Anyone can be arrested for DUI.  Even Alexander Diaz Golden Beach town manager.  Even though he was only a passenger in the car at the time the police pulled over his driver for suspicion of DUI!  The Miami Beach police department ultimately arrested Diaz because he allegedly tried to get into the driver’s side of the car with keys in hand.

Legally, all that is required to prove the ‘driving’ component of driving under the influence is that a person be in actual physical control of the motor vehicle.  In this case from the CBS 4 article it is unclear whether the police legally can make out actual physical control.  The Criminal Law Group is one of South Florida’s premier DUI defense firms.  DUI law is complex and often times DUI investigations are handled by inexperienced police officers and prosecuted by new prosecutors. Attorney Matthew Sauerwald of the CLG was a traffic homicide prosecutor with the Miami Dade State Attorney’s Office and has handled thousands of DUI’s as a criminal defense attorney and prosecutor.  If you have been arrested for a DUI you need to talk to an experienced attorney from the The Group now.  Call 759-9169 in Broward or Dade.

Florida DUI laws are some of the strictest in the country and can carry serious consequences in the form of jail time and license suspension or revocation. Before you plead guilty to any Florida DUI charges, it’s important to discuss your case with a qualified Florida DUI attorney who can explain your legal rights and options.  (more…)

In order for the State to convict a person of a Florida DUI charge, they must prove certain elements in a court of law. If the State cannot prove what is required of them, they cannot convict a person of a Florida DUI charge. (more…)

Field sobriety tests are questionable aspects of many Florida DUI cases. Field sobriety tests are NOT used to determine a level of intoxication because field sobriety tests are NOT accurate in determining a person’s level of intoxication. Even when these tests are administered in perfect conditions, they are still far below perfect in determining alcohol impairment.  (more…)

Standard field sobriety tests (SFSTs) are not entirely accurate and improper performance can lead to incorrect results, i.e., arrest for intoxication without true impairment. People not under the influence can have considerable problems passing field sobriety tests. (more…)

A successful Florida DUI defense is built in layers with multiple attacks being brought against the DUI charge. It is imperative then, to fully understand what comprises a Florida DUI charge.  (more…)

While it may be a general belief that speeding indicates intoxication and a DUI charge, the NHSTA does not agree. Despite the “appearing to be drunk” factor, Florida police officers cannot randomly stop a vehicle. (more…)

The State of Florida takes Driving under the influence (DUI) very seriously. The law states that a driver with a Blood Alcohol Concentration (BAC) of .08 or above is presumed to be impaired. Therefore, it is vital that a driver charged with a DUI in Florida retain an attorney that will aggressively pursue the multiple defenses that are can be used to attack the DUI charge.  (more…)

• Implied Consent Warnings – Both the driver’s license suspension and the results of the chemical test may be suppressed if the officer did not advise the driver, or gave the warning incorrectly, of the consequences of refusing to take a chemical test;  (more…)