Tag: DUI

Understanding DUI and the Breath Test in Florida

May 12, 2023

When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in Florida At Law Office of John […]

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Understanding DUI and Blood Test in Florida

May 12, 2023

WHAT ARE DUI BLOOD TESTS? At Law office of John P Rutkowski, our DUI defense attorney in Sarasota, Charlotte and Lee Counties wants to ensure you, as our client, are informed and understand both your rights and the consequences that flow from missteps taken when encountering the police during a DUI investigation. Contact us today […]

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DUI Breath Testing Implied Consent Warning

Oct 12, 2022

Driver challenged improperly read IMPLIED CONSENT WARNING asserting the officer’s time of arrest and the reading of implied consent were wrong. The appeals court found that despite the discrepancies in documents regarding the times of arrest and of reading of the implied consent warning, there was sufficient competent substantial evidence in the narrative portion of […]

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May 09, 2021

316.1939 Refusal to submit to testing; penalties: Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.193, and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, […]

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Field Sobriety Test Officer is not an Expert as to Field Test

Nov 16, 2020

Expert testimony regarding administration or reliability of field sobriety exercises is precluded — Officer’s testimony regarding his training and experience with regard to exercises goes to credibility and weight of evidence regarding his observations and does not make him expert witness subject to cross-examination under section 90.706. 90.706 States: 90.706 Authoritativeness of literature for use in […]

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Nov 01, 2020

FLORIDA DUI SANCTIONS: FIRST TIME DUI JAIL TIME. Maximum of 6 months in jail. If the driver’s blood/breath alcohol (BAC) was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months. Probation 6 to 12 months. Fines $500 to $1000.  If the blood alcohol level was .15 […]

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