Sunday, February 28, 2010

Florida DUI License Suspension Laws

Quick Summary of Florida DUI Suspension Laws

Refusal to submit to a breath, urine, or blood test is admissible as evidence in Florida DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.

Suspension for First Refusal, suspended for 1 year. Second Refusal suspended for 18 months.

Commercial Driver License Suspension Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.

Blood Tests: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.

Portable Alcohol Breath Testing: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S."

A complete summary of Florida DUI Suspensions can be found here - Florida Driver License Information:

DUI Questions in Florida? Tell Me Your Story Toll Free 1-877-793-9290.

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# posted by W.F. "Casey" Ebsary, Jr. : 7:33 PM

Wednesday, December 31, 2008

Florida DUI Prior Convictions Enhance Felony DUI

Florida DUI Prior Convictions Enhance Felony DUIFlorida Supreme Court in a rare DUI ruling held that Article I, section 16 of Florida Constitution, prevents state from using uncounseled misdemeanor convictions to enhance defendant's later misdemeanor to a felony, unless defendant validly waived right to counsel. To prevent use of priors must assert under oath, through a properly executed affidavit that:

(1) The offense involved was punishable by imprisonment;

(2) The defendant was indigent and, thus entitled to court-appointed counsel;

(3) Counsel was not appointed;

(4) The right to counsel was not waived.

Source: 34 Fla. L. Weekly S15a

Florida DUI Prior Convictions Enhance Felony DUI

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# posted by W.F. "Casey" Ebsary, Jr. : 9:56 AM

Thursday, April 10, 2008

Florida DUI 100 Arrest Contest Winners

The following officers won the DUI arresting championship for 2007 . The losers were the poor citizens who made up the pawns in this cruel game. MADD, a Political Action Committee who lobbies for ever more draconian criminal laws, gave free trips to the award ceremonies to Florida Highway Patrol Trooper Terry Goswick, assigned to Troop C in the Tampa area, the arresting machine won the department's 2007 Hurd-Smith Award for arresting the most DUI offenders last year -- 190. No statistics on how many were actually convicted.

13 other troopers were among the 175 Florida law enforcement officers honored by Mothers Against Drunk Driving (MADD) for their efforts in DUI enforcement by making at least 100 arrests.

Other Tampa Bay Players were:

Adam M. Morris (Tampa)
Ben F. Miller (Tampa)
David L. Frye (Tampa)
Ronald J. Evans (Tampa)
Terry E. Goswick, Jr. (Tampa)

Tampa Florida DUI Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 9:36 PM

Wednesday, April 02, 2008

DUI Florida - New Trial Required Manslaughter

Florida DUI Attorney reports the Court ruled that a DUI Jury Instruction was inaccurate and misleading. The jury was instructed that the state was required to prove that defendant, while driving or while in actual physical control of vehicle, had blood alcohol level of .08 or higher ''and/or a controlled substance to-wit: cocaine.'' The Appeals court reversed the manslaughter conviction and ruled that simply having cocaine in the system is not legally sufficient to convict because state must prove beyond a reasonable doubt that the defendant was ''under the influence'' of cocaine. Source 33 Fla. L. Weekly D921a

DUI Florida Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 6:04 PM

Friday, February 29, 2008

DUI Florida Probable Cause - Stopping for Too Long?

A DUI Officer observed a defendant remain at a flashing red light for 41 seconds and then drove through intersection in a safe manner. The Court found that created only a mere suspicion , not a well-founded reasonable suspicion of criminal activity to justify the stop. The Court ruled that the DUI Officer had no justification to conduct safety stop. The court also ruled that the defendant was not exhibiting behavior that was dangerous to another person or vehicle and that the officer's safety suspicions that the DUI defendant was injured or his vehicle was malfunctioning should have been alleviated by defendant's normal driving technique and vehicle's obvious operation in driving through intersection. Motion to Suppress the stop and the subsequent suppression of all evidence collected thereafter should have resulted.

