under the influence" or BUI. A favorite past time in Florida is going ...
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Getting a Business Purpose Only license after a DUI

One of the most frequently asked questions regarding DUI sanctions is "what happens to my license?" The easy answer is that it gets suspended for a certain period of time. The next question ...
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How to Hire an Attorney-Five Common Tricks Attorneys use to get Your Money Part 6

Trick #5: Lack of Communication The number one complaint about attorneys is that they neglect to communicate with their clients. This should be a major concern when deciding on which attorney to hire. ...
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How to Hire an Attorney-Five Common Tricks Attorneys use to get Your Money Part 5

Trick #4: Direct Soliciting This is a short, straight-forward warning. If an attorney contacts you and you have never worked with that attorney and you have not requested to speak with that attorney, ...
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How to Hire an Attorney-Five Common Tricks Attorneys use to get Your Money Part 4

Trick #3: False Accomplishments This flows from the above warning but warrants its own warning since it is a tactic often employed by attorneys that want to appear more accomplished than they actually ...
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