DUI Category Archives — Clearwater Criminal Lawyer Blog Published by Florida Defense Lawyer — Hanlon Law

Florida Court Examines Evidence Sufficient to Support a DUI Conviction

Hanlon Law, PA — Fri, 06 Feb 2026 20:08:53 +0000

Driving under the influence cases frequently turn on factual nuances and evidentiary sufficiency, especially when defendants challenge whether the State proved impairment beyond a reasonable doubt. In a recent Florida decision, the court addressed whether eyewitness testimony and officer observations were sufficient to sustain a conviction involving a nontraditional vehicle and a disputed timeline. If you are facing DUI charges in Florida, you should take these matters seriously and seek guidance from an experienced Clearwater criminal defense attorney to protect your rights and build a strategic defense.

Facts and Procedural History

Allegedly, the defendant was arrested in October 2023 after operating a golf cart while under the influence of alcohol and causing damage to another vehicle. The State initially charged the defendant with DUI involving property damage, and the case proceeded to a jury trial in early 2024. During the trial, a witness referenced a written estimate for vehicle damage that had not been disclosed in discovery, prompting the defendant to object and request a hearing.

It is reported that the trial court found a discovery violation and, at the defendant’s request, struck the witness’s testimony and reduced the charge to a standard DUI offense without the property damage component. The State then presented testimony from multiple eyewitnesses who observed the defendant exiting a bar in an impaired state, struggling with balance and speech, and entering the golf cart despite attempts by bystanders to intervene. Law enforcement officers also testified that the defendant exhibited signs of impairment, refused field sobriety testing, and was arrested based on their observations.

Reportedly, after the State rested, the defendant moved for a judgment of acquittal, arguing that the evidence was insufficient and that the State failed to prove the offense occurred on the date alleged in the charging document. The trial court denied the motion and later denied a renewed motion. The jury ultimately found the defendant guilty of DUI, and the defendant later pursued a belated appeal challenging the sufficiency of the evidence and certain trial errors.

Evidence Sufficient to Support a DUI Conviction

On appeal, the court applied a de novo standard of review to the denial of the motion for judgment of acquittal, evaluating whether the evidence, viewed in the light most favorable to the State, could support a conviction beyond a reasonable doubt. Under Florida law, a defendant commits DUI by operating or being in actual physical control of a vehicle while impaired by alcohol to the extent that normal faculties are affected.

The court emphasized that appellate review does not reweigh evidence or reassess witness credibility. Instead, it determines whether a rational jury could have reached the verdict based on competent, substantial evidence. Here, the consistent testimony of multiple eyewitnesses and responding officers established that the defendant exhibited classic signs of impairment, including slurred speech, loss of balance, and the odor of alcohol. The court found that this testimony provided a sufficient evidentiary basis for the jury’s conclusion that the defendant was in actual physical control of the golf cart while impaired.

The defendant also argued that the State failed to prove the offense occurred on the date specified in the charging document. The court rejected this argument, explaining that the use of the phrase “on or about” allows for reasonable flexibility in proving the timing of the offense. Because the evidence showed the incident occurred within minutes of the alleged date, the discrepancy did not undermine the conviction.

Finally, the court addressed claims of improper statements during the closing argument. Although the trial court sustained objections and issued curative instructions, the defendant failed to move for a mistrial. As a result, the court reviewed the issue only for fundamental error and found none, concluding that the challenged statements did not affect the validity of the trial.

Speak with a Skilled Clearwater DUI Defense Attorney at Hanlon Law

If you or a loved one are facing DUI charges, it is critical to work with an experienced criminal defense attorney who understands how to challenge the State’s case and protect your rights at every stage. The skilled Clearwater DUI defense attorneys of Hanlon Law can assess your case and aid you in seeking the best outcome possible. You can reach us at 727-897-5413 or via our online form to schedule a consultation to discuss your case.

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Court Discusses DUI Manslaughter Sentences

Hanlon Law, PA — Fri, 05 Jul 2024 02:36:09 +0000

Penalties for DUI crimes can range in severity; in cases involving death, DUI convictions can result in life imprisonment. Sentences imposed in DUI cases must reflect the evidence and the jury’s findings, though, and if they exceed the statutory maximums, they can be challenged. As discussed in a recent Florida case, if the State demonstrates a death was the direct result of a DUI offense, a sentence of life imprisonment will likely be upheld. If you are faced with DUI charges, it is advisable to talk to a Clearwater DUI defense lawyer about your possible defenses.

