Florida DUI Lawyer Blog

The Confrontation Clause is found in the Sixth Amendment of the United States Constitution and states as follows: "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." This right is applied to prosecutions by states through incorporation by the Fourteenth Amendment, says Fort Lauderdale DUI lawyer Moore.

Crawford v. Washington was a Confrontation Clause case decided by the Supreme Court of the United States in 2004. Michael Crawford stabbed a man, Kenneth Lee, over a dispute related to Lee's alleged attempt to rape Sylvia Crawford, the wife of the defendant. Crawford claimed that at the time of the stabbing, he was under the impression that Lee had been armed and was thus acting in self-defense. Mrs. Crawford made conflicting statements to the police, first stating that she had not been present during the scuffle and later stating that she was present and Lee was unarmed. Her husband was charged in relation to the stabbing, says Broward DUI attorney Moore.

At trial, the prosecution used a tape of Mrs. Crawford's statement, over the objection of the defense. Mrs. Crawford could not be compelled to testify due to spousal privilege. Further, the defense contended that the defendant could not cross-examine Mrs. Crawford about her statement without the defendant being forced to waive the privilege. Crawford was convicted, but his conviction was overturned by the appellate court, then reinstated by the Washington Supreme Court. Ultimately, the U.S. Supreme Court heard the case. In a landmark decision, the Court held that where a witness would offer testimonial evidence, he or she must be made available for cross-examination by the defendant.

The Confrontation Clause does not, it would seem, apply to machines. This is an important distinction for DUI cases, notes Broward DUI lawyer Moore. Although the company that manufactures the breathalyzer machines used in Florida and other states has been ordered by several courts to release its source code -- the computer programming that tells the machine how to calculate the breath alcohol in the sample produced by a suspect -- the company has repeatedly refused to do so, citing in part a trade secret. However, a DUI defendant can still contest the accuracy of the machines, usually through the use of expert testimony regarding the reliability of the breathalyzer, its biases, and the margin of error inherent in the results produced. In fact, breathalyzer machine operators in the state of Florida must obtain two breath samples within 0.02 of one another in order to proceed with the breath.

A DUI arrest in the state of Florida can be devastating. It can have a long-term effect on your future, including your prospects for employment, or even continuing at the job you already have. For many, a valid driver's license is necessary for work. Truck drivers and taxi operators come to mind immediately, but other professions require that workers drive regularly. For example, Fort Lauderdale DUI lawyer William Moore drives to court. Even driving just to get to your place of employment is important, as is driving children or other family members to school, doctor's appointments, and the like.

After a driver is arrested for driving under the influence in Florida, he or she has only 10 days in which to formally challenge the administrative suspension of his or her drivers license by the Florida Department of Highway Safety and Motor Vehicles. Broward DUI lawyer Moore provides representation at these hearings. The arresting law enforcement officer may appear at the hearing and provide testimony regarding the reasons for the traffic stop. The administrative suspension of the drivers license is a separate matter from the criminal case. In fact, even if a defendant goes to trial and is found not guilty of DUI by a judge or jury, the driver's license suspension by the FDHSMV is not invalidated at that point. If the defendant did not successfully challenge the suspension in the 10 day period following the arrest, the drivers license will not be reinstated until after the suspension period runs and the defendant applies for reinstatement with the FDHSMV, according to Broward DUI lawyer Moore.

It is important to remember not to drive unless your license is valid. Drivers licenses can be suspended for failure to pay tickets, a DUI arrest, and having child support in arrears. However, driving with a suspended license may sound like a simple traffic ticket, but is actually a fairly serious criminal matter. It is not uncommon in many jurisdictions in Florida for the prosecutor to seek significant time in jail -- for instance, 30 days -- simply for an arrest for operating a motor vehicle with a suspended license. Such an arrest could also constitute a violation of the terms of dui probation, which usually includes reporting, attending DUI school, attending a victim impact panel, the payment of various fees and fines, and not driving or picking up new criminal charges. In terms of operation of a motor vehicle in violation of a drivers license suspension, the definition of what constitutes a motor vehicle can also be fairly broad, encompassing many of the scooters popular to cruise around the beach in Fort Lauderdale.

Driving under the influence and criminal defense issues associated with it often involve a lot of numbers, notes Fort Lauderdale DUI lawyer William Moore. 0.08 is the blood alcohol content at which a person is presumed to be impaired. Controlled substances, either prescription or completely illegal, are not quantified in urinalysis, making those tests less effective for prosecutors trying to prove a DUI case. On the other hand, those substances can be and generally are quantified in blood samples, according to Fort Lauderdale DUI attorney Moore. Therefore, the state’s toxicologist may testify as an expert witness regarding matters such as whether the substances are present at a therapeutic level.

Another numbers issue often addressed by anti-drunk driving organizations is the role alcohol plays in accidents and traffic problems more generally. Studies consistently show that in accidents where a driver is injured, the hurt person more often than not caused the accident. The studies also show that the rates for responsibility of the accidents fatal to the drivers are even higher for those drivers who are under the influence at the time of the accident, by a difference of 68% for non-impaired drivers to 94% for impaired drivers. The figures include accidents that did not involve any other cars.

About one of every seven drivers on the road suffers from diabetes, which is staggering when taken in consideration with the fact that a diabetic suffering from a serious hypoglycemic (low blood sugar) episode often exhibits the same signs law enforcement officers look for in DUI -- slurring speech, unsteadiness, confusion or disorientation, to name a few. The breath test machine, or breathalyzer, will not exonerate these individuals. During a hypoglycemic episode, the driver will produce significant acetone, which the breathalyzer registers as though it were alcohol.

Field sobriety tests produce some interesting numbers, as well, says Broward DUI lawyer Moore. A Clemson University study tested officers’ ability to distinguish test-takers who had been drinking from those who had not. None of those taking the field sobriety tests had consumed any alcohol. The officers were not told this fact, and after seeing their performance on the roadside tests, found that 46% of the individuals were too impaired to operate a motor vehicle. If law enforcement officers can only spot a sober person half of the time, these tests are not very useful.

Although the ratio has and continues to shift dramatically, women are still arrested for DUI at much lower rates than men are. Fewer than 20% of DUI defendants are women, and more than 90% of those who have a second or subsequent DUI arrest are men. Women are also more difficult to test with a breathalyzer machine, as they may not have the lung capacity that a man would have, and there are certain inherent BAC testing biases that skew against women.