Florida DUI Lawyer Blog

Fort Lauderdale DUI attorney William Moore is very knowledgeable about sobriety checkpoints, which are also known as DUI checkpoints. DUI checkpoints are roadblocks that law enforcement officials set up on public roads, usually on weekend nights or on holidays. New Year’s Eve is especially popular, due to the large number of people celebrating the holiday out on the town with plenty of champagne.

DUI roadblocks are not good tools for cracking down on driving under the influence, says Broward DUI lawyer William Moore. The DUI checkpoints nab troublingly few motorists who are actually suspected of driving under the influence, however, which is just one serious problem with their usage. For example, a checkpoint in northern Florida last weekend caught one DUI suspect, yet stopped 700 sober drivers. That particular sobriety roadblock was probably more successful than many for nabbing even a single suspect.

In reality, says Broward County DUI attorney Moore, the best reason for a roadblock is sheer profitability. Police departments can potentially issue hundreds of citations and dole out hefty fines for much more minor offenses: everything from seat belt violations to flawed car registration papers and recently expired drivers licenses. The law enforcement officers conducting the sobriety checkpoints must put into place certain protections for the benefit of the motorists and to prevent profiling. For example, the police force must have a predetermined and unbiased plan for which vehicles to stop, such as every third vehicle, every seventh, or every single one that passes through the roadblock.

Police departments must also advertise the existence of the roadblocks in advance. Frequently, they are publicized in the local newspaper, including the location. The roadblock must provide an alternate route of passage or a place to turn around – no driver is forced to go through the checkpoint, although the flashing lights and general environment can be intimidating, and many motorists may feel as though they would actually be drawing attention to themselves by obviously driving in a different direction.

The law governing DUI checkpoints is complex and each roadblock is required to abide by a number of rules in order for the stop to be constitutional. If you have been arrested for driving under the influence at a DUI roadblock, contact an experienced DUI lawyer immediately.

Continue reading " DUI Checkpoints – How They Work " »

Broward DUI attorney William Moore has been reading up on the nomination of Judge Sonia Sotomayor to the United States Supreme Court by President Obama yesterday. Judge Sotomayor was originally appointed to the federal bench by President Bush in 1992 and elevated to the United States Court of Appeals for the Second Circuit in 1998 by President Clinton. At only 54, she has more years of experience as a federal judge than any of the current Justices possessed at the time of their nominations. Still, Fort Lauderdale DUI lawyer Moore has been looking into her record on criminal cases and especially driving under the influence.

Judge Sotomayor has ruled on just a single case with DUI ramifications. She heard a case dealing with the New York City ordinance that allowed the police department to impound vehicles driven by DUI suspects because they were used during a crime. The owners of the vehicles were not, however, allowed an opportunity to challenge the impounding of their motor vehicles for long periods of time, sometimes as long as one year after the car was taken. This is true even when the driving under the influence charge was dropped entirely or reduced to a lesser charge, such as reckless driving. Broward DUI attorney Moore believes this law created significant problems for defendants and their families. The suspects who challenged the law’s constitutionality all cited the hardships that were a direct result of the long-term impoundment of their vehicles: inability for an elderly couple to get to medical appointments; serious difficulty getting to work or maintaining employment; inability to take a grandchild to and from school; and a suspect’s inability to visit her mentally ill daughter who resided in a neighboring state. Additionally, suspects frequently had to continue meeting their car payment obligations, although they did not have any use of the vehicle for long periods of time.

New York City argued that the procedure was necessary to protect the public safety, a rationale correctly rejected by Judge Sotomayor. The city did not prevent people who had been arrested for driving under the influence from driving vehicles belonging to other people or even other vehicles they already owned – only the ones driven at the time of the arrest. The real issues of the case, however, were seizure of property and due process. As a constitutional matter and in keeping with a long line of Supreme Court decisions, Judge Sotomayor determined that the city must have a reasonably fast opportunity for a judge to review the impoundment.