Factual and Procedural Background

It is reported that the defendant was charged with numerous counts of DUI manslaughter. At trial, the court instructed the jury that to convict the defendant of DUI manslaughter, it must find beyond a reasonable doubt that he drove while impaired, resulting in the deaths of the victims. The jury found him guilty, and he was subsequently sentenced to five consecutive terms of life imprisonment for multiple counts of DUI manslaughter.

It is alleged that the defendant appealed, contending that his sentence exceeded the statutory maximum based on factual determinations not made by a jury beyond a reasonable doubt. Specifically, he contested the enhancement of his sentence on the grounds that the jury did not find that his actions directly resulted in the deaths of five victims, arguing that this “direct result” finding required a higher level of causation than his convictions for DUI manslaughter and that the evidence presented at trial did not definitively establish this causal link.

Reportedly, in response, the State asserted that the jury’s guilty verdicts on DUI manslaughter inherently included findings of causation regarding the victims’ deaths. Furthermore, the State argued that distinguishing between causing and contributing to causing the deaths was unnecessary under the circumstances. The defendant filed a habeas corpus petition, raising similar arguments about the jury’s findings and the sentencing procedure. The court denied his petition, and he appealed.

Sentences in DUI Manslaughter Cases

On appeal, the court affirmed the district court’s decision, stating that the jury’s verdicts on DUI manslaughter inherently included findings that the defendant’s actions directly caused the deaths of the victims. Under Florida law, a conviction for DUI manslaughter implicitly satisfies the “direct result” requirement for sentencing enhancements based on victim-injury points. The court emphasized that the statutory framework and jury instructions clearly linked the defendant’s convictions to the necessary factual predicates for sentence enhancement.

Furthermore, the court noted that the defendant’s sentence, though exceeding the statutory maximum for DUI manslaughter alone, was justified under Florida’s Criminal Punishment Code due to the accumulated sentence points, including those attributed to causing the deaths. These points were properly assessed based on the jury’s findings and the statutory elements of DUI manslaughter. Therefore, the court concluded that the district court correctly determined that no violation occurred, as the enhancements were supported by the jury’s implicit findings. Accordingly, the appellate court affirmed the denial of the defendant’s habeas petition.

Talk to a Dedicated Clearwater Criminal Defense Attorney

DUI charges range in severity, and in some instances, conviction for such offenses can result in significant penalties. If you are accused of a DUI crime, it is wise to speak to an attorney about your options. The dedicated Clearwater DUI defense attorneys at Hanlon Law can inform you of your rights and help you seek a favorable outcome. You can reach Hanlon Law through our online form or by calling 727-897-5413 to arrange a meeting.

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Florida Court Reverses DUI Conviction Following Unlawful Arrest

Hanlon Law, PA — Thu, 08 Dec 2022 03:34:34 +0000

Under Florida law, a person can be arrested for and charged with a DUI offense absent evidence of their blood alcohol level. There are nonetheless limitations on when a police officer is permitted to arrest a person for misdemeanor DUI, though, as discussed in a recent Florida ruling in which the court ultimately overturned the defendant’s conviction. If you are charged with a DUI offense, it is in your best interest to speak with a Clearwater DUI defense lawyer about your options for seeking a just outcome.

The Factual and Procedural History of the Case

It is alleged that a police officer was summoned to the scene of an accident by a public safety aid. The officer then arrested the defendant for a misdemeanor DUI based solely on the information provided to him by the public safety officer and his road sobriety investigation. The officer did not conduct an investigation of the accident or observe the defendant operating or exercising actual physical possession over the vehicle involved in the accident.

Reportedly, the defendant pled no contest to the charge but reserved her right to appeal the issue of the lawfulness of her arrest. The state conceded it made an error on the issue of whether the defendant’s arrest was lawful. Thus, the court reversed the defendant’s conviction.

Grounds for Misdemeanor DUI Arrests

In reversing the defendant’s conviction, the court noted that the public safety aide was not a deputized police officer, and therefore, the arresting officer was not permitted to rely on his investigation or observations in order to establish probable cause. As such, the court found that the record did not support the lawfulness of the defendant’s arrest.

The court went on to explain that there are only three circumstances under which the defendant can arrest a person for DUI: when the officer observes each element of a prima facie case when an officer is investigating an accident and develops probable cause to charge a person with DUI, and when one officer asks another for assistance and the combined observations of both officers are joined to establish the probable cause for the arrest.

In the subject case, the arresting officer did not observe each element of the DUI offense, nor did he conduct his own investigation of the accident, and he could not rely on the information from the public safety aid because he was not a deputized officer. As such, the court reversed the defendant’s conviction.

