Soto & Associates, P.A. http://www.mydui.attorney/blog/ Recent Posts en-us Wed, 21 Aug 2019 10:37:52 -0400 Tallahassee DUI Defense Attorney Discusses a Drug Testing Pilot Program http://www.mydui.attorney/blog/tallahassee-dui-defense-attorney-discusses-a-drug-testing-pilot-program/ When police believe someone is driving under the influence of alcohol, law enforcement can ask the driver to take a breathalyzer. The ease of administering breathalyzer tests, coupled with the clear limits set regarding a legal blood alcohol content (BAC) can make it easier for police to arrest drunk drivers and easier for prosecutors to secure convictions. When it comes to drugged driving, on the other hand, things become more complicated.

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2016-08-30 19:17:14 http://www.mydui.attorney/blog/tallahassee-dui-defense-attorney-discusses-a-drug-testing-pilot-program/
Prosecuting DUI Cases http://www.mydui.attorney/blog/prosecuting-dui-cases/ 2016-08-25 17:35:47 http://www.mydui.attorney/blog/prosecuting-dui-cases/ DUI Issues and Immigration http://www.mydui.attorney/blog/dui-issues-and-immigration/ When you are trying to immigrate to the United States, a criminal charge can have a detrimental impact on your immigration efforts. Even green card holders can sometimes face serious immigration consequences from criminal charges, up to and including deportation.  A crime on your record can prevent you from being able to get a green card and could stop you from traveling back into the United States if you went abroad.

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2016-07-28 16:54:23 http://www.mydui.attorney/blog/dui-issues-and-immigration/
Court Rules on Warrantless BAC Tests http://www.mydui.attorney/blog/court-rules-on-warrantless-bac-tests/ In a drunk driving case, a prosecutor has to show that a driver was impaired by drugs, alcohol or a combination of the two. Unless the prosecutor can prove intoxication beyond a reasonable doubt, a DUI defendant should be acquitted. That said, in an effort to try to ensure that prosecutors have the evidence they need, the police attempt to obtain a measurement of a driver's blood alcohol concentration (BAC). Blood tests, breathalyzer tests, and urine tests can all be used to measure alcohol (and sometimes drugs) in a person's system.

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2016-07-21 19:10:01 http://www.mydui.attorney/blog/court-rules-on-warrantless-bac-tests/
Can a Delayed Breath Test Render the Evidence Invalid? http://www.mydui.attorney/blog/can-a-delayed-breath-test-render-the-evidence-invalid/ When someone is pulled over because of suspected drunk driving, police generally want to administer a blood alcohol content (BAC) test. The purpose of the test is to obtain evidence showing that a defendant's BAC is above the legal limit of .08. 

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2016-06-28 20:56:52 http://www.mydui.attorney/blog/can-a-delayed-breath-test-render-the-evidence-invalid/
Is the High Court Likely to Overturn State Drunk Driving Laws? http://www.mydui.attorney/blog/is-the-high-court-likely-to-overturn-state-drunk-driving-laws/ Close to a dozen states currently have laws on the books which make it a criminal act for people who are suspected of drunk driving to refuse to take a blood alcohol content (BAC) test.  Drivers face these criminal penalties when declining to submit to testing, even if police do not have a warrant. In effect, these laws give motorists a choice: exercise your Fourth Amendment rights to be free from unlawful search and seizure and face criminal penalties for doing so, or submit to a BAC test that could be a violation of your constitutional rights.

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2016-06-14 19:11:20 http://www.mydui.attorney/blog/is-the-high-court-likely-to-overturn-state-drunk-driving-laws/
Law Enforcement Gets More Drug-Related DUI Training http://www.mydui.attorney/blog/law-enforcement-gets-more-drug-related-dui-training/ Drugged driving has increasingly become a concern for law enforcement officers throughout the state of Florida, especially as attitudes towards marijuana use have changed with more states legalizing cannabis for medicinal use and even legalizing pot for recreational use.

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2016-05-31 21:45:30 http://www.mydui.attorney/blog/law-enforcement-gets-more-drug-related-dui-training/
String of DUI-Related Events May Result in Serious Jail Time http://www.mydui.attorney/blog/string-of-dui-related-events-may-result-in-serious-jail-time/ Recently, a man was charged with vehicular homicide in connection with the death of a police officer.  According to the New York Post, the driver was charged because of a DUI accident.

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2016-05-24 19:31:28 http://www.mydui.attorney/blog/string-of-dui-related-events-may-result-in-serious-jail-time/
DUI Charges: A Look at Sleep Medications http://www.mydui.attorney/blog/dui-charges-a-look-at-sleep-medications/ Sleep medications are commonly prescribed. Unfortunately, these medications can be dangerous if drivers take them and then get behind the wheel of a motor vehicle.  Sleep meds can be a problem, particularly if motorists take drugs like Ambien, which has been shown to cause sleep driving according to the Washington Post.  Sleeping pills can also cause driving issues if the medication has not yet fully worn off before the driver gets behind the wheel of a vehicle.

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2016-04-25 15:54:30 http://www.mydui.attorney/blog/dui-charges-a-look-at-sleep-medications/
Appealing DUI Convictions http://www.mydui.attorney/blog/appealing-dui-convictions/ If you are accused of driving under the influence of drugs or alcohol, you want to do everything possible to avoid being convicted and facing penalties. A Tallahassee drunk driving lawyer can help you put together a legal defense strategy aimed at trying to avoid conviction or aimed at negotiating a favorable plea agreement so you will face the least penalties possible if you do not wish to fight the charges.

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2016-04-13 14:05:52 http://www.mydui.attorney/blog/appealing-dui-convictions/
DUI Defense: Auto-Brewery Syndrome http://www.mydui.attorney/blog/dui-defense-auto-brewery-syndrome/ Defendants who are accused of driving while impaired should work with a Valdosta DUI lawyer to explore all possible options for defending against charges.  There are often affirmative defenses which can be raised or ways to undermine prosecutorial evidence to introduce reasonable doubt and avoid conviction.  Each DUI defense should be tailored to the specifics of the case, as well as the evidence available against the defendant.

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2016-03-21 13:40:54 http://www.mydui.attorney/blog/dui-defense-auto-brewery-syndrome/
DUI Cases: Protecting Your Rights Under the Constitution http://www.mydui.attorney/blog/dui-cases-protecting-your-rights-under-the-constitution/ The Constitution is supposed to protect defendants who have been accused of violating the law. When you are charged with a crime, you face the loss of rights and privileges and potentially the loss of freedom. You should not be deprived of your rights or liberty without due process of the law and a fair trial.

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2016-03-07 10:51:44 http://www.mydui.attorney/blog/dui-cases-protecting-your-rights-under-the-constitution/
DUIs and Your Commercial License: What You Need to Know http://www.mydui.attorney/blog/duis-and-your-commercial-license-what-you-need-to-know/ In Florida, commercial drivers must not operate their trucks or other commercial vehicles if they have a blood alcohol concentration (BAC) of .04 or higher.  Florida Statute 322.61 makes it clear that any commercial driver with a BAC of .04 can face a one-year loss of his or her commercial license. Under the same statute, a one-year suspension of a commercial driver's license (CDL) can also result from a refusal to consent to a test designed to assess the amount of alcohol or drugs in a driver's body.  Commercial drivers impaired by any combination of alcohol and drugs also face this same suspension.

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2016-02-29 13:26:42 http://www.mydui.attorney/blog/duis-and-your-commercial-license-what-you-need-to-know/
NTSB Proposes Lower Limits for Drunk Driving http://www.mydui.attorney/blog/ntsb-proposes-lower-limits-for-drunk-driving/ Many alleged drunk drivers who were caught with a blood alcohol concentration (BAC) that was right at the legal limit of .08 percent face criminal charges. A BAC of .08 percent is considered DUI per se, which means the BAC level alone is sufficient to prove a driver is too impaired to operate a vehicle. A prosecutor doesn't even have to prove actual impairment or that the alcohol consumption affected driving abilities.  The prosecutor just has to show a defendant had a .08 or higher BAC.

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2016-02-22 10:31:48 http://www.mydui.attorney/blog/ntsb-proposes-lower-limits-for-drunk-driving/
How Social Media Can Be Used Against You in a DUI Case http://www.mydui.attorney/blog/how-social-media-can-be-used-against-you-in-a-dui-case/ Recently, law enforcement officers in Florida received multiple phone calls alerting them to the fact someone was driving drunk on local roads. The calls were very unusual because the concerned callers weren't other motorists. Instead, USA Today reports people were calling and indicating a woman was live streaming herself driving while under the influence of alcohol.