DUI Tampa Florida Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 1:10 PM

Sunday, February 17, 2008

DUI - St Petersburg Attorney Arrest Statistics

DUI arrest statistics by St. Petersburg Police Department:

2005: 558 arrests

2006: 584 arrests

2007: 468 arrests

DUI St Petersburg Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 8:13 AM

Monday, January 21, 2008

Pinellas DUI Attorney - Court Costs and Fines

Pinellas DUI Attorney - Pinellas DUI Pinellas DUI Attorney Casey Ebsary reports that Judge William H Overton has announced the new minimum fines and Court Costs for Pinellas DUI cases. They are:

$745.50 for a first offense,
$1,008 for a second offense (or 1st offense enhanced), and
$1,537 for a third offense (or 2nd offense enhanced).

This does not include costs for Florida DUI Traffic Education / Florida DUI School.

Pinellas DUI Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 11:03 AM

Thursday, December 06, 2007

Florida DUI Statute of Limitations

DUI FloridaThe Florida DUI Statute of Limitations depends on the charge. In Florida, a second degree misdemeanor must commence within one year of the alleged incident. a first degree misdemeanor has two years to commence prosecution. First Degree felonies are 4 years and all other felonies are 3 years.

Take a look at Florida Statute 775.15.

For more information visit www.DUIFla.com .

DUI Tampa Florida Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 12:07 PM

Friday, September 28, 2007

DUI Checkpoint Tampa after the USF game

The Hillsborough County Sheriff's Office will have a DUI Checkpoint set up at the Southwest corner of Dale Mabry & Waters at the Albertson's parking lot. The Checkpoint will run from 10 pm to 5 am on Friday, September 28th, 2007. Saturation patrols will also be used.

Deputies from District III, West Hillsborough County will be manning the BAT Unit and remote booking facility. Transport will be provided to the Hillsborough County Jail at Orient Road.

There are numerous legal requirements and procedures that must be followed. A Tampa Hillsborough DUI Lawyer or Attorney can evaluate the validity of DUI arrests made during these sweeps. The Florida Highway Patrol Manual states:

POLICY 17.08 - 3

The operational plan will be completed and submitted to the troop commander no less than 10 days prior to the start of the DUI Checkpoint. The operational plan will contain at a minimum the following:

a. Purpose.
b. Objectives.
c. Operational Time-Line.
d. Specific Job Assignments.
e. Job Descriptions.
f. Equipment List.
g. Manpower Allocation.
h. Contingency Plan.
i. Alternate Scheduling Date.
j. Provisions for an After Action Report/Critique.
k. Approval/Disapproval Section with a space for the troop commander’s signature.

Each operational plan for a DUI Checkpoint will specify the techniques to be used (i.e., driver license inspection, registration inspection, vehicle equipment inspection, sobriety inspection, motorist insurance inspection or a combination thereof.) The purpose and procedures of the safety check will be uniformly applied during the operation.

Assigned members do not have the authority to change the operational plan. Member discretion will not be used in adjusting the plan with the exception of the safety check supervisor who will document the reason(s) for any adjustments.

DUI Tampa Hillsborough Attorney Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 9:43 AM

Thursday, August 23, 2007

DUI Lakeland Attorney Florida Checkpoint

Lakeland Police are conducting DUI Checkpoints, including saturation patrols and checkpoints in Lakeland Thursday and Friday evenings. Florida Avenue, Brunnell Parkway, and Lake Miriam are targets. Over the Limit - Under Arrest is the code name for this operation.

DUI Attorney Lawyer Lakeland Polk County

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# posted by W.F. "Casey" Ebsary, Jr. : 3:38 PM

DUI - Tampa Florida Attorney - Over Limit Under Arrest

The Florida Department of Transportation and law enforcement agencies statewide are joining to implement an aggressive crackdown on drunken drivers. Operation "Drunk Driving. Over the Limit. Under Arrest" was officially kicked off last week and will run through Labor Day. According to the St. Pete Times, "Our law enforcement partners will be out in force conducting sobriety checkpoints, saturation patrols, and using undercover officers to get more impaired drivers off the road," said Department of Transportation Assistant Secretary, Kevin Thibault. Close scrutiny of every vehicle on the road in the next two weeks, including motorcycles, RVs and campers will be in effect.

DUI - Tampa Florida Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 1:49 PM

Friday, June 29, 2007

A New DUI Blood Alcohol Record

A woman apparently tied a world record when toxicology lab measured a blood-alcohol content of 0.50 two hours after she was arrested for investigation of drunken driving - more than six times the legal limit of 0.08.