Talk to a Trusted Clearwater Attorney

A conviction for a DUI crime can impair a person’s rights and reputation, but if the prosecution cannot establish that a DUI arrest was lawful, it should not be able to establish guilt. If you are accused of a DUI offense, it is wise to talk to an attorney as soon as possible. The trusted Clearwater DUI crime defense attorneys of Hanlon Law can inform you of your rights and help you to pursue the best legal result possible under the facts of your case. You can reach Hanlon Law through the online form or by calling 727-897-5413 to set up a conference.

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Florida Court Discusses Admissibility of Breathalyzer Test Results

Hanlon Law, PA — Tue, 06 Sep 2022 21:51:09 +0000

The majority of DUI arrests arise out of traffic stops. While the police are permitted to stop motorists they suspect are driving while intoxicated and ask them to submit to breathalyzer tests, there are limits to their authority. For example, as explained in a recent Florida case, if they instigate traffic stops outside of their jurisdiction, any evidence garnered during the stop may be inadmissible. If the state accused you of committing a DUI crime, it is wise to talk to a Clearwater DUI defense lawyer about your potential defenses.

The Defendant’s Arrest

It is reported that an officer stopped the defendant due to suspicion of drunk driving. During the stop, the defendant admitted to consuming alcohol, had glassy eyes, and smelled of alcohol. He submitted to field sobriety tests, after which he was arrested for DUI. He was transported to a police station in another town, where he was administered a breath test. The results of the breath test showed that his blood alcohol level was over twice the legal limit.

Allegedly, the state formally charged the defendant with DUI. He filed a motion in which he asked the court to suppress the results of the breath test on the basis that the arresting officer was outside the city limits of his jurisdiction at the time he asked the defendant to submit to the breath test. The trial court granted the defendant’s motion, suppressing the breath test results. The state appealed.

Admissibility of Breathalyzer Tests Administered Outside of an Officer’s Jurisdiction

The trial court ruling was reversed. The court explained that, as a general rule, police officers can only exercise their law enforcement powers when they are within the territorial limits of their municipality. As such, the narrow issue before the court in the subject case was whether the arresting officer had the authority to request the defendant to submit to a breath test as part of an ongoing investigation if the request arose after the officer left his jurisdiction.

The court elaborated that officers, like private citizens, have the authority to make arrests if they observe a person commit a felony or breach the peace, even if they are not in their jurisdiction. It noted, though, that the issue at hand was not whether the officer had the right to arrest the defendant but whether he used the color of his office to obtain evidence that a private individual could not have obtained.

Under the color of law doctrine, an officer outside of their jurisdiction cannot use the power of their office to gain access to evidence or observe unlawful activity unless their investigation begins within their city limits. In the subject case, the court ultimately held that the ongoing investigation exception to the color of office doctrine applied. Thus, it reversed the trial court ruling.

Meet with an Assertive Clearwater Attorney

The prosecution often relies on breathalyzer test results to obtain DUI convictions, but if a test was conducted improperly, the results should not be admissible. If you are charged with a DUI offense, it is smart to meet with an attorney to discuss your rights. The assertive Clearwater criminal defense attorneys of Hanlon Law can examine the facts of your case and formulate arguments designed to help you seek a successful outcome. You can contact Hanlon Law through the online form or by calling 727-897-5413 to set up a meeting.

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Florida Court Discusses Certiorari Relief in Criminal Cases

Hanlon Law, PA — Wed, 13 Apr 2022 18:57:27 +0000

DUI crimes carry significant penalties compared to other violations of traffic laws, and a DUI conviction can irreparably harm a person’s driving privileges and career prospects. Some people accused of DUI offenses are eligible to enter into pretrial intervention programs, which essentially divert their cases away from the criminal justice system, allowing them to avoid convictions. If a DUI defendant’s request to enter into a pretrial intervention program is unjustly denied, they may be able to seek certiorari relief. Recently, a Florida court discussed when certiorari relief is available in a case in which it ultimately granted the defendant’s petition for such relief. If you are accused of committing a DUI offense, it is prudent to contact a knowledgeable Clearwater DUI defense lawyer to evaluate your possible defenses.