Continue reading " Broward DUI Lawyer -- The Supreme Court " »

Driving under the influence of alcohol is a relatively new crime that developed with the rise of the automobile, according to Broward DUI lawyer William Moore. There was no common law equivalent offense, like operating a horse-drawn carriage under the influence, so DUI developed as a statutory scheme in the 1900s. Over time, DUI laws have become stricter and stricter. Organizations devoted to anti-drunk driving advocacy and state legislators have never been compelled to loosen restrictions, instead progressively tightening the laws governing DUI throughout the twentieth century. Fort Lauderdale DUI attorney Moore says that this movement has probably had both good and bad consequences: although DUI laws and particularly DUI enforcement can exceed the boundaries of rationality at times, it is generally positive to prevent and deter people from driving while under the influence of alcohol to protect the general safety of the public.

The first law criminalizing DUI dates back to 1910. The New York state legislature passed the law and, in due course, other states began to follow suit. These statutes were the predecessors to the laws that make up part of the DUI legislation used in Florida at the present time. Most people are familiar with the 0.08 percent blood alcohol concentration level at which the law presumes a driver is impaired, but they may not be familiar with the statute that simply makes operating a motor vehicle while impaired – even if the driver’s BAC is well under 0.08 percent – a crime. Like this component of modern Florida law, the early DUI laws did not specify a method of measuring intoxication.

Later, in 1938, the American Medical Association studied alcohol impairment and made recommendations that the states should establish 0.15 percent as the level at which a driver was presumed drunk. For reference, a 180 pound man would probably have to consume between seven and eight beers in only an hour to achieve that level of intoxication – an amount that almost everyone would agree is excessive before getting behind the wheel. Likewise, a female weighing 130 pounds would have to consume five glasses of wine in an hour, or approximately an entire bottle, to be impaired under that standard.

The 1980s saw a tremendous shift in DUI law, says Broward DUI attorney William Moore. In addition to changed standards as to what constitutes impairment, organizations such as Mothers Against Drunk Driving advocated for significantly more law enforcement officials devoted to arresting drunk drivers. The 1990s continued this trend, resulting in harsher sentencing even for first-time offenders. Now, the level at which a driver is presumed to be intoxicated is 0.08 percent BAC in every U.S. state, almost half of what it was several decades ago.

Continue reading " History of Drunk Driving " »

Tolerance for alcohol varies from person to person and is correlated with factors such as sex, weight, experience, and the frequency with which a person consumes alcohol. These factors explain why one person might just feel relaxed after three drinks and another would feel quite impaired. Broward DUI lawyer William Moore finds that clients report feeling widely varied levels of intoxication, from absolutely none to inability to remember the events, at the time of their DUI arrests. Law enforcement officials are trained to identify intoxicated drivers by both their driving and their behavior during a traffic stop, but their evaluations are imperfect. Still, which factors do police officers and sheriff’s deputies use to evaluate a driver’s condition?

Many law enforcement agencies have a specific set of guidelines. The National Highway Traffic Safety Association has published a list of symptoms for law enforcement officers to use when identifying intoxicated drivers. The percentages next to each behavior indicate the statistical likelihood – according to the NHTSA – that the vehicle’s driver is intoxicated. The following table and percentages are from the NHTSA:

Turning with wide radius 65%
Straddling center or lane marker 65%
Appearing to be drunk 60%
Almost striking object or vehicle 60%
Weaving 60%
Driving on other than designated roadway 55%
Swerving 55%
Slow speed (more than 10mph below limit) 50%
Stopping (without cause) in traffic lane 50%
Drifting 50%
Following too closely 45%
Tires on center or land marker 45%
Braking erratically 45%
Driving into opposing or crossing traffic 45%
Signaling inconsistent with driving actions 40%
Stopping inappropriately (other than in lane) 35%
Turning abruptly or illegally 35%
Accelerating or decelerating rapidly 30%
Headlights off 30%

The list gives a good idea of some factors police officers will notice and may attribute to drunkenness. Interestingly, there is only a 60 percent chance that a driver who appears drunk actually is, which is one reason why the testimony of a police officer that a defendant appeared intoxicated is far from conclusive. Making unusually wide turns is actually more likely to be symptomatic of intoxication than appearing to be intoxicated is. A police officer looking to determine if a DUI suspect is intoxicated will look for evidence of intoxication, such as red eyes, a flushed appearance, the smell of alcohol on the suspect, and other factors.