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# posted by W.F. "Casey" Ebsary, Jr. : 11:58 PM

Wednesday, May 23, 2007

Florida DUI Blood Test Back Log


There is huge Florida DUI Blood Test Back Log. The Florida Highway Patrol usually seeks blood testing in cases involving death or great injury if investigators believe alcohol was involved, agency spokesman Lt. Bill Leeper said to the Florida Times Union. The wait is nerve wracking for drivers with DUI attorneys and lawyers in Florida and the Tampa Bay area.


The six labs operated by the Florida Department of Law Enforcement with 394 employees to examine blood samples had a $28 million dollar annual budget. The labs had an average backlog of 36 days in 2006, up from 32 days in 2005 and 26 days just a year earlier. The labs attempt to analyze whether drivers in serious crashes had been drinking. In 2002, FDLE received 75,034 requests for tests and completed 73,539. In 2006, the backlog had increased to 93,138 requests with 80,457 completed.


"The Tampa facility [Hillsborough County] is busting at the seams," Barry Funck, director of forensic science for FDLE said.

DUI Tampa Florida Attorney / Lawyer

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# posted by W.F. "Casey" Ebsary, Jr. : 3:15 AM

Wednesday, November 01, 2006

DUI Tampa - Florida Hardship License Prohibited

Hardship License Prohibited:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.

2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

Florida DUI Hardship License

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# posted by W.F. "Casey" Ebsary, Jr. : 10:08 PM

Sunday, October 29, 2006

Wolfpack takes bite out of drunk drivers

Pinellas County deputies are cracking down on drunk drivers this weekend.

The sheriff's office released the results from operation DUI Wolfpack. Checkpoints were conducted Friday and Saturday mornings throughout the county.

Deputies arrested seven people for suspicion of DUI and issued seven DUI citations. Deputies also booked other traffic violations involving speeding, aggressive driving, seat belt, driver's license, registration and insurance violations.

In all, deputies issued 57 citations and made 11 arrests.

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# posted by W.F. "Casey" Ebsary, Jr. : 6:18 PM

Sunday, July 09, 2006

77 Arrested in Osceola County

More than 70 people were arrested in a special Buena Ventura Lakes operation over three days in an effort to reduce criminal activity. The Osceola County Sheriff's Office led the charge with other local agencies that took guns, drugs and wanted suspects off BVL streets between June 29 and July 1. Authorities involved in operation Zero Tolerance made 77 arrests and issued 44 citations.

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# posted by W.F. "Casey" Ebsary, Jr. : 12:38 AM

Friday, June 30, 2006

DUI Tampa - DUI breath tests ruled back in play

Seminole judges wrong to reject evidence, appeals court decides

Rene Stutzman Sentinel Staff Writer Posted June 29, 2006

SANFORD -- An appeals court on Wednesday handed accused drunk drivers a huge defeat. It ruled that judges who have thrown out virtually every breath-alcohol test in Seminole County in the past 18 months were wrong.The ruling affects more than 100 pending DUI cases currently on appeal in Seminole, said Assistant State Attorney Gino Feliciani, and restores one of the state's most powerful pieces of evidence. It's a piece that Seminole judges stripped from about 1,500 DUI cases. Four of Seminole's five county judges who hear those cases tossed every breath test that came before them when defense attorneys asked for the computer source code at the heart of the state's breath-alcohol test unit.

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# posted by W.F. "Casey" Ebsary, Jr. : 8:31 AM

Tuesday, June 27, 2006

How much does Ignition interlock cost?

$70 for installation, $67.50 for monthly monitoring and calibration and a $100 refundable deposit or $5 monthly insurance charge. Source: Interlock Systems of Florida; Interlock Group of Florida; State of Florida Department of Highway Safety and Motor Vehicles.

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# posted by W.F. "Casey" Ebsary, Jr. : 12:23 AM

Sunday, January 29, 2006

DUI Tampa - DUI Means Expulsion from U of Florida

Got DUI - Get Expelled: "UF looks beyond campus for DUI cases - They may try to hide it from Mom and Dad, but University of Florida students caught driving drunk in Alachua County won't be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won't just face criminal courts, they'll go before UF's Office of Student Judicial Affairs, where they could face suspension or expulsion.

Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF's dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said."

