Florida DUI Lawyer Blog

Driving under the influence, or DUI, is one of the most common charges for which traffic patrol officers place drivers under arrest. A law enforcement officer may be tipped off to a driver’s possible DUI in several ways. First, concerned motorists may dial 911 or call the police non-emergency line, says Fort Lauderdale criminal defense lawyer Moore. The police officer may also personally observe driving behavior he or she believes is suspicious, such as swerving, failure to maintain a single lane, low rate of speed, driving with headlights turned off after dark, and other indicators. The law enforcement officer might also become suspicious of DUI after conducting a traffic stop for another reason, however, such as speeding because the registered owner of the vehicle is wanted for a different crime.

Broward DUI lawyer Moore says that the worst circumstances under which law enforcement authorities might begin investigating a possible DUI is after an accident. In particular, single-car accidents, in which there are no mitigating factors, tend to be evaluated as potential evidence of intoxication.

That situation is precisely what happened to a local police officer when he was out of town recently, says Broward DUI attorney Moore. Sergeant Curtis Cuddeback is a 50-year-old member of the Coconut Creek police department. He went out of town to Roscommon County, Michigan approximately two weeks ago. While out of the state, he was involved in a single-car accident, in which the Ford Explorer he was driving rolled over at least once. Police reporting to the scene apparently found him climbing out of the vehicle. He reportedly kept repeating himself and telling officers that he was a police officer. Nonetheless, they found open containers of alcohol in the vehicle. Further, Sergeant Cuddeback’s blood alcohol content – determined after a blood draw he forced officers to obtain a search warrant to get – was found to be approximately twice the level at which a driver is presumed to be impaired.

Recently, Sergeant Cuddeback entered a guilty plea. He originally pleaded not guilty to the DUI charge, but recently accepted a plea that will put him on probation until his formal sentencing in March. The terms of the DUI plea deal are unclear.

Continue reading "Fort Lauderdale DUI Attorney on the Police Officer from Coconut Creek Arrested for Driving Under the Influence (DUI)" »

Driving under the influence, which is also popularly known as driving while intoxicated (DUI/DWI) or driving while impaired, is most commonly the result of intoxication from drinking alcohol. For this reason, states have set a level of blood alcohol concentration at which intoxication is presumed, says Broward DUI attorney William Moore. Following guidelines issued by the federal government in order to obtain highway funding, every state ultimately complied with the federal mandate that the states lower the level at which a driver is presumed impaired to 0.08 percent. However, intoxicating substances other than alcohol are often at play when a driver is suspected of impairment. Sometimes these are illegal drugs, including cocaine, heroin, meth, and even marijuana. Other times they are prescription or even over-the-counter medications. Because the effects of drugs, including alcohol, are amplified when combined with one another, it is important to be careful.

For example, a driver might take a Benadryl to cope with her severe allergies, Fort Lauderdale DUI lawyer Moore hypothesizes. She might know that the medication makes her somewhat drowsy, but not too bad, and not so much that she feels like she could not drive safely (although Broward DUI lawyer Moore does not suggest that anyone drive if they are too sleepy or too impaired to do so). If the same woman has two glasses of wine over dinner with her boyfriend before heading home, she may also think she is okay at that point. However, the combination of the wine and the allergy medication’s side effects may render her too impaired to drive.

Likewise, sleep aids may cause side effects that result in an arrest for DUI, says Broward drunk driving lawyer Moore. The effects of the prescription sleep aid Ambien have been well-documented and are especially alarming because subjects have been known to sleepwalk out of their beds and into their vehicles. One study found that five percent of those drivers who were urine-tested for Ambien in Miami-Dade came up positive, suggesting that the issue is quite common. Xanax, the anti-anxiety medication, is also known to cause impairment, especially when combined with alcohol or other drugs.

Many people who try to behave responsibly have unfortunately gotten caught up in bad situations in which they were arrested for drunk driving. Any time you take a medication, be careful about possible side effects, especially when taking more than one at the same time. DUIs are not caused exclusively by alcohol and recreational drugs; medications such as cold and allergy drugs, pain medications, and sleep aids may also be involved.

