Kansas Supreme Court Rules DUI Tests Unconstitutional

U.S. Supreme Court will consider similar cases, but will the Kansas decision affect Florida? Isn’t a person who is suspected of drunk driving entitled to the same rights related to police searches as anyone else? In many states, the answer is NO. Ordinarily, the police need a warrant in order to conduct a search, but…
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Consequences of a Second Refusal to Submit to Testing after a Florida DUI Arrest

Florida’s implied consent statute creates a legal fiction that anyone who obtains a Florida driver’s license or drives on the roads of this state will “consents” to a lawfully requested blood, breath, or urine test when an officer has probable cause of DUI. Despite this legal fiction, when a person is actually arrested for DUI,…
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DUI Checkpoints: Still Legal and Still Controversial 25 Years Later

With the holidays fast approaching, it is the time of year to celebrate. Thanksgiving, Christmas, and New Year’s are usually happy times when people re-connect with family and friends. While traveling the highways and byways to and from their celebratory activities, drivers in West Palm Beach and Palm Beach County may encounter a sobriety checkpoint…
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PROPOSED DUI LEGISLATION-HB-299: VOTE NO!

In an society of social networking, media events, marketing opportunities, social media events and events which are purposely structured to occur at night and occur with cocktails and food, it is natural and obvious that professionals and the like will attend these events, have something to drink and ultimately possibly operate a motor vehicle. It…
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