Category: Florida DUI refusal

Should I take the breath test or refuse?

People sometimes ask: “If I get arrested for DUI, should I take the breath test or refuse?” The answer is: “It depends.” With recent changes in DUI law, a person should keep these things in mind. Florida’s Intoxilyzer 8000 Machines are Really Old Florida’s Intoxilyzer 8000 machines were put into service in 2006. As the […]

Written by on July 1, 2019

Florida DUI Rules for the Administrative Suspension – It’s Complicated…

Sticky

After an arrest in Florida for DUI, the officer might take your driver’s license and issue you an “on the spot” administrative suspension. You only have ten (10) calendar days to protect your driver’s license and ability to drive. Some people might tell you to waive all your rights by going to the DHSMV to […]

Written by on March 20, 2014

It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing

After a DUI arrest in Florida the driver can request a formal or informal review hearing to contest the administrative suspension of the driver’s license. That administrative suspension can range from 6 months to 18 months. The hard suspension (no driving for any reason) that can range from 30 days to 18 months. The administrative […]

Written by on April 7, 2012

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 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 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 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 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 on January 3, 2011

Thin line in Florida DUI Refusal Cases- Improper Comments to the Jury by the Prosecutor

A thin line exists in Florida DUI refusal cases which allows the prosecutor to argue the refusal to submit to a DUI test shows “consciousness of guilt,” but not to argue that an innocent person would volunteer to take the test.

Written by on December 6, 2008

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