LibGuides: DUI's in Florida by Stephanie Stich: Law Review Articles

Some Call for Harsher Treatment of DUI's

13 U. Fla. J.L. & Pub. Pol'y 299

University of Florida Journal of Law and Public Policy

Spring, 2002

Article

A DRUG BY ANY OTHER NAME IS STILL A DRUG: WHY THE FLORIDA JUDICIARY SHOULD START TREATING DUI AS ANY OTHER DRUG OFFENSE

"In the summer of 2000, through close personal experience with an alcoholic family member brought into the open through a charge of DUI, I became very aware of alcoholism's impact on a person and the insufficiency of our current legal system in addressing the underlying issue of addiction to alcohol. … Under the current system, participation in the DUI Program is almost universally required as a condition of probation for DUI offenders or a requirement for a driver's license to be reissued. … Not only does this hold the treatment providers responsible for doing their jobs (it would be embarrassing for a treatment counselor if she were not prepared in front of the judge at such a staffing), but also it gives more authority to the treatment provider because the client knows the treatment provider will be reporting to the judge. … For instance, whereas a current Drug Court judge may not give any jail time to an illicit drug offender who tests positive, the same Drug Court judge may have to give jail sanctions to a DUI offender who tests positive for alcohol. … Therefore, requiring that a defendant also participate in a DUI/Drug Court Program as a special condition of probation is changing the current system only minimally. … As part of the framework, this Article has suggested that mandating participation in DUI/Drug Court as a special condition of probation could seamlessly integrate DUI Courts into the current judicial system without upsetting the standard system as it now operates." For the full article, see LexisAdvance.

DUI Defense Strategies

2012 WL 1667609

Aspatore

*1 June, 2012

NAVIGATING DUI DRUG CASES

LEADING LAWYERS ON UNDERSTANDING RECENT TRENDS IN DUIDS AND DEVELOPING EFFECTIVE DEFENSE STRATEGIES

PRACTICAL ADVICE FOR THE EFFECTIVE DEFENSE OF DUI DRUG CASES

Richard S. Lawsona1

Partner

The Law Offices of Richard S. Lawson

"Introduction: An Overview of DUI and Drugs

I have been practicing DUI law for nearly twenty years. During the past two years, there have been more DUI drug arrests than I experienced during my early career. I believe an increasing percentage of our population is medicated at any given time. Part of this is due to the aging of our population and the health needs and management that are associated with being older. Another factor is the great frequency with which people take daily medications for conditions such as depression, anxiety, ADHD, and insomnia. The more people who are medicated, the bigger the potential pool of people susceptible to a DUI drug arrest.

Another reason for the increase in the frequency of arrests for drug DUI has to do with the decline in alcohol-related DUI arrests. In my opinion, it seems that in recent years DUI enforcement measures and anti-drinking and driving campaigns have reduced the number of alcohol DUI drivers. Municipalities and law enforcement agencies tend to look at numbers and do not want the number of arrests to go down. While there is a shrinking pool of potential alcohol DUI drivers and a growing pool of medicated DUI drivers, it just makes sense that the number of DUI drug arrests and charges would increase.

Finally, DUI is one of the most political crimes that people are faced with nationwide. While most first-time DUI cases are misdemeanors, few felonies have the same kind of stigma and punishments associated with a DUI offense. Judges, sheriffs, and prosecutors are elected officials who are under a great deal of pressure from groups like Mothers Against Drunk Driving to ensure DUI cases are actively enforced."

See the full article for more information.

DUI Defense Strategies in Florida

2012 WL 3278694

Aspatore

*1 September, 2012

STRATEGIES FOR DEFENDING DUI CASES IN FLORIDA

LEADING LAWYERS EXAMINE THE SUBJECTIVE NATURE OF DUI ALLEGATIONS AND PROVIDE EXPERT INSIGHTS ON ACHIEVING SUCCESSFUL OUTCOMES

LEVELING THE PLAYING FIELD: DEFENDING FLORIDA DUI CASES

Matthew J. Olszewskia1

Managing Partner

FL DUI Group

"Introduction

DUI cases are unlike almost every other case in the criminal justice system. Unlike a drug possession case or a grand theft auto case, DUI cases are often purely subjective and based not on objective facts, but on the opinions of the arresting officer. This can make DUI cases extremely difficult to defend. This chapter will walk you through the entire process of defending a DUI case and point out how to turn the daunting task of defending against opinion into the biggest advantage DUI defense attorneys have."

For more information, see the full article.

Florida DUI Defense - Know Your Motions

2012 WL 3278693

Aspatore

*1 September, 2012

STRATEGIES FOR DEFENDING DUI CASES IN FLORIDA

LEADING LAWYERS EXAMINE THE SUBJECTIVE NATURE OF DUI ALLEGATIONS AND PROVIDE EXPERT INSIGHTS ON ACHIEVING SUCCESSFUL OUTCOMES

A KEY FACTOR IN FLORIDA DUI DEFENSE: KNOW YOUR MOTIONS

Andrew Parksa1

Partner

Parks & Braxton PA

"Introduction

The following chapter is a hodgepodge of DUI issues that our office deals with on a daily basis. Since the first question my clients most often ask concerns their driver's license, the chapter begins with an overview of the administrative process (formal review hearings), including a brief discussion of the most recent case law. This new case out of the Florida Supreme Court explains how the DUI practitioner has at least a fighting chance at the formal review hearing. Next, since the majority of people who read this book are not employed by the Public Defender's Office, the chapter addresses the effect that the economy has clearly had on the DUI practitioner. For those attorneys who have yet to decide if they want to make a career out of defending drunk driving cases, it is probably important to gain some perspective on the decrease in the volume of DUI arrests.

Next, there is a discussion about how to deal with a driving under the influence charge that involves drugs rather than alcohol. It specifically addresses the possibility of excluding a urine sample, and includes a list of case law to support the argument. It also briefly addresses how the type of controlled or chemical substance can affect a lawyer's strategy at trial. Perhaps the most useful portion of the chapter deals with motions to suppress and the case law to support each of them. It is not a comprehensive list of motions, but rather the ones my partners and I file most often."

For more information, see the full article.