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2016-01-29 08:56:01 http://www.mydui.attorney/blog/how-social-media-can-be-used-against-you-in-a-dui-case/
Will the Supreme Court Allow Criminal Penalties for Blood Test Refusals? http://www.mydui.attorney/blog/will-the-supreme-court-allow-criminal-penalties-for-blood-test-refusals/ Police officers can stop drivers for traffic violations or probable cause if they suspect the motorist is impaired. When a law enforcement officer stops a motorist, he or she may want the defendant to undergo a blood test in order to determine if the motorist is too impaired to be behind the wheel.  In the 2013 case of Missouri v. McNeely, the Supreme Court issued a ruling protecting defendants from having their Fourth Amendment rights violated by law enforcement officers who want the drivers to take a blood test.  Unfortunately, some states are effectively trying to erode the protections in place for defendants and more cases are now before the Supreme Court.

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2016-01-22 11:24:35 http://www.mydui.attorney/blog/will-the-supreme-court-allow-criminal-penalties-for-blood-test-refusals/
Some States Impose Harsher DUI Penalties http://www.mydui.attorney/blog/some-states-impose-harsher-dui-penalties/ The offense of driving while impaired can result in criminal charges nationwide. However, the consequences can differ dramatically depending on the location where the drunk driving was alleged to occur. Each state sets its own laws to punish people convicted of drunk driving and some states are far harsher than others.

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2015-12-21 11:40:10 http://www.mydui.attorney/blog/some-states-impose-harsher-dui-penalties/
Ignition Interlock Devices: Not a Long-Term Solution to DUI Prevention http://www.mydui.attorney/blog/ignition-interlock-devices-not-a-long-term-solution-to-dui-prevention/ In the state of Florida, a conviction for impaired driving can sometimes lead to a requirement that you install an ignition interlock device (IID) in your vehicle. An ignition interlock device can be embarrassing, a hassle to use and very costly. If you are facing the threat of an ignition interlock device, you should consult with a DUI defense attorney for assistance in finding ways to fight the charges and attempt to avoid this serious consequence.

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2015-12-07 11:38:47 http://www.mydui.attorney/blog/ignition-interlock-devices-not-a-long-term-solution-to-dui-prevention/
More Women Are Facing DUI Arrests http://www.mydui.attorney/blog/more-women-are-facing-dui-arrests/ Drunk Driving Stats indicates that men are arrested for DUIs and convicted of drunk driving offenses far more frequently than their female counterparts. In 2010, for example, men accounted for four out of every five defendants who were facing DUI charges.  The highest-risk group -- men between the ages of 21 and 34 -- were singlehandedly responsible for at least 32 percent of all drunk driving episodes. Those who were considered binge drinkers were also in the so-called “high risk group.” Binge drinking was defined to include men consuming five alcohol beverages or more in a short period of time.  For females, however, binge drinking involved consuming only four alcoholic beverages in a short period.

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2015-11-30 08:48:12 http://www.mydui.attorney/blog/more-women-are-facing-dui-arrests/
What to Do At a DUI Checkpoint http://www.mydui.attorney/blog/what-to-do-at-a-dui-checkpoint/ In State Police v. Sitz, 110 S.Ct. 2481 (1990), the constitutionality of DUI checkpoints was challenged on the basis of the Fourth Amendment. The argument was made that a forced checkpoint was a violation of privacy rights; however, the court disagreed. A three-point balancing test was used to determine if checkpoints were reasonable under the Fourth Amendment. Because the state had a strong interest in preventing DUI accidents and the checkpoints were a reasonable means of achieving that goal, and because the level of intrusion on privacy rights was minimal, DUI checkpoints were found to be constitutional.

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2015-11-16 11:10:33 http://www.mydui.attorney/blog/what-to-do-at-a-dui-checkpoint/
How DUI Lawyers Can Help You With Your Case http://www.mydui.attorney/blog/how-dui-lawyers-can-help-you-with-your-case/ Being arrested for drunk driving is frightening and the stakes are very high as you deal with being accused of this serious crime. When you are arrested, you have to make a lot of very important decisions that can affect the outcome of your case. You need to have someone on your side who knows the law, understands your rights and can help you take a strategic approach to responding to the criminal case against you. 