Continue reading "DUI and Sleep Medications" »

Broward DUI lawyer William Moore says that all drivers should be aware of the signs that might catch the attention of a police officer who is out on late-night patrol, looking for drunk drivers and making DUI arrests in the Miami-Dade, Broward, and Palm Beach metro area. Although each law enforcement officer or agency may have ideas about what behaviors are suspicious, it is clear that certain driving patterns consistently arouse officers’ suspicions across the country. The National Highway Safety Traffic Administration, which is charged with road safety, among other tasks, is a federal agency that handles drunk driving and other issues. The NHSTA has compiled a list of erratic driving signals that should tip off a law enforcement officer when a driver may be too impaired to safely (or legally) operate a motor vehicle. These include:

* Swerving
* Making wide turns
* Stopping for no reason
* Drifting out of the lane
* Straddling the lines marked on the road
* Weaving
* Tailgating
* Odd braking
* Driving the wrong way into oncoming traffic
* Sudden speeding up or slowing down
* Driving more than 10 miles per hour slower than the posted speed limit
* Other signs, including simply appearing to be intoxicated

Interestingly, some signs are more likely to indicate driving under the influence of alcohol or drugs than others. It is more likely that a driver who straddles the lane marker is drunk than one who drives at night without his or her headlights turned on. Likewise, drifting or driving significantly under the speed limit are more likely to indicate intoxication than a slow response to a traffic light or making an illegal U-turn.

Some law enforcement officers state that they sometimes consider speeding to be another sign of a driver who is committing a DUI, but the National Highway Safety and Traffic Board data does not bear out that belief. In any case, a law enforcement officer must always have reasonable suspicion that a crime is occurring, has just occurred, or is about to occur in order to conduct a traffic stop (with the exception of DUI checkpoints or sobriety roadblocks, which have their own special rules).

Fort Lauderdale DUI lawyer Moore reiterates that this means that police officers cannot simply stop a vehicle for no reason. They cannot stop a car due to the driver's or passengers' race, age, or other factors. Instead, they must have a suspicion that they could articulate -- not only a gut feeling -- and it must be reasonable. For example, a police officer who smells marijuana smoke coming from a vehicle will have a reasonable suspicion that a crime is or has just occurred and will thus be able to stop the car. However, if he simply saw a group of young men in the car who looked to him like pot-smokers, that feeling would be insufficient.

Field sobriety tests, also known as roadside tests, are supposed to be standardized tests that allow a law enforcement officer to gauge the relative sobriety or level of intoxication of a driver, says Broward DUI lawyer William Moore, who has studied the effectiveness of such police tactics for many years during his criminal defense career. Police officers often administer the tests instead of or in addition to breath or blood alcohol tests in order to make a DUI arrest. The field sobriety tests are sometimes, but certainly not always, video-recorded for use before a jury or a judge in a DUI trial.

When looking at these field sobriety tests as a lay person, Fort Lauderdale DUI attorney Moore acknowledges that they may seem simple for a driver who is sober to perform or easy to use as an investigative tool for a police officer. The problem is how very subjective the tests are, even for a highly seasoned law enforcement official.

For example, Broward DUI attorney Moore says that police may see what they want or expect to see – even if it is unconscious. The scenario is not difficult to imagine: a police officer (probably a state trooper) is patrolling the Florida Turnpike at 2:00 in the morning. He spots a red car going about 65 miles per hour, one of the only cars still on the road. The red car swerves to the left, crossing the dotted line, entering the leftmost lane with its front tire. The car jerks back into the center lane.

The police officer turns on her sirens and speeds off to apprehend to the red car. The red car stops and the officer proceeds to conduct a traffic stop.

Officer: Have you been drinking tonight, ma’am?
Driver: No. Well, not really. I had some wine with dinner but that was awhile ago.

The officer observes that the driver seems nervous and asks her to step out of the vehicle. She is suspicious that there is a DUI in progress. She asks the driver to perform several tests, such as standing on one foot and counting backwards from thirty. The woman does so, but is slightly wobbly. It’s a close call, but the officer places her under arrest for driving under the influence.

In reality, the woman may have swerved when looking down to change the radio station. Late at night, she may also have been sleepy. Two glasses of wine at dinnertime is unlikely to leave a driver impaired many hours later. In this case, a police officer would use the field sobriety tests to evaluate the driver’s impairment, but there is no way to produce truly accurate results.

This scenario plays out all the time. Unfortunately, the diagnostic tool is far from perfect, and law enforcement officers tend to grossly overestimate a driver’s intoxication. In blind studies, in fact, experienced police officers often determined that “suspects” who were not under the influence of alcohol or any other substance were too impaired to drive.

