Category: Hillsborough DUI refusal

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

Matthew E. Malhiot, Former FDLE Departmental Inspector, Now Expert Defense Witness on Intoxilyzer 8000

Matthew E. Malhiot formerly worked with the Florida Department of Law Enforcement as a departmental inspector. He has worked with the Intoxilyzer 8000 since its inception in Florida. He was also intimately involved in the development of the Florida software. The software allows for some of the numerical results to be reported, while other numerical […]

Written by on February 10, 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

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 on March 2, 2010

Arrested for DUI in Tampa for Refusing to Submit to a Chemical Test

Arrested for drunk driving or driving under the influence (“DUI”) in Tampa, Hillsborough County, Florida after refusing to take a breath test, urine test or blood test? Contact a DUI attorney that is experienced in taking Florida DUI refusal cases to trial so that you can receive the best result during pre-trial negotiations or at trial. Many of these case are reduced to a less serious offense such as reckless driving which saves the person accused on fines, court costs, driver license suspensions, and increased insurance premiums for years to come.

Written by on December 20, 2008

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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