In Florida it is unlawful to drive or be in actual physical control of a motor vehicle if your blood alcohol is above .08. Below is a calculator which is designed to predict your blood alcohol level at the time of driving.  The calculator is based upon a theory called Widmark’s Formula, which is used in the defense of DUI cases to argue the possibility of a lower blood alcohol level at the time of driving, and to raise doubts as to the reliability of the breath testing instrument. The factors in making the blood alcohol level determination include the sex and weight of the driver, the typ ..read more

The alcohol chart below estimates blood alcohol levels for each drink.  The red boxes indicate blood alcohol levels above the Florida legal limit of .08. The post DUI Alcohol Chart Per Number of Drinks appeared first on Sarasota Lawyer Jeff Haynes ..read more

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) has initiated a new procedure called the Expedited Review Hearing. This is a new process which eliminates the need for a telephone hearing to issue a business purposes only license, commonly referred to as a BPO. With most Florida DMV offices suffering severe staff shortages, the purpose of this new procedure is to cut down the waiting time a driver will experience in receiving his or her hardship license. The official DMV form used is HSMV 78306. For many years the Florida DMV has used an administrative form which the driver ..read more

The State Attorney’s Office for the Twelfth Judicial Circuit, which prosecutes DUI arrest cases in Sarasota, Manatee and Desoto counties, has initiated a program for persons charged with DUI called the DETER Program.  Acceptance and successful completion  of the DETER Program will avoid a DUI conviction on your Florida driving record.  The DETER Program will result in having the DUI charge amended to reckless driving, which is still a misdemeanor criminal charge. DETER stands for Driver Enhanced Treatment Education Rehabilitation, and ONLY APPLIES TO FIRST OFFENSE MISDEMEANOR CH ..read more

The Florida DMV Eligibility Review Hearing is an administrative hearing for a person charged with a first offense DUI.  By exercising the right to this hearing, the driver will be allowed to continue driving legally.  By having the Eligibility Review Hearing, a person can guarantee the ability to continue driving without interruption, at least while the case is pending in the Florida court system. In Florida when a person is arrested for DUI, there is normally a driver’s license suspension which occurs immediately after the arrest.  If the driver is arrested and has a breathaly ..read more

The Second District Court of Appeals on February 14, 2018 issued an opinion in  Casiano v. State, which effectively ends the use of Nebbia holds in the state courts of Florida.  A Nebbia hold is based upon a United States Supreme Court case of the same name, and has been used over the years to allow a defendant to be held in custody until he or she can establish that the funds used to post the bond are from legitimate sources of income. The Casiano case involved a defendant charged with drug possession who was granted bail at his first appearance, but was held at the prosecution ..read more

Butane hash oil (BHO) possession is clearly a crime in Florida.  The only real question is whether BHO possession is a felony or a misdemeanor crime.  The Florida law which defines controlled substances, 893.03, does not clearly address this issue.  Butane hash oil is not specifically listed under the statute.  As of February 2017, there are no appellate decisions which answer this question.  The best answer after doing my own research is that it is a felony charge. So what exactly is butane hash oil?  Although it can be made with hashish, BHO is most commonl ..read more

As of February 2017, Kratom possession is not a crime in Florida, with the exception of Sarasota County. In January 2014 Sarasota passed a county ordinance, making it illegal to possess kratom, which it considers to be an illegal “designer drug”. Kratom possession in Sarasota County is punishable by up to 60 days in the county jail, and/or a $500 fine.  A mandatory court appearance is also required. Kratom is a tropical tree native to Southeast Asia.  Its leaves are harvested and sold as a powder, extract or resin.  Kratom powder can be consumed by mixing it with water ..read more

There is a potential way of avoiding the sex offender registry, which is commonly referred to as the Florida Romeo & Juliet law.  A person living in Florida who has been convicted of certain sex offenses is required to register with the state as a sex offender, even if the original conviction occurred in another state.  That person’s name appears on the statewide Sex Offender Registry database, and is a public record available by searching the Florida Department of Law Enforcement sexual offenders and predators website.  The person must register with law enforcement in ..read more

In the 1990’s lawmakers in Florida passed legislation to include installation of the “ignition interlock device” on vehicles owned or operated by drivers convicted of certain DUI charges. The ignition interlock device passed by the Florida legislature is similar to those used in 41 other states, as well as the District of Columbia and Canada. This “mini breath test”, about the size of a radar detector, is wired into the ignition system of the vehicle, and is designed to prevent the automobile from starting if the breath test result is .05 or higher. The interlock device currently being used in ..read more