The Facts of the Case

It is alleged that the defendants were four veterans who were charged with DUI offenses. They moved to be accepted into a pretrial veteran’s treatment intervention court program (PVTIP), but their entry was denied. They sought certiorari review, and the court granted their petition and determined they were entitled to a determination by the trial court as to whether they should be admitted into the program. The trial court ultimately ruled that it did not have the authority to compel the state to spend funds to supervise the defendants in the PVTIP program but offered them admittance into the post adjudicatory program. The defendants rejected the offer and sought a writ of certiorari to quash the order denying them entry into PVTIP.

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Florida Court Discusses Evidence of DUI Sufficient to Obtain a Warrant

Hanlon Law, PA — Thu, 30 Dec 2021 15:36:19 +0000

In many cases, a person is charged with a DUI offense in Florida because they were pulled over while driving under the influence of alcohol or drugs. If a person is suspected of causing a collision while inebriated but the police have no proof that the individual drove the car involved in the crash, a warrant may be issued to acquire evidence such as blood samples. A Florida court recently released a ruling in a DUI case, reversing an order suppressing evidence gathered through several search warrants and explaining the probable cause the State must show to get a warrant. If you’ve been charged with a DUI, it’s a good idea to talk to a seasoned Florida defense lawyer about your alternatives.

The Accident and the Investigation That Followed

According to reports, at around 2:30 a.m., a deadly collision occurred at an intersection in Orange County. One vehicle’s passenger and driver both perished as a result of their injuries. The defendant, who was in the driver’s seat at the time of the accident, was the owner of the second car involved in the collision. He had seat belt burns over his chest, and the defendant’s passenger said that he was inebriated and had consumed too much alcohol to drive.

Allegedly, the defendant was taken to the hospital, where he refused to give a blood sample. A warrant was acquired by the officer investigating the accident, allowing him to seize a sample of the defendant’s blood. A second warrant was issued a few days later to allow the office to seize evidence from the defendant’s vehicle, and a third warrant was issued a month later to seize a DNA sample from the defendant to see if it matched DNA from the automobile. The defendant filed a petition to suppress the evidence collected through the warrants, claiming that the police did not have probable cause to obtain them. The application was granted by the trial court, and the State appealed.

Providing Evidence of Probable Cause for Issuing a Warrant

In Florida, an affidavit supporting a warrant must prove probable cause for the warrant’s issuance by demonstrating that a specific person committed a crime and that evidence relevant to the probable crime is likely to be in the searched location. Probable cause does not necessitate prima facie proof of criminal activity; rather, it must be demonstrated that criminal behavior happened.

When a magistrate receives an affidavit in support of a warrant request, they must judge it on its four corners. In other words, they cannot rely on evidence other than the affidavit to determine whether there is reasonable cause. It must determine whether there is a reasonable possibility that evidence of a crime will be discovered if the warrant is granted based on the affidavit. Unless there is a blatant abuse of discretion, a finding of probable cause and issuance of a warrant should not be overturned. When the trial court allowed the defendant’s request, it failed to give the magistrate the deference that was due. As a result, the trial court’s decision was overturned.

Speak with a Reputable Clearwater Criminal Defense Attorney

DUI convictions can jeopardize your freedom while also affecting your relationships, reputation, and employment. If you’ve been charged with DUI offense you should speak with an attorney to discuss your rights. The experienced Clearwater criminal defense attorneys of Hanlon Law are well versed in what it takes to achieve successful results in criminal cases, and if you hire us, we will advocate aggressively on your behalf. You can contact Hanlon Law via the online form or by calling 727-897-5413 to set up a conference.

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Florida Court Discusses Motions for Disqualification in Criminal Matters

Hanlon Law, PA — Thu, 07 Jan 2021 23:23:49 +0000

A person charged with a crime has the right to a fair and impartial trial. This means, among other things, that if a judge demonstrates bias or evidence suggests that the judge is otherwise unable to rule in an objective manner, the defendant can file a motion for recusal. In a recent Florida ruling, a court discussed the grounds for granting a motion for disqualification in a matter in which the defendants were charged with DUI offenses. If you are accused of driving while intoxicated, it is in your best interest to speak to a skilled Clearwater criminal defense attorney regarding your rights.

The Facts of the Case

It is reported that defendants were each charged with DUI crimes, and their cases proceeded before a county judge. Due to the fact that the judge had ex parte communications with the State Attorney’s office regarding another matter in which a defendant was charged with DUI, they each filed motions for disqualification. Their motions were denied, after which they filed writs of prohibition, which were denied as well. They then sought certiorari review of the order denying their petitions.

Grounds for Granting a Motion for Disqualification

The appellate court explained that its review was limited to determining whether the trial court granted the defendants procedural due process and applied the appropriate law. In other words, whether it adhered to the essential requirements of law. As such, a district court should only grant certiorari relief when the lower court failed to uphold a clearly established tenet of law, resulting in a miscarriage of justice.