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# posted by W.F. "Casey" Ebsary, Jr. : 9:17 AM

Monday, December 19, 2005

DUI Confession on Blog

"A Lake County teenager, who admitted in his [blog] online journal that he caused an accident which killed his best friend, pleaded guilty this morning to DUI-manslaughter."

DUI Attorney Florida

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# posted by W.F. "Casey" Ebsary, Jr. : 10:57 PM

Saturday, December 17, 2005

DUI Tampa Attorney - Driver in fatal DUI case shares story

"Every morning, Jessica L. thinks about the man she killed. She spends the rest of the day trying to forgive herself. It's been eight months since she left prison, but for the rest of her life she'll be branded: Felon. Youthful offender. Danger to society. Killer. For the rest of her life, she'll be haunted by the sight of that arm around the left front tire of her Toyota Celica. Four years ago, Leslie was celebrating her plans to join the U.S. Air Force.

Now she stands in front of 250 strangers the first Monday of the month and explains how she went from being vice president of Students Against Drunk Driving in high school to pleading guilty to DUI manslaughter. Sitting in the living room of her Delray Beach apartment, Leslie, 24, unflinchingly talks about the night she ended Patrick McDonough's life. "I had two beers and two shots," she said."

DUI Tampa Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 10:52 PM

Monday, December 12, 2005

Tampa DUI Take a Cab or a Tow Truck

"In 2004, the Florida Highway Patrol reported that 33.5 percent of all fatalities caused by car crashes were alcohol related. So far this year, one in four car crashes resulting in death in Leon County were alcohol related, according to the Tallahassee Police Department.

Two programs designed to prevent folks who've had a little too much holiday cheer from getting behind the wheel are helping the statistics drop. The American Automobile Association and Budweiser's Tow to Go dispatches tow trucks to take tipsy car owners and their vehicles home, free of charge. Safe Ride, a service of Yellow Cab and Tri-Eagle Sales, allows bar and restaurant managers to use cabbies as designated drivers from 8 p.m. to 3 a.m.

In the past three years, both programs combined have kept more than 2,500 drunken drivers off the road.The Florida Highway Patrol Preliminary Fatality Report revealed that there were 37 deaths in some 29 crashes over the Thanksgiving weekend, three of which were alcohol related.

"Along with the combination of enforcement and education, the programs certainly do have an impact," said Lt. David Folsom, who supervises TPD's traffic unit. Both initiatives run through New Year's Day."

DUI Tampa Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 2:31 PM

Sunday, December 11, 2005

DUI Tampa Prevention Tips

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# posted by W.F. "Casey" Ebsary, Jr. : 9:40 PM

Saturday, December 10, 2005

DUI Felons to Regain Civil Rights

Jeb Bush on DUI Rights: The "Executive Clemency Board has streamlined the clemency process to ensure that those individuals who have served their time and become contributing members of society have their civil rights restored in a fair and timely manner. The board has instituted many rule changes, eliminating certain crimes from the list disqualifying an applicant from applying for restoration of civil rights. For example, it allows restoration of rights without a hearing for offenses such as racketeering and felony DUI convictions that had required a hearing. "

Posted by Jeb Bush

DUI Tampa Attorney

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# posted by W.F. "Casey" Ebsary, Jr. : 4:00 PM

Tuesday, November 01, 2005

DUI Tampa Florida Business or Employment Reinstatement

Business or Employment Reinstatement:

1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

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# posted by W.F. "Casey" Ebsary, Jr. : 10:06 PM

DUI Tampa Attorney Florida Administrative Disqualification Law

Administrative Disqualification Law

First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1-year disqualification.

First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.

Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.

The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

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# posted by W.F. "Casey" Ebsary, Jr. : 10:02 PM

Sunday, October 09, 2005

DUI Tampa Attorney FAQ

"What is the Legal Limit?

In reality, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol.

So what does a Blood-Alcohol Level of .08 mean?

The term '.08 BAC' is commonly referred to as the legal limit, but this is not accurate. According to Florida Law, .08 BAC is the presumptive level of impairment. In other words, if you have consumed enough alcohol to reach a .08 BAC, you are automatically considered impaired.

What if I'm below .08 BAC?

You can still be convicted of DUI even if you are under .08 BAC. If your driving ability is proven to be impaired you will likely be convicted of DUI."

For More Information See DUITampaBay.com

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# posted by W.F. "Casey" Ebsary, Jr. : 3:47 PM

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