Orlando DUI Team

Florida is home to many popular tourist attractions, among them are 11 National Parks or Preserves administered by the National Parks Service. These parks include the Everglades, Dry Tortuga, and Biscayne to name a few. Sometimes visitors to these areas consume alcohol and then get behind the wheel of a car. A DUI on Federal land administered by the National Parks Service is not governed by local laws and penalties. DUI is a class B Federal Misdemeanor and as such is exempt from federal sentencing guidelines. You can face up to six months in a federal prison as well as up to $5,000 in fines. A Judge can also order probation for up to 5 years.
There are also implied consent laws that apply on Federal Land administered by the National Park Services. Refusal to take a breath, blood or urine test may be admissible in judicial proceedings and is a violation of Federal Law, which can be prosecuted separately as a second charge with punishment ranging up to six months in prison.

It is important to know that not every local attorney may be able to help you. You will need to find an attorney who is admitted to practice in Federal Court.

Other important differences:
1. In state court you are entitled to a jury trial. In Federal Court a DUI is handled by a Judge without a jury.
2. A conviction will be documented on your federal criminal record.
3. The only way you can expunge a Federal DUI from your record is if you receive a pardon from the President.

If you receive a DUI on Federal Land, call our Federally admitted DUI attorneys for help. We will be happy to assist you. .

A new DUI awareness campaign has begun in Florida. "Be Ready For The Road Ahead" is sponsored by the Florida Association of DUI Programs. The focus of the program will be to encourage children to develop safe driving habits according to WJHG channel 7. Channel 7's online story can be found at: http://www.wjhg.com/home/headlines/DUI-Awareness-Campaign-Starts-in-Florida-181253111.html.
This campaign is not only an effort to teach kids not to drink and drive, but also about the dangers of texting an driving, which has been shown to be a rising cause of automobile related accidents and deaths.
In addition to discouraging people from drinking and driving, the program will primarily use billboard advertising to remind people to use responsible driving habits and to pull-over before you text.
The Orlando DUI Team also wants to remind all drivers to drive safely and responsibly. Floridians should know that in general during awareness campaigns enforcement efforts are also increased and the risk of being arrested for DUI increases.
If you are arrested for DUI, even if no one is injured, the financial and social consequences can be devastating. The increased awareness and enforcement of DUI laws can also lead to the arrest of those who are not impaired, but for instance, those who had only a glass of wine with dinner. Often, especially during awareness and enforcement campaigns, the odor of alcohol on your breath is enough to get you arrested.
If you are arrested for DUI during this awareness campaign, or at any time, give us a call. We can help you through this ordeal.

Arrested for DUI in Florida? Did you have a valid driver's license at the time of arrest? If so, you may be eligible to continue to drive. When I speak with someone who has just been released from jail for a DUI arrest, they often believe that because the officer took their driver's license when they were arrested, that they cannot drive. This is simply untrue. In most cases, the citation that you receive for DUI when arrested becomes your driver's license for the first ten days after arrest. Using it, you can drive for any reason at all. To ensure you are eligible to drive using your ticket, give us a call or contact the DMV.

During the first ten days after arrest, you must request a Formal Review Hearing. When you make that request, the Department of Motor Vehicles, Bureau of Administrative Reviews will issue you a Temporary Driver's Permit. It is very important to know that this is a restricted license. You can use it only for four purposes: 1) Driving yourself to work; 2) Driving yourself to school; 3) Driving yourself to necessary medical appointments; 4) Driving yourself to religious services.

Many times I meet with people who have been to see other attorneys before coming to see me. They often tell me that another attorney told them they could use their permit to buy groceries. This is unfortunately bad information that could lead to the driver's arrest.

The problem is that the statute specifically lists the four uses above and nothing else. There is no list giving detailed guidance on what is allowed and what is not allowed, therefore, the safest alternative is to stick to the driving specifically listed in the statute.