In the subject case, the defendants did not argue that they were not afforded due process; rather, they argued that the circuit court failed to apply the correct law. The court disagreed. Instead, the court noted that the email that was the basis of the defendant’s motion for disqualification merely stated the judge’s interpretation of a DUI statute and was not adequate to demonstrate prejudice or form the basis of a reasonable fear of bias. The circuit court found that such comments did not meet the threshold necessary to grant a disqualification because they were legally inadequate to create a fear that the defendants would not receive a fair trial, that could be perceived as objectively reasonable.

The court noted that the dissenting opinion in the circuit court found in favor of the defendants, but as the email in question could have been interpreted in numerous ways, the court could not state that, as a matter of law, the circuit court ruled incorrectly. Thus, the circuit court ruling was affirmed.

Speak to a Proficient Clearwater Criminal Defense Attorney

A DUI conviction can dramatically impact a person’s liberties and reputation, and it is critical that people charged with DUI crimes receive an impartial trial. If you are charged with a DUI offense, it is advisable to speak to a lawyer regarding your rights. Attorney William Hanlon of Hanlon Law is a proficient DUI defense attorney with the skills and resources needed to help you seek the best outcome available under the facts of your case. You can reach Mr. Hanlon through the online form or by calling 727-897-5413 to set up a conference.

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DUI Manslaughter Case Heard by Florida Court

Hanlon Law, PA — Mon, 17 Sep 2018 14:45:46 +0000

If you are charged with DUI in Florida, you may be facing serious consequences depending on your blood alcohol content, whether you have had previous DUIs, and a number of other factors. However, if you are driving while intoxicated and cause the death or serious injury of another person you may face an even harsher sentence. That’s why it is so important to work with an experienced Clearwater criminal defense attorney if you are charges with DUI manslaughter or another crime.

DUI Manslaughter

If you are convicted of DUI manslaughter in Florida you will be required to spend a certain amount of time in jail. The Florida Criminal Code classifies DUI manslaughter as a crime with a mandatory minimum sentence. That means that there is a certain amount of time that everyone convicted of DUI manslaughter must spend in jail and the judge does not have the discretion to lower that sentence (though they can order more time be served). In Florida, the mandatory minimum sentence is four years for DUI manslaughter.

Though the mandatory minimum sentence is four years, those convicted of DUI manslaughter in Florida can get up to fifteen years in prison and fifteen years of probation. However, the presumptive amount of jail time for a DUI manslaughter conviction is a little over ten years in prison. Those convicted of DUI manslaughter may also have to pay up to $10,000 in fines, have their vehicle impounded, and have their driver’s license revoked permanently.

Florida Appeals Case

In a case heard by the Florida First District Court of Appeal, a man was charged with DUI manslaughter and DUI with seriously bodily injury. The facts are as follows: after about 14 beers the defendant was allegedly driving the wrong way on the intersection. He crashed with another car head on and then that car was hit by another car. The driver that the defendant collided with head on was killed and the other driver was seriously injured.

The defendant agreed to enter a guilty plea and he was sentenced to 13.25 years in jail and 6.75 years of probation. After serving about four years of his sentence, the defendant appealed on the grounds of ineffective assistance of counsel. He alleged that his attorney was faulty because he did not hire an accident reconstruction accident. However, the defendant’s attorney did have a reconstruction specialist look into the accident but decided against using the expert at trial.

The defendant argued that someone who specialized in accident reconstruction could find alternate theories of the accident that were not due to defendant’s drinking. In fact, one expert that the defendant hired in preparation for this appeal found that there was inadequate signage which could mislead drivers into going the wrong way on the highway. However, the appeals court held that the actions of the attorney did not rise to the level of deficiency to constitute ineffective assistance and, thus, the defendant’s conviction and penalty was affirmed.

Contact an Experienced Clearwater Criminal Defense Attorney Today

If you are charged with DUI manslaughter or another serious crime, you should contact Hanlon Law Firm as soon as possible. Our experienced Clearwater criminal defense attorneys can be called at (727) 897-5413 or contacted online via the website. Contact us today for your free consultation.

