Florida DUI Lawyer Blog

Generally, driving under the influence means operating a car after having too much alcohol to drink to do so safely, says Broward DUI attorney William Moore. That is not the only circumstance in which a person can be charged with DUI, however, and the other situations that can result in a criminal charge are often surprising. Fort Lauderdale DUI attorney Moore hopes that law enforcement agencies use their discretion in making DUI arrests.

Boating under the influence is one common crime that many people are surprised they could be face criminal charges for committing. Relaxing with friends and family on a sunny Saturday afternoon with a cooler of beer is a fun pastime, but law enforcement agencies patrolling the water can and do make arrests for BUI when the operator of the boat is over the 0.08 percent blood alcohol concentration level at which Florida law presumes the driver of a motor vehicle is impaired. The operator can also be arrested if there is other evidence to indicate that the person is impaired, even without knowledge of the person’s BAC or when the person’s BAC is lower than BAC but nonetheless displays symptoms of intoxication.

Operating other “vehicles” besides cars and boats can result in a DUI, as well. For example, riding a bicycle while intoxicated can fall within the meaning of the DUI statute. Around the country, people have been arrested for operating various types of vehicles while intoxicated – including tractors and other farm equipment. One man was arrested for operating a Zamboni ice-clearing machine while under the influence of alcohol at a New Jersey ice-skating rink, although a judge later ruled that a Zamboni does not meet the definition of a “motor vehicle” according to state law.

The intoxicating substance need not be alcohol, says Fort Lauderdale DUI lawyer Moore. In fact, many people are arrested for DUI based on a police officer’s suspicion that the person is under the influence of cocaine, ecstasy, methamphetamines, or other drugs. A person can even be arrested for DUI when operating a car under the influence of common prescription drugs, like Ambien and Xanax. In some cases, police have alleged that over-the-counter drugs, especially allergy medications like Benadryl, played a role in a driver’s impairment.

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According to Broward DUI attorney William Moore, Sheriff’s Deputy Charles E. Grady, Jr., who is 39 years old, was forced to resign earlier this spring after he was convicted of two counts of battery. The battery charges were misdemeanor offenses and Grady was sentenced only to two years of probation. Still, the community has unresolved questions about the former deputy’s conduct, as well as the apparent nonchalance of supervisors and prosecutors in the face of mounting complaints during Grady’s years with the office.

Fort Lauderdale DUI lawyer Moore says information pertaining to the numerous complaints has now come to light. Nine different women made formal complaints about his behavior during traffic stops, including stops for DUI. Part of the reason their allegations did not go anywhere was probably the perceived credibility of the women who made the complaints: several were strippers, another had psychological problems requiring hospitalization shortly after the accusation, and one woman had a prior criminal record, which include three arrests for driving under the influence.

Numerous women complained that Grady touched them inappropriately during DUI or other traffic stops and made degrading remarks. There were even allegations that Grady had used pepper spray on a woman and that he “hog-tied” another, a woman who later received a civil settlement following her DUI traffic stop. One woman says that he visited her in her hospital room after she suffered severe injuries in a traffic accident – and he threatened her and called her obscene names. Worst of all, Grady was accused of forcing a stripper he stopped to perform oral sex on him. He threatened her with his police-issued weapon, she says, and said he would kill her if she reported the incident.

Despite at least 17 complaints from women who claimed they were abused, Grady remained on the job. Local newspapers have speculated that law enforcement officials discredited the women’s accounts in part because many of them were strippers and that Grady was given a free pass because other officials look out for each other. Now, Grady is no longer licensed to work as a law enforcement officer in the state of Florida, as part of a plea deal that prevented any jail time at all and ensured that prosecutors would not pursue a charge of felony armed sexual battery.

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Jim Leyritz, the former Yankees baseball player, is out of jail as he awaits a September trial for DUI Manslaughter. According to law enforcement officials, Leyritz and the driver of the vehicle with which his own collided were both intoxicated, says Fort Lauderdale DUI lawyer William Moore. The accident occurred late at night, as the female driver, a 30-year-old mother, was driving home from her bartending job at a local steakhouse. She died as a result of the accident. Witnesses told police investigators that Leyritz ran the red light, causing the car crash. Leyritz has consistently disputed that the accident was his fault, pointing to the victim’s driving record and her previous instances of driving under the influence of alcohol. In fact, forensic evidence seriously complicates the case: the victim’s blood alcohol concentration, like Leyritz’s, was apparently in excess of the 0.08 percent level at which impairment is presumed by Florida law. The victim’s BAC was actually notably higher than Leyritz’s, the investigation concluded.

Since the accident in December 2007, Leyritz has reportedly obsessed over the details of the accident, withdrawn from the community, stopped his charity work, and run out of money. Now out on bond, he is forbidden from consuming alcoholic beverages and, although he is currently allowed to drive, he can do so only with an ignition interlock device attached to his vehicle. The device, which is frequently used on the cars of DUI suspects and DUI offenders, requires Leyritz to blow into it in order to start his car. Ignition interlock devices have been particularly lauded by Mothers Against Drunk Driving and similar groups, which believe that widespread use of the devices could stamp out drunk driving entirely. Broward DUI attorney Moore, however, believes there is a significant problem with their usage: they are not always accurate, as Leyritz’s recent experiences have demonstrated.

Last month, Leyritz tried to start his car to leave the home of his former wife, with whom he shares custody of their three boys. He blew into the ignition interlock device, which registered a reading indicating that he had been consuming alcohol. Leyritz, who had not been drinking, became distraught. A second try yielded the result he was looking for, but the damage was done: the device notifies authorities that the car’s owner has been consuming alcohol.
Leyritz was eventually cleared. He submitted two separate urine samples, both of which confirmed what he already professed: he had not been drinking. The ignition interlock device apparently malfunctioned. Fort Lauderdale DUI attorney Moore believes that this is a serious problem. Leyritz’s case was publicized due to his fame – but how often does this situation occur, where an ignition interlock device or a breathalyzer incorrectly points the finger at someone who is innocent? In a state like Florida, where a person can be convicted of DUI just on the basis of the breath test reading, the possibility is frightening.

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Broward DUI attorney William Moore has learned that Donté Stallworth, the 28-year-old wide receiver for the Cleveland Browns, is accepting plea bargain today. Stallworth, a Miami native who is already famous on the football field, gained notoriety after his involvement in a drunk driving accident that left a local father dead. Stallworth allegedly partied through the night in Miami Beach on March 14 of this year, only leaving the upscale Fontainebleau bar as dawn broke over Miami. He then preceded over the Macarthur causeway to return to his home in Miami. On the way, however, Stallworth was involved in a car accident when he struck a pedestrian. Mario Reyes was 59 when he was killed, crossing the street to catch a bus home after working all night as a crane operator. Stallworth cooperated with investigators, telling them that he honked his horn and flashed his lights at Reyes before the collision. Reyes did not survive.

Fort Lauderdale DUI lawyer Moore says that Stallworth faced up to 15 years in prison for the DUI Manslaughter charge. The case might not have been ideal for the state attorney’s office to take to trial, however, due to two points that jurors might believe shifted at least a part of blame to the victim: Reyes was jaywalking, not in a crosswalk, across the road at the time of the accident and Stallworth’s statements that he flashed his headlights and honked at the pedestrian. It is not clear, however, if Stallworth’s statements have been substantiated. Stallworth submitted to roadside field sobriety tests following the accident and a breathalyzer device recorded his BAC at 0.126, higher than the “legal limit” at which Florida law presumes a driver is impaired. After being charged, Stallworth posted bond and was permitted to travel between Miami and Cleveland due to his obligations with the Cleveland Browns.