If you drive for any reason other then the four reasons listed above using a Temporary Driving Permit, you risk arrest.

Should you choose to drive using your permit for the reasons above, you should do everything in your power to help the officer believe that you are driving for a permitted purpose. For example, carry a copy of your work schedule, and have a supervisor's phone number that the officer can call to verify that you are in fact on your way to or from work. If you are a student, carry a copy of your school schedule. The easier you make it for the officer to believe you, the less likely you are to be wrongfully arrested.

Everyday I sit down in my conference room with someone who has been arrested for DUI and hear virtually the same thing. The individual tells me that they were stopped, and eventually the officer asked them how much they had been drinking. Thinking if they cooperate, the officer will go easy on them, they admit to having consumed some quantity of alcohol. I often hear the phrases, "I wanted to be honest with them," or "I didn't want to lie."

So first, understand that I am not advocating that you lie to the police when you speak with them. But you must understand that the officer standing by your window on the side of the road in the middle of the night is not stopping you to make a new friend. They are investigating a crime and attempting to gather evidence. You are not required to answer their questions beyond your name and address. If asked, you must provide your driver's license, registration and insurance. That is it. Nothing else is required.

I am also not suggesting that you be rude to the officer. Simply state that you decline to answer any questions you are not legally required to answer and do not wish to speak with the officer. Tell them you will only speak with them with your lawyer present and do not say anything else. Sure the officer may arrest you, but at least you have not helped them convict you of a crime.

DUI is a serious offense. Alcohol is known to loosen lips. People often say things that will hurt their case later on. Do not help the police convict you. You have the right to remain silent. Use it.

The Orlando DUI Team has learned that a Florida Highway Patrol trooper has been jailed for five days after failing to appear in court last month for a DUI trial.

Trooper John Costa was sent to the county jail Friday for contempt of court by Judge Belle Schumann. In addition, Judge Schumann fined Trooper Costa $500.

Costa's absence during an October 30th DUI Trial forced Judge Schumann to enter a judgment of acquittal on all charges for a motorist with an alleged history of drunk driving. This means that the driver will carry no punishment on her record for this charge.

Before dismissing the case, court workers apparently repeatedly tried to locate the Trooper, who did not answer telephone calls or knocks on the door of his home.

Reports show that Trooper Costa may be the first member of the Florida Highway Patrol jailed for contempt of court. Certainly, the Orlando DUI Team has not seen this type of action by the Court for a failure to appear by an officer.

It is not clear whether Trooper Costa was allowed to explain the reason why he failed to appear and the Orlando DUI Team will not speculate as to the potential ramifications on Trooper Costa's career, however, it is apparent that both the Court and the Florida Highway Patrol are fully invested in the failure to appear at this particular DUI Trial.

The reaction may be increased by the nature of the DUI case, which allegedly involved a woman who was stopped for driving erratically at 92 miles per hour and who had taken a breath test which showed she had a blood alcohol level of 0.192.

The state definition of intoxication for a driver is 0.08 and higher.

The Orlando DUI Team has learned that the driver was convicted of DUI in 2009. Because DUI offenses allegedly committed within a certain period of time together increase penalties, the dismissal of this charge is likely more alarming to the Court

According to Florida DUI laws, the driver would have faced up to a year in jail if convicted of a second DUI with a blood alcohol level higher than 0.15. And she would have lost her driver's license for five years for a second conviction within five years of her first.

If you or a loved one is facing a criminal charge, whether it be DUI or any other criminal offense, please feel free to contact the Orlando DUI Team..

Florida decided to use the Intoxilyzer 8000 as the only acceptable breath test machine in 2002 after conducting an approval study as required by Florida Administrative Code. However, the same code required a new approval be done if the manufacturer made changes to the machine after approval.

During subsequent testing, the Intoxilyzer 8000 was producing results under what was expected. An engineer from CMI indicated that he knew what the problem was and the solution. The solution - drill a small hole in the check valve that releases gas from the sample chamber. This change immediately increased the results to the expect level, an increase of about .02 on each test.

