Month: November 2023

DUI News

Arrests in Tampa Bay – By the Numbers

W. F. "Casey" Ebsary Jr

DUI Arrests by the Numbers

Here are the DUI (Driving Under the Influence) arrest numbers for the Tampa Bay area counties based on the provided crime data for the year 2020:

  1. Hillsborough County: 2,808 DUI arrests.
  2. Pasco County: 661 DUI arrests.
  3. Pinellas County: 2,027 DUI arrests.

These figures represent the number of individuals arrested for DUI offenses in each respective county for the specified year.

These figures provide a snapshot of the crime rates in the three Tampa Bay area counties, with Hillsborough having the highest population and Pinellas having the highest number of total arrests.
” a snapshot of the crime rates in the three Tampa Bay area counties, with Hillsborough having the highest population and Pinellas having the highest number of total arrests.”

About the Researcher

If you find yourself among the statistics, facing legal challenges, or in need of guidance in criminal law matters, Casey the Lawyer is here to assist you.

If you’re facing legal challenges, Casey the Lawyer, a board-certified criminal law expert, offers unparalleled expertise. Protect your rights and future—call 813-222-2220 for a dedicated advocate. Your initial consultation is a chance to discuss your situation and chart a path forward. Reach out today for the best possible outcome.

Let us help you 813.222.2220

Let’s compare the crime data for Hillsborough, Pasco, and Pinellas counties in the Tampa Bay area. These figures provide a snapshot of the crime rates in the three Tampa Bay area counties, with Hillsborough having the highest population and Pinellas having the highest number of total arrests. It’s important to note that population size can influence the raw number of crimes, so the arrest rate per 100,000 people provides a standardized measure for comparison. Additionally, specific crime categories may have different levels of severity, and interpretation should consider the context of each crime type.

Other Crimes Top Three by the Numbers

Based on the provided crime data for Hillsborough, Pasco, and Pinellas counties in the Tampa Bay area for the year 2020, the three most frequently arrested crime types were:

  1. Simple Assault:
    • Simple assault had a high number of arrests in all three counties. Hillsborough County had the highest number of simple assault arrests with 5,609, followed by Pinellas County and Pasco County.
  2. Drug Arrests:
    • Drug-related offenses also ranked among the top arrested crime types in all three counties. Hillsborough County had the highest number of drug arrests with 3,028, followed by Pinellas County and Pasco County.
  3. Larceny (Theft):
    • Larceny, which includes theft-related offenses, was one of the most frequently arrested crime types. Hillsborough County had the highest number of larceny arrests with 2,766, followed by Pinellas County and Pasco County.

These crime types were prevalent across the Tampa Bay area, and the number of arrests can be influenced by various factors such as population size, law enforcement practices, and community dynamics. It’s important to note that the severity of these offenses can vary, and the number of arrests may not necessarily reflect the overall crime rate or the number of incidents.

Tampa Bay Arrests by County

DUI:

  • Hillsborough County: 2,808 DUI arrests.
  • Pasco County: 661 DUI arrests.
  • Pinellas County: 2,027 DUI arrests.

Drug Arrests:

  • Hillsborough County: 3,028 drug arrests.
  • Pasco County: 1,555 drug arrests.
  • Pinellas County: 3,462 drug arrests.

Liquor Law Violations:

  • Hillsborough County: 18 liquor law violations.
  • Pasco County: 26 liquor law violations.
  • Pinellas County: 1,227 liquor law violations.

Comparison:

  • DUI: Hillsborough and Pinellas counties have higher DUI arrest numbers compared to Pasco, with Hillsborough having the highest. This could be influenced by factors such as population density, law enforcement practices, and public awareness campaigns.
  • Drug Arrests: Hillsborough and Pinellas counties again have higher numbers than Pasco, with Hillsborough having the highest. This might be associated with factors such as urbanization, demographics, and law enforcement strategies.
  • Liquor Law Violations: Pinellas County has a significantly higher number of liquor law violations compared to Hillsborough and Pasco. This could be influenced by the presence of entertainment districts, tourism, and the number of establishments serving alcohol.