Continue reading "Broward DUI Attorney – Field Sobriety Tests as a Method of Determining a Driver’s Level of Intoxication" »

Broward County DUI lawyer William Moore has studied DUI roadblocks, also known as sobriety checkpoints, extensively during his DUI defense career. Invariably billed as an effective device to keep drunk drivers off the road – and to make more DUI arrests – the sobriety checkpoints simply do not work to prevent DUI from happening, nor to actually catch those drivers who are committing the crime. Although law enforcement agencies in Broward, Palm Beach, and Miami-Dade Counties, as well as anti-drunk driving organizations such as Mothers Against Drunk Driving continue to tout the sobriety roadblocks as effective, the hard data is conclusive: roadblocks are effective at generating revenue, but not at preventing driving under the influence of alcohol or drugs.

For example, Fort Lauderdale DUI attorney Moore says that the Lake Worth police department in Palm Beach County set up a DUI roadblock over the Fourth of July weekend, stopping drivers between 10:30 p.m. on Friday, July 3, and 1:00 a.m. on Saturday. The sobriety checkpoint netted a grand total of three arrests for DUI, which is probably an unusually high figure. Some roadblocks end with only a single arrest, for instance. The checkpoint did result in plenty of citations for other, generally less serious violations, however, including eight for driving with a suspended or revoked license, 14 for driving without a license, one for a child safety restraint, seven for adults not wearing their seat belts, 12 without proof of insurance, two drivers with improper equipment, and a variety of other non-criminal traffic violations. Notably, only a tiny fraction of problems police found were in any way related to the purported goal of DUI roadblocks: eliminating drunk driving on the streets of Broward County.

The reality is that sobriety checkpoints are a cash cow for police departments around the country. Law enforcement agencies look good to members of the community when they operate these checkpoints, as they are required to be publicized in advance and cracking down on DUI is a popular police goal. They are financially beneficial to the agencies because by directing traffic through the checkpoint, law enforcement officers can check the equipment, licenses, registration, and insurance of a high number of vehicles quickly – and issue more traffic tickets than they would otherwise be able to do.

Criminal defense studies have shown that the most effective crime deterrent is increasing the likelihood that criminals are caught. DUI checkpoints have little effect on this, as drivers must actually elect to go through them. Widespread police patrols are a more effective tool, cause less hassle for regular drivers, and do not implicate other police interests, such as the necessity of generating funds through citations.

Continue reading "Broward County DUI Lawyer Claims DUI Checkpoints Don’t Work" »

Law enforcement agencies throughout Broward, Palm Beach, and Miami-Dade Counties are expected to increase drunk driving patrols this weekend, says Broward DUI attorney William Moore. This is typical of any major holiday celebration, as police officers often put up sobriety checkpoints throughout the areas on Labor Day, Memorial Day, and particularly New Year’s Eve. Long weekends also tend to draw more partying, both on the roads and on the water. The Miramar police department, among others, has announced its intention to hold a DUI checkpoint from 8:00 p.m. on July 3 through 3:00 a.m. on July 4.

Sobriety checkpoints are subject to a number of constitutional restraints, notes Broward DUI lawyer Moore. For example, they must provide an opportunity to turn around and they must be clearly marked and visible from an appropriate distance. Law enforcement officers cannot pick and choose which drivers they want to assess; instead, they must have a neutral mechanism in place, which is determined by a superior in advance, along the lines of checking every single car or every third car. DUI roadblocks must also be announced to the public in advance. Generally, these DUI checkpoints garner significant revenue in the form of non-criminal traffic citations, but very few DUI arrests.

Boating under the influence is another consideration for this Independence Day weekend celebration. Many people in Fort Lauderdale and greater Broward County take to the water to celebrate the summer holiday on their boats. Unfortunately, Fort Lauderdale DUI attorney Moore has found that many are unaware of the consequences of drinking and boating – or even of the existence of a crime known as boating under the influence, or BUI. Boating under the influence is very similar to driving under the influence. A person who is operating or in actual physical control of a boat with a blood alcohol concentration (BAC) at or exceeding 0.08 percent can be convicted of the crime of BUI, if the act occurred in Florida waters.

Fort Lauderdale DUI lawyer Moore also reminds boaters to remember to follow the rules of the water, keep your boat properly licensed, and measure any lobsters caught to ensure compliance with local laws. Florida law enforcement officers will be patrolling the waterways as well as the streets to ensure that celebratory boaters are safe and following the letter of the law this weekend.

Continue reading "DUI Checkpoints Ramped Up Over Fourth of July Weekend" »

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" »