Continue reading " What Tips Off a Police Officer for DUI Arrests? " »

Fort Lauderdale DUI lawyer William Moore represents people accused of criminal traffic offenses, including fleeing and alluding police. Pursuing suspects in car chases is one of the more difficult aspects of law enforcement – and for good reason. While there are entire TV shows and numerous YouTube videos dedicated to exciting car chases, the reality is that they are extremely dangerous ventures. Often, law enforcement officers are forced to abandon the chase early. This is especially true if the suspect has been positively identified, because the police will likely be able to locate the suspect at a later date. They are also less likely to engage in a high speed pursuit if the suspect is not perceived to be exceptionally dangerous – pursuing a suspect who has stolen only a vehicle is much less important than chasing a suspected murderer or someone who has kidnapped a child. The threat to the community is an important consideration, both when evaluating the risk of allowing the suspect to escape and the dangers a high-speed chase poses to other drivers, passengers, and pedestrians on the road. After all, a suspect is likely to flee to a safe location rather than continue driving at very high rates of speed if law enforcement officers are no longer on his tail. Where it appears that the community would be less safe by having a suspect and police vehicles weaving in and out of traffic, and traveling much faster than other vehicles, officers may not pursue the vehicle. Broward DUI lawyer Moore believes police should always exercise their good judgment when evaluating the safety of the community.

In instances where the need to apprehend the suspect is compelling, police will give chase. Police officers are trained to handle these situations in ways that regular drivers or not. For example, law enforcement officers are trained in techniques to wreck their vehicles when necessary or to “butt” the other car with the front end of the police vehicle. Whenever possible, they also lay strips on the road which puncture and deflate a suspect’s tires – thus ending the chase more quickly. Sometimes, fleeing suspects attempt to escape on foot after the vehicle has been disabled, but these attempts are rarely successful.

South Florida police officers pursued a female driver for about 15 minutes on a northbound lane of I-95 this week. Officers have not released details surrounding the reason the chase took place, but the driver was pursued by police in Palm Beach County. Local police attempted to puncture the vehicle’s tires, but the car was eventually involved in a disabling three-vehicle crash. The driver, who is 23, was taken to an area hospital for treatment, while her male passenger, who was 26, was killed in the accident after he was ejected from the vehicle. The driver of an unrelated vehicle who was involved in the accident, as well the police officer whose car was involved, were not seriously injured.

Continue reading " Miami, Fla. – Hot Pursuit on I-95 " »

Many DUI arrests and DUI Manslaughter cases occur in the early morning hours, as people leaving local bars or parties get behind the wheel to head home, says Broward DUI attorney William Moore. In February, two British men were in Fort Lauderdale, visiting the city on business. Kenneth Watkinson, 48, and Craig Elford, 39, were family men who were in town just for a short trip. While they were out late on February 13, walking along state road A1A by the Fort Lauderdale beach, the two men were struck by a Porsche 911 Turbo that jumped onto the sidewalk. Witnesses had previously reported seeing the vehicle engaged in dangerous driving and possibly racing with another vehicle in the area. The Porsche fled the scene in the highly publicized hit-and-run accident.

No charges have been filed at this point and it is not clear if alcohol played a role in the deaths of the two men. The owner of the Porsche claims his friend must have been the driver. Ryan Levin, 34, is the owner. He was arrested in February, shortly after the crash, in Illinois for violating the terms of his probation. Levin was on probation after leading police in Chicago on a high-speed car chase through the city in 2006. Earlier this week, a judge sentenced him to two years in an Illinois state prison for violating probation.

Fort Lauderdale DUI lawyer Moore has learned that the families of Elford and Watkinson, from Great Britain, are suing Levin and his friend, Derek Cook, 37, for the wrongful death of the men due to reckless driving. The civil suit claims that both men were intoxicated and that one of the two were involved in a drag race on the streets of Fort Lauderdale just prior to the accident that killed Elford and Watkinson. Fort Lauderdale police have continued to investigate those two issues and have not yet made a final determination. Law enforcement officials have a search warrant to collect a DNA sample from Cook to compare to the interior of the Porsche 911, as it is still unclear which of the men – if either of them – were actually driving the vehicle at the time of the wreck. Prosecutors need more information about who was actually the driver of the Porsche at the time the accident occurred before any criminal charges, such as reckless driving, DUI, or DUI Manslaughter, can be filed.