Problem fixed, right? WRONG!!! First, Florida can only use a breath test machine which appears on the US Department of Transportation's Conforming Products List (DOT CPL). To appear on this list, a machine must be tested. Subsequent to testing if the manufacture makes changes, these changes are required to be submitted in writing to the USDOT. CMI, the manufacture of the Intoxilyzer 8000 did not notify the USDOT of this change. Further, although some members of the Florida Department of Law Enforcement knew of this change, a new approval study was not conducted on the modified machine.

Based on these two failures to follow the administrative code regulating breath testing, an experienced and knowledgeable DUI Defense practitioner may be able to keep the results of the client's breath test from being admissible against them. It is important to discuss your case with an attorney who focuses on DUI Defense.

Florida used to have eight Department Inspectors traveling throughout their assigned part of the state to inspect Intoxilyzer 8000 breath testing machines. Each machine is required to be inspected at least once during a calendar year. The machines are also required to be tested if they are sent off to a repair facility, upon return, prior to being placed back into service.

Due to budget cuts, the State of Florida now employs only two Department Inspectors, both of whom are based in Tallahassee. These two Department Inspectors no longer travel throughout the state performing the required Department Inspections. Instead, the local agencies are packaging the Intoxilyzer 8000 up and shipping them to Tallahassee where the annual Department Inspection is being completed. The unit is then shipped back to the local agency and put back into service.

Unfortunately for the Florida Department of Law Enforcement (FDLE), this is a violation of the Florida Administrative code section regulating breath testing. Florida Administrative Code section 11D-8 requires a Department Inspection to be performed on the Intoxilyzer 8000 upon return from an authorized repair facility prior to it being placed back into service. FDLE is an authorized repair facility. Under the current system, the Intoxilyzer is being inspected before, not after return from the testing facility, making the inspection invalid and importantly, making the breath tests given on that instrument invalid.

An experienced and knowledgeable DUI Defense attorney can use this failure to follow the required rules for breath testing to keep the breath test results from being admitted into evidence against their clients.

As a DUI practitioner, the most frequent question I am asked is, "should I take the breath test?" The answer is not a simple "yes" or "no." First, it is important to know that under the ethics rules of the Florida Bar, an attorney cannot give advice to someone to break the law. By law, you are required to take the breath test if you have been lawfully arrested for DUI. Therefore, my answer is required to be, "yes, you should take the test." However, even without the requirement that I answer yes, this would likely be my answer anyway.

If you refuse to take the breath test, the prosecutor will argue that the reason you did not take it is because you knew you were guilty and you did not want a jury to know "that number." This is called consciousness of guilt. It is a strong argument for the prosecution. Of course, if you do not take the breath test, a skilled DUI Defense Attorney can counter that argument, but it is a persuasive argument for the other side.

If you do take the breath test, a skilled DUI Defense Attorney should be able to make numerous challenges to the admissibility of the test. In Florida currently, we are challenging the admissibility of the breath test based on machine errors, human errors, source code issues and non-compliance with the administrative rules that govern the procedures for breath testing.

In Orange, Osceola, Seminole, and Lake Counties, we have successfully been able to keep breath test results out of our cases for many years. The battle over admissibility of results is still being fought in other counties throughout the state. The two most recent challenges are based on the Florida Department of Law Enforcement's failure to follow the administrative rule. These will be discussed in the next two blogs.

If you are ever faced with the decision to take the test or refuse, remember that in Florida a first refusal is not a crime, however, your refusal to take the test can and will likely be used against you in court. If you refuse to take the test and you have previously refused to take it, you are committing a separate crime which is punishable by up to 1 year in jail, even if you beat the DUI charge.

Blow or refuse, the choice is yours, however, with the right lawyer fighting for you, you may be better off taking the test. The results can only hurt you if a jury hears about them.