Key Points:

  • Hillsborough tends to have higher numbers in all three categories, which may be expected given its larger population.
  • Pasco, with its smaller population, generally has lower numbers in these categories.
  • Pinellas County, while having a smaller population than Hillsborough, often has higher numbers, particularly in DUI and liquor law violations. This could be influenced by tourism and the presence of popular entertainment areas.

It’s important to note that variations in law enforcement practices, public awareness, and other local factors can contribute to these differences. Additionally, population size should be considered when interpreting raw arrest numbers. The arrest rate per 100,000 population can provide a standardized measure for comparison across counties of different sizes.

Statistical Review of Arrests

Population:

  • Hillsborough County: It has the highest population among the three counties, indicating a larger community.
  • Pasco County: The population is the smallest among the three counties.
  • Pinellas County: It has a sizable population, falling between Hillsborough and Pasco.

Arrest Rate per 100,000:

  • Hillsborough County: The second lowest arrest rate per 100,000, indicating a moderate level of law enforcement activity relative to its population.
  • Pasco County: It has the highest arrest rate per 100,000, suggesting a relatively higher law enforcement activity compared to its population.
  • Pinellas County: It has the second-highest arrest rate per 100,000, indicating a substantial level of law enforcement activity.

Total Arrests:

  • Hillsborough County: Has the highest total number of arrests, possibly due to its larger population.
  • Pasco County: Has the lowest total number of arrests, reflecting its smaller population size.
  • Pinellas County: Falls between Hillsborough and Pasco in total arrests, aligning with its mid-sized population.

Other Major Crimes:

  • Murder, Rape, Robbery, Aggravated Assault, Burglary, Larceny, Motor Vehicle Theft: These numbers are generally higher in Hillsborough County, reflecting its larger population.
  • Manslaughter, Kidnap/Abduction, Arson, Simple Assault: Vary across the counties, with Hillsborough often having the highest numbers.
  • Drug Arrests, DUI, Destruction/Vandalism, Weapons Violations, Liquor Law Violations, Miscellaneous: These figures can vary, and Pinellas County often has the highest numbers in categories like DUI, Destruction/Vandalism, Liquor Law Violations, and Miscellaneous.

Overall Impression:

  • Hillsborough County: The largest population and highest total arrests but a moderate arrest rate per 100,000. It may have a more significant law enforcement presence but not excessively high relative to its population.
  • Pasco County: Smallest population, lowest total arrests, but the highest arrest rate per 100,000. This could suggest a more concentrated law enforcement effort.
  • Pinellas County: Mid-sized population, moderate total arrests, and the second-highest arrest rate per 100,000. It falls between Hillsborough and Pasco in most categories.

It’s crucial to interpret these comparisons with caution. Various factors can influence crime rates, including demographics, socio-economic conditions, law enforcement policies, and reporting practices. These numbers provide a snapshot but do not necessarily capture the full complexity of crime dynamics in each county.

The Numbers Game: Florida Department of Law Enforcement

The source we used for this study is the “Crime in Florida, Annual 2020 Florida Uniform Crime Report,” which is a publication by the Florida Department of Law Enforcement (FDLE). Here is an explanation of the information in the citation:

  1. Florida Department of Law Enforcement (FDLE):
    • The FDLE is a state-level law enforcement agency in Florida, responsible for coordinating and managing law enforcement activities across the state. They collect and maintain crime data for the entire state.
  2. Crime in Florida:
    • This refers to an annual report published by the FDLE that provides comprehensive crime statistics for the state of Florida. The report typically includes data on various types of crimes, arrests, and other law enforcement activities.
  3. Annual 2020 Florida Uniform Crime Report:
    • This specifies the edition of the report, focusing on the year 2020. The Uniform Crime Reporting (UCR) program is a nationwide initiative that collects and publishes standardized crime statistics to provide a reliable measure of crime trends.
  4.  FDLE:
    • Tallahassee is the capital city of Florida, and FDLE is headquartered there. This part of the citation indicates the location of the organization responsible for compiling and publishing the crime report.

