NAPLES DUI LAW – When can you be arrested for DUI in Florida? In order to arrest for DUI in Florida, an officer must have probable cause that a crime was committed. The Florida courts have held that “Probable cause for a DUI arrest must be based upon more than a belief that a driver has consumed alcohol; it must arise from facts and circumstances that show a probability that…
NAPLES DUI LAW- DUI Arrests Resulting From Concerned Drivers Calling 9-1-1 Can an officer pull a vehicle over for DUI based upon a call from another concerned driver? It depends. A law enforcement officer must have a valid reason to pull someone over when investigating a possible DUI (for general information on this topic, please refer to Validity of Traffic Stops). This article deals specifically with DUI arrests that are…
NAPLES DUI LAW- Collier County DUI for Out-of-State Visitors Perhaps due to the seemingly never-ending strips of beaches and countless amusement parks, the State of Florida is one of the leading states when it comes to tourism. It is also a seasonal home for a large number of “snowbirds.” Unfortunately, every year many of these out-of-state visitors are snagged with DUI charges. It is only then, that many find out…
NAPLES DUI LAW – Recent Changes to the DUI Administrative Penalties. Most drivers are surprised to discover that their DUI arrest in Florida actually initiates two separate cases: 1) a criminal case that is prosecuted by the State of Florida; and 2) an administrative case initiated by the Department of Highway Safety and Motor Vehicles (DHSMV). The administrative case is completely independent of the criminal DUI case. Typically, the driver’s…
Naples DUI Law: Admissibility of refusals to perform field sobriety exercises. A common goal of criminal defense attorneys is to prevent the prosecution from admitting incriminating evidence during trial. In DUI cases, this usually involves attempting to suppress evidence obtained in violation of a defendant’s Constitutional Rights against unreasonable searches and seizures. For example, in order for law enforcement to lawfully stop a vehicle in Florida, the officer must have…
Naples DUI Law: What happens if the officer does not have a valid reason to stop my car? If law enforcement stops a vehicle without a lawful reason, a qualified Naples DUI attorney may file what’s known as a “Motion to Suppress.” In order for law enforcement to lawfully stop a vehicle, the officer must have probable cause that a traffic offense was committed or reasonable suspicion that either a…
Naples DUI Law: “But I wasn’t driving . . . I was trying to sober up!” Be careful the next time you have a few drinks and plan to sober up in your car before driving. The common scenario involves a person that realizes they have had one too many and decide to wait in their car while they sober up. Or perhaps the person while driving home realizes they…
Naples DUI Law: To blow or not to blow. . . into an Intoxilyzer breath instrument? That is the question! People often ask me whether they should blow into an Intoxilyzer or refuse in the event they are pulled over for DUI by law enforcement. It is safe to say that most Naples DUI attorneys will advise clients not to voluntarily provide law enforcement with incriminating evidence. Usually, by the…