Continue reading " Man Tied to Fort Lauderdale Accident Sentenced in Illinois " »

The Florida Legislature has announced its budget plan for the coming fiscal year. Due to declining revenue, the state was forced to make significant budget cuts, including a two percent decrease of the salaries of state employees who make more than $45,000 per year. Still, representatives and state senators said cuts and fee increases were necessary across the board. Some of these fees affect people who have driving-related criminal convictions and especially DUI convictions. Overall, fees in the state will rise significantly, with those affecting drivers expected to total about $800 million. Broward DUI lawyer William Moore knows that many Floridians are concerned with the overall impact of the fees on their pocketbooks and the state’s economy more generally.

The DUI administrative fee will rise by $15 to $130. The Florida Department of Highway Safety and Motor Vehicles will charge a significantly higher fee to reinstate a driver’s license – jumping from $12.50 to $60. A driver’s license might need to be reinstated due to unpaid parking tickets, a breath test refusal, a DUI arrest or conviction, or for other reasons, says Fort Lauderdale DUI lawyer William Moore. A replacement driver’s license jumped markedly in price, from just $10 to $25. For people convicted of DUI or people serving probation with certain conditions, an additional $12 fee will now apply for the installation of ignition interlock devices, which require breath samples with very low or no levels of alcohol to start or continue operating a motor vehicle. Prisoners in Florida currently have a non-emergency health care co-pay of $4; under the new budget, it will rise to $5. Commercial driver’s licenses will increase by $8, costing $75. Some of the largest tax increases affected tobacco. The cigarette sales tax, which was 34 cents per pack, rose by an entire dollar per pack.

Fort Lauderdale DUI defense attorney Moore knows that prisoners and people with criminal convictions, including for driving under the influence of alcohol or drugs, are among the hardest hit during a budget crisis. It is not surprising that ignition interlock device fees, administrative DUI fees, and driver’s license reinstatement costs are all rising. The public thinks that those who are perceived to be wrongdoers should bear the brunt whenever possible – it is the same reason, at least in part, why the tobacco tax is rising. Additionally, the state government believes it has an interest in the prevention of smoking.

Continue reading " Broward DUI Lawyer – State Fee Hike as Legislature Announces Budget " »

Broward DUI attorney William Moore is aware the at law enforcement officials have a difficult job. The decision to arrest a suspect is not always clear-cut, especially if there remains large amounts of investigative work to be done. Unfortunately, making the wrong decision on these tough calls can have lingering bad effects. If the suspect should have been arrested and subsequently either commits an additional crime or simply alludes police (and justice), there is likely to be outcry in the community. If the suspect was wrongfully arrested, did not commit the crime at all, or even if there is just not enough evidence for a prosecutor to prove the case beyond a reasonable doubt, there are likely to be consequences as well. Fort Lauderdale DUI lawyer Moore believes that while law enforcement officers should use their best judgment, they should always be mindful of suspects’ constitutional rights.

On March 27, police responded to a car accident in Oakland Park. Paramedics there treated a dazed man at the scene. The man, 31-year-old Davydson Soares of Pompano Beach, allegedly smelled strongly of alcohol and apparently did not remember driving. Soares allegedly caused a fatal wreck by driving the wrong way on a highway on-ramp, killing a person in another vehicle.

Investigators took two blood samples from Soares, Fort Lauderdale DUI attorney Moore has learned. The first, collected one and a half hours after the accident, showed a blood alcohol concentration of 0.16 – twice the 0.08 percent level at which state law presumes a driver is impaired. A second sample, collected two and a half hours after the crash, showed a BAC of 0.15 percent. Prosecutors could use these blood samples as strong evidence to show that Soares was impaired at the time of the car accident.

Soares was not arrested at the time because prosecutors have only three weeks to file charges against a suspect after an arrest. Oftentimes, the lab results take longer to process and law enforcement officers need to investigate the alleged crimes more thoroughly, both to assure that they are making the correct arrest and also to build the strongest case possible against the person they believe to be the perpetrator. There are downsides, however: now, police cannot locate Soares, and critics think he should have been arrested at the time of the accident. He presented a foreign passport as his identification and thus could have been perceived as a flight risk. The greater the perceived likelihood of a suspect to flee is, the more likely it is that law enforcement will make an immediate arrest instead of risking a situation like the one in which they find themselves with Soares.

Continue reading " Fort Lauderdale DUI Attorney: State Troopers Lose DUI Manslaughter Suspect " »