Who Counts Crimes?

The Florida Department of Law Enforcement (FDLE) is a statewide law enforcement agency in the U.S. state of Florida. It was established to provide support and coordination to law enforcement agencies and officers across the state. Here are key points about FDLE:

  1. Mission: The FDLE’s mission is to “promote public safety and strengthen domestic security by providing services in partnership with local, state, and federal criminal justice agencies to prevent, investigate, and solve crimes while protecting Florida’s citizens and visitors.”
  2. Roles and Responsibilities:
    • Criminal Investigations: FDLE conducts criminal investigations and assists local law enforcement agencies in solving and preventing crimes.
    • Forensic Services: It provides forensic services, including crime scene analysis, DNA testing, and other scientific analyses to aid investigations.
    • Criminal Justice Information: FDLE manages and maintains criminal justice databases and information systems.
    • Intelligence and Counterterrorism: The agency is involved in intelligence gathering and counterterrorism efforts.
    • Training and Standards: FDLE sets and maintains standards for law enforcement training and certification in the state.
  3. Jurisdiction: While local law enforcement agencies handle day-to-day policing, FDLE’s jurisdiction is statewide. It plays a crucial role in coordinating efforts, especially in cases that cross jurisdictional boundaries.
  4. Headquarters: FDLE is headquartered in Tallahassee, the capital city of Florida.
  5. Leadership: The agency is typically led by a Commissioner, who is appointed by the Governor of Florida.
  6. Uniform Crime Reporting (UCR): As part of its responsibilities, FDLE collects and publishes crime statistics through the Uniform Crime Reporting program, providing valuable data on crime trends in the state.

Overall, FDLE serves as a central coordinating agency for law enforcement activities in Florida, working in collaboration with local, state, and federal partners to ensure public safety and uphold the rule of law.

In summary, the source is an official crime report published by the Florida Department of Law Enforcement, covering the year 2020 and presenting crime statistics for the state of Florida. The citation suggests that the data might be available in a computerized format, reflecting the modern approach to data management and dissemination. It’s a reliable and official source for understanding crime trends in Florida.

 

Who Is Making these arrests?

Hillsborough County

Here is  a list of law enforcement agencies that operate in Hillsborough County, Florida. Keep in mind that this list might not be exhaustive, and there may be other agencies or updates that have occurred since January 2022.

Here are some of the main law enforcement agencies in Hillsborough County:

  1. Hillsborough County Sheriff’s Office (HCSO):
    • The Hillsborough County Sheriff’s Office is the primary law enforcement agency for the unincorporated areas of Hillsborough County.
  2. Tampa Police Department:
    • Responsible for law enforcement within the city limits of Tampa.
  3. Plant City Police Department:
    • Responsible for law enforcement within the city limits of Plant City.
  4. Temple Terrace Police Department:
    • Responsible for law enforcement within the city limits of Temple Terrace.
  5. University of South Florida Police Department:
    • Provides law enforcement services for the University of South Florida campus.
  6. Florida Highway Patrol (FHP):
    • Statewide agency responsible for enforcing traffic laws on Florida’s highways. It also operates in Hillsborough County.
  7. Florida Fish and Wildlife Conservation Commission (FWC):
    • Responsible for enforcing laws related to wildlife and outdoor activities. They may also be involved in law enforcement on waterways and in parks.
  8. Hillsborough Community College Police Department:
    • Provides law enforcement services for Hillsborough Community College campuses.

For the most up-to-date and comprehensive list, I recommend checking the official websites of Hillsborough County, the Hillsborough County Sheriff’s Office, and the individual city police departments. Additionally, you may contact the Florida Department of Law Enforcement (FDLE) for statewide law enforcement information.