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2015-10-19 08:27:25 http://www.mydui.attorney/blog/how-dui-lawyers-can-help-you-with-your-case/
Avoiding DUI Mistakes http://www.mydui.attorney/blog/avoiding-dui-mistakes/ If you have been charged with driving under the influence, the outcome of your case is going to have a big impact on your future. If you end up getting convicted, you may have to spend time in jail and you will definitely have to spend time without a driver’s license. There are fines to pay, and your car insurance is going to be much more expensive for the foreseeable future. With such serious consequences, you need to do everything you can to avoid making mistakes that increase the chances of conviction.

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2015-10-05 12:50:42 http://www.mydui.attorney/blog/avoiding-dui-mistakes/
BAC Tests and Implied Consent http://www.mydui.attorney/blog/bac-tests-and-implied-consent/ In the state of Florida, a law enforcement officer may stop your vehicle if you commit a moving violation or if the officer believes that you are driving under the influence of alcohol. Once an officer has pulled you over, you may be asked to submit to a test of your blood alcohol content (BAC). If you are asked to do this and you refuse, you could be charged with a crime. The reason that you’d face criminal charges is because of Florida’s implied consent laws. 

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2015-09-21 11:14:01 http://www.mydui.attorney/blog/bac-tests-and-implied-consent/
The Problems With Expert Witnesses in Your Drunk Driving Case http://www.mydui.attorney/blog/the-problems-with-expert-witnesses-in-your-drunk-driving-case/ Breath tests and blood tests are often key evidence in a drunk driving case. Prosecutors use chemical tests to prove that you were over the legal limit of .08. Unfortunately, this means that if the lab testing is not accurate, you could end up being falsely accused and even falsely convicted. 

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2015-09-07 12:05:02 http://www.mydui.attorney/blog/the-problems-with-expert-witnesses-in-your-drunk-driving-case/
Mistakes in BAC Testing http://www.mydui.attorney/blog/mistakes-in-bac-testing/ A motorist pulled over on suspicion of impaired driving is subject to a test of his blood alcohol concentration (BAC). Implied consent laws require motorists to submit to testing of the alcohol levels in their body if law enforcement has reasonable cause to suspect intoxication. A BAC over the legal limit of .08 is typically used as evidence in criminal drunk driving prosecutions to prove the defendant is in violation of the law. 

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2015-08-28 13:52:41 http://www.mydui.attorney/blog/mistakes-in-bac-testing/
Ignition Interlock Devices and Your Drunk Driving Case http://www.mydui.attorney/blog/ignition-interlock-devices-and-your-drunk-driving-case/ In Georgia, an ignition interlock device must be installed after a conviction for a second drunk driving offense within five years of a prior conviction. Section 42-8-111 of the Georgia Code mandates the use of an ignition interlock device for a period of at least six-months. If you are convicted of a second DUI, you must install and maintain this device in each motor vehicle registered in your name and you are not permitted to drive any vehicle that does not have an IID installed. 

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2015-08-14 17:38:19 http://www.mydui.attorney/blog/ignition-interlock-devices-and-your-drunk-driving-case/
Felony Drunk Driving http://www.mydui.attorney/blog/felony-drunk-driving/ Driving under the influence of drugs or alcohol is illegal in the state of Florida. You will be charged with a crime if your blood alcohol concentration (BAC) is over the legal limit or if law enforcement officers believe you are too impaired by drugs or alcohol to operate your vehicle safely.  

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2015-07-20 12:29:54 http://www.mydui.attorney/blog/felony-drunk-driving/
Is DUI Blood Testing Without a Warrant Legal? http://www.mydui.attorney/blog/is-dui-blood-testing-without-a-warrant-legal/ If you are accused of drunk driving, the prosecutor has the burden of proving you were impaired. Usually, the prosecutor does this by showing you were over the legal limit.  Blood or breathalyzer tests can demonstrate the level of alcohol in your system. A blood test can also prove whether you have drugs in your body. It is also important to note that you can be convicted of impaired driving even if your BAC is under the limit if the prosecutor can prove you were on drugs or alcohol when you were operating the vehicle.

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2015-07-06 09:46:13 http://www.mydui.attorney/blog/is-dui-blood-testing-without-a-warrant-legal/