Stallworth’s plea deal was accepted by the judge in his case. Under its terms, he will spend 30 days in jail in exchange for his guilty plea. He will also be required to complete two years of house arrest, eight years of probation, and 1,000 hours of community service. Stallworth’s driver’s license has been permanently revoked. Prosecutors said they had taken into consideration the defendant’s remorse over the accident, his cooperation with police, and his lack of prior driving problems. The family of Mario Reyes had also considered filing a wrongful death civil lawsuit against the football star, but sources close to the family say that they have reached a monetary settlement with Stallworth. The family reportedly was ready for the painful criminal saga, as well as the potential civil component, to be over.

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A Broward County woman has been charged with driving under the influence of alcohol and child abuse stemming from an accident that occurred in April, Broward DUI attorney William Moore has learned.

According to media reports, Diann Lopez, who is 34, was driving her sport utility vehicle on April 18, exceeding the posted speed limit on Seminole Pratt Whitney Road in Loxahatchee. Her vehicle allegedly sideswiped another vehicle as it crossed the double yellow line, striking a pickup truck driven by 17-year-old Kelsea Frick head-on. A BMW then collided with Frick’s truck from behind.

Frick suffered serious injuries, requiring surgery on her legs, and was also treated for injuries to her head and abdomen. A passenger in her truck was treated at an area hospital and later released. She and Lopez had to be removed from their respective vehicles by emergency responders. Like Frick, Lopez underwent leg surgery and received treatment for head and abdominal injuries. Lopez was unable to maintain consciousness when she was removed from her vehicle. The driver and passengers in the vehicle that Lopez allegedly sideswiped were also treated and released. Fort Lauderdale DUI lawyer Moore says that these injuries are consistent with typical reports from accidents occurring at relatively high rates of speed.

Law enforcement officials found five empty beer bottles, one broken bottle, and six bottles that had not yet been open inside the vehicle belonging to Lopez. It is not clear, however, that Lopez was drinking the beers at the time she was driving. Additionally, her 18-month-old son, Dwayne Lopez, was riding in the back seat of the SUV at the time of the accident. He was released into the care of relatives and police did not provide information on his medical condition or whether he was injured. His mother’s blood samples indicated that her blood alcohol concentration was in excess of 0.1 percent, above the 0.08 percent at which Florida law presumes a motorist is intoxicated.

Lopez was also charged with child abuse because her son was present in the vehicle, says Broward DUI lawyer Moore. Under the Florida child abuse statute, an act of child abuse must be an intentional infliction of physical or mental injury to a child or an intentional act which the actor could reasonably expect to cause such injury. A person can also be convicted under the child abuse statute by actively encouraging another person to commit such an act.

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Florida, in addition to every other state, uses breath test devices to gauge whether or not a driver is intoxicated and, if so, to what degree. All 50 states have set the level at which the state presumes a driver is impaired (thus making driving in that condition a criminal offense) at 0.08 percent blood alcohol concentration, say Broward DUI attorney William Moore. Many, if not most, people are familiar with that particular component of the drunk driving statute, due largely to the campaigns waged by private organizations and law enforcement agencies against driving under the influence of alcohol. There is another provision, however, under which a motorist can be convicted of DUI: if he or she is actually impaired. For example, a person whose BAC, as determined by a breath test device, is only 0.05 percent can be arrested and convicted of DUI if there is other evidence to demonstrate impairment. According to Fort Lauderdale drunk driving lawyer Moore, the other evidence could take the form of testimony by a police officer or sheriff’s deputy regarding the motorist’s performance in roadside field sobriety tests, nystagmus tests on the eyes, slurred speech, and other symptoms of intoxication.

Breathalyzer results are important to the state’s case when prosecuting a DUI case. It is the only crime for which a criminal defendant can be convicted solely on the basis of the results of a mechanical device. There are a myriad of problems associated with breath test devices. They can be unreliable for a host of reasons, says Fort Lauderdale DUI lawyer Moore. For example, the devices are calibrated for an “average” person, one whose lung capacity is within that range, and is likely less reliable the farther from that “average” size a person taking the test actually is.

Additionally, some DUI lawyers believe that there is a confrontation problem. The manufacturer of the breath test equipment, a company called CMI, Incorporated, has refused to release the source code for the Intoxilyzer device. The source code is the computer coding that tells the machine what calculations to run. Because a DUI defendant cannot argue against the way the calculations are made, there is an analogy to being unable to confront an adverse witness.