Pinellas County

Here is a general list of law enforcement agencies that operate in Pinellas County, Florida. Keep in mind that this list might not be exhaustive, and there may be other agencies or updates that have occurred since  January 2022.

Here are some of the main law enforcement agencies in Pinellas County:

  1. Pinellas County Sheriff’s Office:
    • The Pinellas County Sheriff’s Office is the primary law enforcement agency for the unincorporated areas of Pinellas County.
  2. St. Petersburg Police Department:
    • Responsible for law enforcement within the city limits of St. Petersburg.
  3. Clearwater Police Department:
    • Responsible for law enforcement within the city limits of Clearwater.
  4. Largo Police Department:
    • Responsible for law enforcement within the city limits of Largo.
  5. Pinellas Park Police Department:
    • Responsible for law enforcement within the city limits of Pinellas Park.
  6. Dunedin Police Department:
    • Responsible for law enforcement within the city limits of Dunedin.
  7. Tarpon Springs Police Department:
    • Responsible for law enforcement within the city limits of Tarpon Springs.
  8. Florida Highway Patrol (FHP):
    • Statewide agency responsible for enforcing traffic laws on Florida’s highways. It also operates in Pinellas County.
  9. Florida Fish and Wildlife Conservation Commission (FWC):
    • Responsible for enforcing laws related to wildlife and outdoor activities. They may also be involved in law enforcement on waterways and in parks.

For the most up-to-date and comprehensive list, I recommend checking the official websites of Pinellas County, the Pinellas County Sheriff’s Office, and the individual city police departments. Additionally, you may contact the Florida Department of Law Enforcement (FDLE) for statewide law enforcement information.

Pasco County

Here is a general list of law enforcement agencies that typically operate in Pasco County, Florida. Keep in mind that this list might not be exhaustive, and there may be other agencies or updates that have occurred since my last training data in January 2022.

Here are some of the main law enforcement agencies in Pasco County:

  1. Pasco County Sheriff’s Office:
    • The Pasco County Sheriff’s Office is the primary law enforcement agency for the unincorporated areas of Pasco County.
  2. New Port Richey Police Department:
    • Responsible for law enforcement within the city limits of New Port Richey.
  3. Port Richey Police Department:
    • Responsible for law enforcement within the city limits of Port Richey.
  4. Dade City Police Department:
    • Responsible for law enforcement within the city limits of Dade City.
  5. Zephyrhills Police Department:
    • Responsible for law enforcement within the city limits of Zephyrhills.
  6. Florida Highway Patrol (FHP):
    • Statewide agency responsible for enforcing traffic laws on Florida’s highways. It also operates in Pasco County.
  7. Florida Fish and Wildlife Conservation Commission (FWC):
    • Responsible for enforcing laws related to wildlife and outdoor activities. They may also be involved in law enforcement on waterways and in parks.

For the most up-to-date and comprehensive list, I recommend checking the official websites of Pasco County, the Pasco County Sheriff’s Office, and the individual city police departments. Additionally, you may contact the Florida Department of Law Enforcement (FDLE) for statewide law enforcement information.

Call For Help

If you find yourself among the statistics, facing legal challenges, or in need of guidance in criminal law matters, Casey the Lawyer is here to assist you. As a board-certified expert in criminal law, Casey brings unparalleled expertise to navigate the complexities of your case. Your rights and future matter, and Casey is dedicated to providing the strategic counsel you deserve. Don’t face the legal system alone—call Casey the Lawyer at 813-222-2220 for a knowledgeable and experienced advocate on your side. Your initial consultation is an opportunity to discuss your situation, understand your options, and chart a path forward. Reach out today to protect your rights and secure the best possible outcome.

