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 […]
James G. Wigmore, the author of Wigmore on Alcohol: Courtroom Alcohol Toxicology for the Medicolegal Professional, has an interesting blog with articles on a host of issues related to DUI breath testing. His most recent blog post discusses the relevancy of forced vital capacity on the ability to provide a breath sample. Click here to read […]
December 23, 2011 – 01:25
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 […]
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 […]
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 a one […]
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 […]
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 […]
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.
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.
Tampa DUI Attorney Blog 