A driver must generally submit to giving samples, including breath samples, for testing when he or she is under suspicion for driving under the influence. This is called implied consent and refers to the legal doctrine that a driver has already implicitly consented to providing samples by driving on Florida roadways or holding a Florida driver’s license.

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The criminal justice system can be scary for anyone, but this is often particularly true for DUI defendants. Many, although certainly not all, DUI suspects do not have a prior criminal record. The sage advice of an experienced Broward DUI attorney can help a motorist accused of driving under the influence of alcohol, cocaine, or other substances achieve the best possible resolution to his or her case.

In the United States, many people take it for granted that if they are accused of committing a crime, they will not have to face a criminal court alone or unaided by legal counsel. The Constitution recognizes a right to have counsel when criminal proceedings have begun against a person. Additionally, the famous Miranda warning advises suspects that they have the right to speak with an attorney if they so choose prior to being interrogated by police. Criminal suspects also have the right to remain silent and not to provide any information. In any case, information derived from interrogations which occurred prior to the reading of the Miranda warning is often not admissible in a courtroom. The Constitution also provides that defendants have the right to a fair, speedy, and in the vast majority of cases public trial.

Defendants who are charged with felonies and misdemeanors in Florida have the right to counsel. Indigent individuals will be assigned a public defender, although defendants only qualify for those services if they make less than twice the amount of the federal poverty guidelines listed for their family size. For reference, a single person is impoverished if he makes less than $10,830 in income each year, and eligible for public defense services if he makes less than $21,660.

All other defendants should bring a private Fort Lauderdale DUI lawyer and many indigent clients still elect to hire a private attorney. The right to counsel attaches in all cases in which time in jail or prison is a possibility. In some very minor misdemeanor cases, the prosecutor can certify that she will not seek any time in jail, an unusual step. In most instances, being represented by an attorney allows a professional who is familiar with court procedure to advance sophisticated legal arguments on your behalf in a way a layperson is unable to do.

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Ignition interlock devices are frequently installed on the vehicles of DUI offenders, says Palm Beach DUI Lawyer Andrew Alitowski. The devices contain a small breath test component, which requires the driver to breath into it before starting the car. Often, the driver must breathe into it a few minutes later as well, or even periodically the entire time the vehicle is being driven. This feature is designed to prevent a driver from drinking a lot of alcohol, then immediately getting behind the wheel before it has absorbed into the system. It is supposed to be a check to prevent a DUI offender from committing another offense, according to Palm Beach DUI lawyer Alitowski. Proponents insist that the devices prevent DUIs from ever even occurring. Although the position makes sense intuitively, new information is surfacing that may demonstrate that the devices are surprisingly ineffective at preventing DUIs. The question remains, then: are ignition interlock devices actually effective at preventing second, third, or subsequent DUIs?

First, there are the typical problems associated with any breath test (breathalyzer) device. They may not completely compensate for the rate of absorption of alcohol into the bloodstream. They can give false positives. Breathalyzers may incorrectly identify a foreign substance as alcohol, when it is something else entirely. Women or those with smaller lung capacities may appear to have a different concentration of alcohol in their breath than they really do, because the machines are calibrated for the lung capacity a “typical” person would have.

In addition to all of those problems that all breathalyzers have, there is new evidence to show that the ignition interlock devices do not prevent additional DUIs. In 2005, the California Department of Motor Vehicles made its report to the state legislature on the devices. Its findings showed that the expected result, which would be fewer subsequent DUI arrests for those who had the device installed, “was not observed.” In fact, the risk of a subsequent motor vehicle accident was 84 percent higher in those who had installed the device versus those who had not. The results “clearly show that IIDs are not effective in reducing DUI convictions” and that there is “no evidence” that the devices work.

Who is pushing for their continued use? Mothers Against Drunk Driving has long been a proponent of ignition interlocks. The companies the devices even lobby state legislatures – and their business incentive to do so is readily apparent.

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