DUI refusal Archives - Sammis Law Firm

Category: DUI refusal

The DUI Officer Can’t Hold You Down While They Jab a Needle Into Your Arm (at least not without a warrant)

Missouri v. McNeely has been decided. We can all breath a sigh of relief that the United States Supreme Court has affirmed the judgment of the Missouri Supreme Court. The case holds that in a DUI investigation, “the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to […]

Written by Jason Miller on April 17, 2013

Status of Florida’s DUI “No Refusal” Policy at Sobriety Checkpoints / Roadblocks

SB 1790 prohibited any state or local law enforcement agency from conducting a “no refusal” DUI checkpoint where a judge is present on site to issue a warrant for a blood alcohol test without the driver’s consent. On May 7, 2011, the Florida legislatures’ Senate Bill 1790 (SB 1790) died in the judiciary committee. The […]

Written by Jason Miller on December 23, 2011

Flow Sensor Calibrations: Why the Intoxilyzer 8000 Used for Florida DUI Breath Tests is Unreliable

Matthew Malhiot recently published an informative article discussing the Intoxilyzer® 8000: Flow Sensor Problems in Florida. The article describes how Florida never bothered to develop any procedure for testing whether the Intoxilyzer 8000 instruments could accurately measure the amount of air blow into the machine. As a result, the instrument may have produced unreliable breath […]

Written by Jason Miller on October 31, 2011

Florida’s DUI Refusals: FDLE Covers Up Faulty Intoxilyzer 8000 Breathalyzers

[brightcove vid=1211602848001&exp3=35214809001&surl=http://c.brightcove.com/services&pubid=35087134001&pk=AQ~~,AAAACCtbLTE~,Euz3dgEqY7FO41McJges-UDcgJmMTpjJ&lbu=http://www.wtsp.com/video/default.aspx?bctid=1211602848001&w=300&h=225] What happens when you attempt to submit to the DUI breath test in Florida and the breath test operator tells you that you were not breathing hard enough? The arresting officer will count that as a “refusal.” The allegation that you refused to take the breath test carries with it additional penalties including […]

Written by Jason Miller on October 15, 2011

Volume Not Met (VNM) Flag on Florida’s Intoxilyzer 8000

Recently I’ve seen an unusually high number of cases in which someone blows into the Intoxilyzer 8000 after a DUI arrest here in Tampa, Hillsborough County, FL, with a “VNM” flag. In many of these cases, the person arrested for DUI will report that they tried to blow into the machine as hard as they […]

Written by Jason Miller on April 16, 2011

The Problem with “No Refusal” DUI Checkpoints in Tampa, Hillsborough County, FL

The news has been filled with stories recently about the new “No Refusal” DUI Checkpoints coming to Tampa Bay. Other counties in Florida have already experimented with forced blood draws after stopping someone for DUI during a checkpoint or roadblock. Could these types of checkpoints be coming to the Tampa Bay area? Update: Since I […]

Written by Jason Miller on January 3, 2011

No More Video of Breath Testing in Tampa, FL

Tampa DUI Lawyer discusses DUI video tapes and cameras at the central breath testing in the Hillsborough County Sheriff’s Office jail and the jail commander’s new policy of not allowing cameras to be installed in the newly built DUI breath test unit.

Written by Jason Miller on March 2, 2010

Florida Administrative Driver License Suspension After a DUI Arrest

Arrested for DUI in Tampa, Hillsborough County, FL? You only have ten (10) days to request a formal review hearing to contest the administrative suspension of your driver license.

Written by Jason Miller on March 23, 2009

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