Z Law Firm

Unlike most criminal cases, DUI cases seem to affect the broadest demographic of clients.   According to the Centers for Disease Control and Prevention (CDC), in 2014, over 1.1 million Americans were arrested for DUI.   If you have been arrested for DUI, there are some things that you need to know. In the State of Florida, an arrest for a DUI will not only result in a criminal charge, it will also result in an Administrative Suspension of your driving privileges through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) if you refused to provide and blood, breath, or urine sample, or if you provided a breath test in excess of the legal limit. As frightening as the prospect of having to appear before a Judge to answer to the DUI charge might be, your first concern should be in regards to your driving privileges.   You only have 10-days from the date of your arrest to either apply for a hardship license or to file an Application for a Formal Review Hearing.  

On December 11, 2015, an Orlando man was arrested for a felony charge of Possession of Methamphetamine .   The resulted from a traffic stop as the Orlando man was exiting an Orlando area 7-11.   Orlando police officers claimed that they had stopped the man’s vehicle for failing to come to complete stop as he was exiting the convenience store parking lot. According to the arrest affidavit, Orlando Police Officer Shelby Riggs-Hopkins wrote that she “observed in plain view a rock like substance on the floor board where his feet were.”   When questioned about what was found, the man advised that what she was looking at was sugar from a Krispy Kreme donut.   This eleven-year veteran of the Orlando Police Department retrieved the observed substance and conducted a field test.   The substance produced a positive result for amphetamines.   When questioned further about the substance, the 64-year old man advised Officer Riggs-Hopkins that the substance was sugar. Rather than conduc

DUI laws in the State of Florida and across the country were shaken upon following the United State’s Supreme Court’s ruling in Birchfield v. North Dakota .   The issue that was presented was whether in the absence of a warrant, may a state statute criminalize an individual’s refusal to submit to a blood alcohol test. In the State of Florida, refusal to submit to a breath, urine or blood test can be considered a criminal misdemeanor according to Florida Statute §316.1939.   Pursuant to section 316.1939: 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. 316.1932 , and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and: (a) Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages