Articles Tagged with DUI defense

Recently, pro-golfer Tiger Woods agreed to plead guilty to reckless driving and enter a diversion program, in exchange for prosecutors dropping DUI charges against him. criminal defense

ESPN reports the Florida DUI arrest occurred after Woods was found sleeping in his sports car, allegedly under the influence of sleeping medication and painkillers. No alcohol was found in his system. Following the diversion program, he will have the opportunity to ask the judge to expunge the reckless driving conviction.

As our DUI defense attorneys can explain, this is a somewhat typical outcome in a case like this in cases where:

  • Defendant has no prior criminal record;
  • Defendant did not harm anyone or cause property damage;
  • Prosecutors may not have the strongest case (i.e., intoxication via drugs is tougher to prove than alcohol impairment);
  • One is represented by an experienced attorney.

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Earlier this year, prosecutors in Broward County filed charges against a man who allegedly caused a New Year’s Day crash in Fort Lauderdale that killed a teenager. However, despite there being no breath or blood evidence, prosecutors still chose to file a charge of DUI manslaughter. How can this be? DUI defense

For the answer, we look to F.S. 316.193, Florida’s DUI statute. In order to prove a defendant was driving under the influence, prosecutors need to show the individual was driving or in control of a motor vehicle and that they also met one of the following criteria:

  • Had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;
  • Had a breath-alcohol level of 0.08 or more grams of alcohol per 210 milliliters of breath;
  • Were under the influence of any alcohol or chemical substance to the extend the person’s normal faculties were impaired.

It is that last provision on which prosecutors are hanging their had in this case.  Continue reading

Authorities made a South Florida arrest for DUI and child endangerment in Boynton Beach after allegedly discovering a woman drunk behind the wheel of a car in a parking lot with four children jumping in and out of the sunroof.winebottle

According to The Sun Sentinel, the engine of the vehicle was running. It was about 7:30 p.m. and the vehicle was parked in a Publix grocery store parking lot. In the front passenger seat, police say, was a half-empty jug of sangria. The 34-year-old woman in the driver’s seat allegedly had a blood-alcohol concentration of .358, which is more than four times the legal amount of 0.08. This was after she agreed to undergo a blood alcohol test.

Police reported they were called to the parking lot after several witnesses said they had tried to chase the young children out of harm’s way, as they were running around the parking lot and were almost struck by vehicles entering and leaving. One witness called dispatchers and said they had seen the driver drinking in the car from a large jug of wine.  Continue reading