Posts Tagged ‘1st Time DUI Florida’

Issues with DUI Blood Draw

Tuesday, July 12th, 2011

Under usual circumstances within a DUI arrest, the influence the driver is allegedly either consumed while behind the wheel of a vehicle is alcohol. Driving irrationally or showing little control or care, such as swerving between lanes and medians, or driving at a much lower than any posted area speed would lead officers to respond to the situation by conducting an investigation or the driver and the vehicle. A DUI investigation typically makes the driver submit to a sobriety exercise, which evaluates his balance and response within the performance of the exam. However, sometimes officers tend to over exaggerate or overestimate the level of intoxication the driver actually has during the field sobriety test. Under usual circumstances, a breathalyzer will be administered to the driver to test the actual Blood Alcohol Content (BAC) showing how much alcohol is present in the driver.

Urine or blood samples may also be requested by officers to test the authenticity of the presence of alcohol within the driver. Urine samples are usually the more popularly requested test, which shows all intoxicants, including alcohol. Blood samples usually administered as a test when it comes to tracing alcohol content within the blood. Urine sample requests also help find the use of non-prescribed medical drugs such as pain pills, sleeping aids, or even illegal drugs such as cocaine, or marijuana.

However, in some cases it may be hard and depending upon the suspect, sometimes extremely difficult to obtain a breath sample of the driver, which from there prosecutors or police officers depend on a blood samples results to help draw conclusions on prosecution or not. However, there are a number of procedural guidelines the state must follow in these rare, specific cases. A blood draw is a practical, fast method for asserting whether the driver of a vehicle was intoxicated if they have passed out from an accident and being taken to a hospital via ambulance. Blood draws are not required unless the cooperation of the driver is unattainable and escalates to violence.

A Blood Sample result is considered by many all over to be a more accurate reading of a person’s alcohol intake rather than that of a breathalyzer, which is also more accurate than that of a urinalysis, in that it also detects whether a substance was acting as an intoxicating cause. A urinalysis one reads and displays what is present within a person’s body, however it does not show what is present within the bloodstream.

Call our 24/7 Florida DUI helpline toll free at (800) 687-2252 to speak with a Florida DUI attorneyin your area to discuss the facts of your DUI case and find an office location near you in order to schedule an in office meeting

Holiday Celebration Brings Reminders of DUI Arrests

Monday, July 4th, 2011

Holidays are a time for celebration, fellowship, and much needed family time for many. From grilling out, to visiting family, travel can be expected from all on such holiday weekends. However, DUI arrests should also be kept in mind. Typically during the summer holidays, DUI patrols, roadblocks, and arrests are ramped up to help secure the safety of all motor vehicle drivers and passengers everywhere.

When passing through a sobriety checkpoint, also known as a DUI roadblock, one can be expected to present proof of license, and insurance as well going through the routine question of “Have you consumed any alcohol this evening?” and if your answer is not to the officers satisfaction, prepare to be screen for impairment. Many citations occur from these roadblocks, or checkpoints, usually for driving without insurance, defective vehicle equipment, and expired driver licenses, which usually bring home the money to many law enforcement entities. Recently, a Supreme Court ruling has stated that all police agencies are to run all operations of stopping motorists by strict, professional guidelines. Checkpoint location decisions are usually made by supervisors, which include, but are not limited to, which car to stop, let proceed, and search. However, profiling of a vehicle by officers is strictly prohibited based on the vehicle’s appearance. The sites of roadblocks, or checkpoints, should be strictly selected on two very important variables: one, if the areas has a high, well-known past of DUI history in the area, and particular public policy needs or reasons. Signs and lights should clearly mark the complete area of the checkpoint, or site of investigation, to slow, and alert motorists approaching it. Also, priority must also be known to alert the public of the checkpoint. Usually an alert system is usually set on the internet, played on radios, or can occasionally be announced on television.

Although Independence Day, July the 4th, is soon upon us, other holidays also pose a potential threat to drivers and pedestrians alike. In Florida, a DUI charge was placed upon a man on Father’s Day with the presence of a child in the same car as the intoxicated father, which reports state, had been stopping and swerving randomly on to the shoulder and accompanying lane or the highway. The toddler was said to have no injuries and be completely unharmed during the whole episode. Inevitably, whether it is day or night, weekday or weekend, or holiday or none, drinking and driving will always unfortunately be intertwined. Our state, and neighbors rely on us to make the responsible, mature decision to not let drinking and driving slide by.

Call our 24/7 Florida DUI helpline toll free at (800) 687-2252 to speak with a Florida DUI attorney in your area to discuss the facts of your DUI case and find an office location near you in order to schedule an in office meeting.  It is vital that you fully understand and weigh the legal options available to you in order to protect your legal rights at both your DUI administrative hearing and criminal proceeding.