Pennsylvania v. Muniz is the most important case in defining when Miranda warnings are required and when they are not required in DUI cases. The Court recalled that Rhode Island v. Innis established the test for interrogation where statements are not made in direct response to questions. Officers' conduct may be considered interrogation if it is the “functional equivalent” of express questioning when considered from the perspective of the accused. Some responses may be considered a product of interrogation, but nonetheless, not require Miranda warnings (for more information and articles on Florida DUI, or if you have been arrested for DUI in Florida).

In considering this subject in Muniz, the Court recognized four categories of information that a defendant may provide. Those categories are: (1) answers to questions calling for biographical information; (2) answers to questions that require the defendant to make calculations based on knowledge of his past; (3) interactions between the defendant and the officer during field sobriety tests; and (4) defendant's comments in response to the officer's request that the defendant submit to a chemical test.

If you have questions about a DUI arrest in Broward County, Dade County or Palm Beach County, call our DUI defense office today and schedule a free consultation. For information Fort Lauderdale crime, see arrested in Fort Lauderdale.

Attorney Practice Tip: Criminal liability under the statute governing crashes involving property damage requires proof that the accident resulted in property damage; merely leaving the scene of an accident is not a crime.

Based on experience, I have found the introduction of unfavorable HGN results to be very damaging to a DUI defense attorneys case. Considering that this highly controversial evidence gathering technique is so easily suppressed, Fort Lauderdale DUI attorneys routinely caution young attorneys against minimizing the threat of such evidence in preparing for trial.

Broward County DUI Attorney Andrew Alitowski explains that a 1981 study concluded that the Gaze Nystagmus could correctly identify participants at or above a BAC of 0.10 seventy-seven percent (77%) of the time, that the walk and turn test could correctly identify participants as being at or above a BAC of 0.10 sixty-eight percent (68%) of the time and the one leg stand test could correctly identify participants at or above a BAC of 0.10 sixty-five percent (65%) of the time. Further, the study stated that when the results of the Gaze Nystagmus with the walk and turn test were combined, they could accurately identify a person at or above a BAC of 0.10 level eighty percent (80%) of the time. Not to be forgotten, the authors also noted a 32% false arrest rate in the overall statistics.

Another NHTSA commissioned study was conducted in 1983. This study was to standardize practical and effective procedures for police officers to use in reaching a decision regarding the arrest of a possible DUI driver. The results of this study echoed the statistical results of the laboratory testing summarized in 1981 by Tharp, Burns and Moskowitz in Development and Field Tests for DUI Arrests.

NHTSA funded yet another study to validate the SFSTs. A study
conducted in Colorado in 1995 was commissioned to examine the results of arrests from seven Colorado law enforcement agencies. A Colorado Validation Study of the Standardized Field Sobriety Test (SFST) Battery (1995) In this study officers were old to identify drivers who had a BAC over 0.05% (between 0.05%).099%) and also drivers who had a BAC over 0.10%. The study found that officers were 86% correct in their determination to arrest or release a motorist.

For more information on HGN, contact our Broward County office today.

The fact is that drinking alcohol and operating various forms of transportation has occurred for thousands of years. The use of animals as vehicles was most certainly done under the influence too many times to chronicle. It is unlikely that this activity led to much disaster and loss. The fact is that this type of activity rarely endangered anybody or anything other than the operator and the animal. More importantly, prior to modern times it was never against the law.

Much has changed since the industrial revolution, however, and now, it is well understood that DUI is crime that is taken very seriously in Palm Beach County. If you have been arrested call attorney Andrew Alitowski and schedule an appointment today.

Broward County - Criminal DUI Defense Information

Factors to consider -

Ingested alcohol absorbs at a slower pace in the stomach than the small intestine. The length of time alcohol remains in the stomach depends on the beverage consumed, presence of food, biological factors and stress. When alcohol lingers in the stomach, intoxication is less likely to occur because the enzymes and bacteria continuously metabolize alcohol before it is absorbed into the bloodstream.

Alcohol Content.

There are numerous factors that affect BAC levels. The most obvious is alcohol potency. To calculate the percentage of alcohol, divide the alcohol proof by 2. Many people underestimate BAC levels because they consume beverages with a higher alcohol content.

Alcohol Ingested.

Another distortion is the amount of alcohol, in a drink, especially mixed drinks, which frequently contain more than one shot of booze. In addition, the size of the drink can affect estimated BAC levels. Using mugs of beer, a large wine glass, or an oversized shot glass can mislead drinkers into consuming more alcohol than expected.

Food Consumption.

When estimating BAC levels, consider the amount of food consumed and the time between eating and drinking. This will impact the speed at which alcohol is absorbed into the bloodstream. Alcohol consumed during or after a meal will absorb into the bloodstream at a slower pace; conversely, drinking on an empty stomach leads to rapid alcohol absorption.

Drinking Pattern.

Individual drinking patterns significantly impact BAC levels. Drinking at a constant pace over time will generally result in a more predictable BAC. For example, drinking two beers per hour for five hours will create a lower BAC than guzzling a pitcher of beer one hour before a chemical test. The rapid consumption of alcohol can skyrocket BAC levels. Consequently, waiting several hours after the consumption of alcohol is better than constant drinking up to the time of driving.

In rare instances, however, binge drinking can be advantageous. For example, if a chemical test is performed immediately after the rapid consumption of alcohol, the BAC result will be relatively low because the alcohol did not have time to absorb into the bloodstream. Obviously, the amount of alcohol consumed will impact BAC levels, but do not discount the importance of monitoring individual drinking patterns.

Biological Factors.

BAC levels are affected by biological influences, such as metabolism, alcohol absorption, and sleep deprivation. These biological factors are silent variables in the BAC equation, and therefore impossible to predict and equally impossible to estimate. Only experience can best answer this question. Attempt to monitor the amount of alcohol consumed and how it impacts your faculties. Although not a precise science, it offers one more safeguard before drinking and driving.

Carbonated Beverages.

BAC levels are influenced by beverage carbonation, which accelerates alcohol absorption rates. In other words, a whiskey-sour mixed drink will absorb faster than vodka and orange juice. Strategy: Mix alcohol with water or fruit juices to stabilize BAC levels.

Drugs and Medication.

Always remember the impact of mixing alcohol and drugs, whether illegal, prescription or over-the-counter. It is unlawful to operate a motor vehicle after consuming alcohol and drugs if it impairs driving abilities, and only in remote circumstances will the law create an exception to this general rule. Consult a pharmacist to determine whether mixing alcohol and medications will cause driving impairment.

Any qualified DUI attorney in Fort Lauderdale will tell you that many of the factors effecting ones BAC may have a limited impact on your case due to changes in both technology and the law. DUI Attorneys who have tried many cases utilizing defenses that encompass the various factors that can influence an individuals BAC are best suited to render a legal opinion as to how the facts of a particular case may amount to a defense when in comes to influences on ones BAC.

Production videos have the ability to not only take the fact finder to the accident location but also walk them through exactly how you have scripted. With this in mind, it is imperative that only video production firms with licensed attorneys on staff be considered. This is crucial in getting the most convincing courtroom presentation video possible. “Group Project” is a Broward County video production firm that offers such services at a reasonable rate. Group Project is equipped with video production offices in Palm Beach, Broward and Miami-Dade.