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DUI, Reckless Driving, and Double Jeopardy in Florida

Hanlon Law, PA — Wed, 25 Apr 2018 18:48:25 +0000

The rule against double jeopardy generally bans judges from convicting a person multiple times for the same crime. A recent case out of Florida’s Fourth District Court of Appeals provides some interesting insight into how the double jeopardy protection applies in Florida DUI and reckless driving cases. That includes cases in which the person charged with the crimes was involved in a car accident. As the court explains, a driver can be convicted of both DUI and reckless driving, but he or she can’t be convicted of multiple counts of DUI or reckless driving if the crash involves only one victim.A defendant was charged with several crimes related to his involvement in a car accident that left one person severely injured, according to the court. He pleaded guilty to five offenses, including DUI with serious bodily injury, DUI with property damage, reckless driving with serious bodily injury, and reckless driving with property damage. At a later sentencing hearing, the trial judge rejected his argument that he couldn’t be convicted separately on the various charges because of double jeopardy protections. The judge sentenced him to an unidentified period of time in jail, followed by probation.

On appeal, the Fourth District agreed with the defendant that the trial judge violated the double jeopardy rule. The court began by explaining that multiple DUI convictions can stem from the same accident when there are multiple victims injured in the crash. But the court added that “there can be but one conviction for each victim, regardless of whether that victim sustains property damage, serious bodily injury, or both.” That’s because both charges are essentially varying degrees of the same offense. In other words, the court said the defendant could not be charged with both DUI with serious bodily injury and DUI with property damage when the same person is the victim of both the injury and the property damage.

The court also said “the same logic applies to the statutory construction of reckless driving.” The defendant could not be charged with both reckless driving with serious bodily injury and reckless driving with property damage.

Still, the court said the judge could convict and sentence the defendant for both DUI and reckless driving, even though both crimes stemmed from the same accident and involved the same victim. “There is no constitutional prohibition against multiple punishments for different offenses arising out of the same criminal transaction as long as the Legislature intends to authorize separate punishments,” the court explained. In this case, the court said state lawmakers made clear that they intended for DUI and reckless driving to be treated as separate crimes.

If you or a loved one has been charged with DUI or another crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater DUI attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of crimes. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

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The post DUI, Reckless Driving, and Double Jeopardy in Florida appeared first on Clearwater Criminal Lawyer Blog.

Court Says Florida Cops Can Draw Blood from DUI Suspect

Hanlon Law, PA — Fri, 26 Jan 2018 17:22:18 +0000

Blood alcohol tests are often a key part of Florida DUI cases. Although police officers generally have to get a warrant or your consent to submit to such a test, there are a number of exceptions to that rule. The state’s Fourth District Court of Appeal recently explained one of those exceptions.A defendant was charged with DUI manslaughter with failure to render aid and vehicular homicide with failure to render aid, stemming from a late-night car accident near West Palm Beach. The other driver involved in the crash died after his vehicle ended up in a nearby canal. The defendant, who the court said left the scene of the crash on foot and called 911 nearly an hour after the crash, argued that a problem with the throttle on his car had caused the collision. He also asked a court to throw out the results of a blood alcohol test taken after the crash, which showed that he had a blood alcohol content of more than 0.17 percent. A toxicologist estimated based on that test – which happened hours after the accident – that his BAC was as high as 0.23 percent at the time of the collision. That’s nearly three times the legal limit.

A deputy picked the defendant up and took him to the crash scene after he called 911. He told the police officer that he’d stopped a stop sign and hit something – he wasn’t aware what – after proceeding into an intersection. He said he then went home to call the police. The officer said he smelled of alcohol, and his speech was slurred. Although he refused a blood alcohol test when he was taken to the hospital, his blood was drawn and tested anyway. A trial judge later rejected his request to exclude the blood test evidence. Although the cops didn’t have a warrant at the time, the judge said the test was justified by “exigent circumstances.”

The Fourth District affirmed the decision on appeal. It first explained that blood tests are considered “searches” for the purposes of the U.S. Constitution’s protections against unreasonable searches and seizures. Such searches typically require police to obtain a warrant before they perform the search and seize property. There are a number of exceptions to this general rule, the court explained, including “when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment.” The court pointed to previous U.S. Supreme Court decisions finding that exigent circumstances may exist when the destruction of evidence is imminent.

In this case, the court said the warrantless blood test was permissible because of how quickly alcohol dissipates in the blood stream. In other words, it likely would have taken the cops too long to get a warrant to still get an accurate reading of the defendant’s blood alcohol content at the time of the crash. Although that natural process alone may not be enough to justify a warrantless test in every DUI case, the court said this case was not routine because it involved a fatal accident.

As a result, the court affirmed the conviction.

If you or a loved one has been charged with DUI or another crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater DUI attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

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