Let us help you 813.222.2220

Other Sources in this Criminal Arrest Study

Law enforcement agencies in Hillsborough, Pasco, and Pinellas counties, and you can search for their websites separately. Here are the agencies:

Hillsborough County:

  1. Hillsborough County Sheriff’s Office:
  2. Tampa Police Department:
  3. Plant City Police Department:
  4. Temple Terrace Police Department:

Pasco County:

  1. Pasco County Sheriff’s Office:
  2. New Port Richey Police Department:
  3. Port Richey Police Department:
  4. Dade City Police Department:

Pinellas County:

  1. Pinellas County Sheriff’s Office:
  2. St. Petersburg Police Department:
  3. Clearwater Police Department:
  4. Largo Police Department:

Please note that the URLs provided are simplified and may not be the exact URLs for the agencies’ websites. You can use search engines or visit the respective city or county websites to find the most accurate and up-to-date information on the law enforcement agencies in these areas.

Let us help you 813.222.2220

1st Time DUI, 2nd Time DUI Or More

Third DUI Penalties in Florida

W. F. "Casey" Ebsary Jr

Understanding Third DUI Penalties in Florida

Introduction

In Florida, the consequences of a DUI become increasingly severe with each offense. This comprehensive guide delves into the nuanced penalties associated with a third DUI conviction.

Third DUI Conviction in Florida
“consequences of a DUI become increasingly severe with each offense”

Understanding these penalties is crucial for individuals navigating the legal landscape, as it involves intricate details, fines, probation periods, license revocation, jail time, and other mandatory penalties.

Let us help you 813.222.2220

Overview of Previous DUI Offenses

Recapping the penalties for first and second DUIs lays the foundation for comprehending the escalating repercussions of a third DUI. From fines to mandatory treatment programs, the legal system aims to deter repeat offenses and ensure public safety.

First DUI Offenses

  • BAC below .15: $983.00, 12-month probation, 6 months to 1 year license revocation, up to 6 months jail, 10 days vehicle impound.
  • BAC .15 or higher or person less than 18 years old in the car: $1,518.00, 12-month probation, 6 months to 1 year license revocation, up to 9 months jail, 10 days vehicle impound, and 6 months Ignition Interlock.

Second DUI Offenses

  • Within 5 years, BAC below .15: $1,518.00, 12-month probation, mandatory 5 years license revocation, 10 days mandatory jail (up to 9 months), 30 days vehicle impound, Multiple Offender DUI School, 1-year Ignition Interlock.
  • Within 5 years, BAC .15 or higher: $2,558.00, 12-month probation, mandatory 5 years license revocation, 10 days mandatory jail (up to 12 months), 30 days vehicle impound, Multiple Offender DUI School, 2-year Ignition Interlock.
  • Outside 5 years, BAC below .15: $1,518.00, 12-month probation, 6 months to 1 year license revocation, up to 9 months jail, 10 days vehicle impound, Multiple Offender DUI School, 1-year Ignition Interlock.
  • Outside 5 years, BAC .15 or higher: $2,558.00, 12-month probation, 6 months to 1 year license revocation, up to 12 months jail, 10 days vehicle impound, Multiple Offender DUI School, 2-year Ignition Interlock.

Third DUI Offenses: A Closer Look

Now, let’s dive into the penalties associated with a 3rd DUI conviction in Florida, taking into account the Blood Alcohol Content (BAC) and the time frame within which these offenses occur.

Third DUI Within 10 Years

  1. BAC Below .15 (FELONY):
    • Total Fines & Costs: $2,558.00
    • Probation Period: Up to 60 months
    • License Revocation: Mandatory 10 years
    • Jail Time: Mandatory 30 days in PCJ, up to 5 years in State Prison
    • Vehicle Impound: 90 days
    • Other Mandatory Penalties: Multiple Offender DUI School, 2 years Ignition Interlock
  2. BAC .15 or Higher (FELONY):
    • Total Fines & Costs: $4,558.00
    • Probation Period: Up to 60 months
    • License Revocation: Mandatory 10 years
    • Jail Time: Mandatory 30 days in PCJ, up to 5 years in State Prison
    • Vehicle Impound: 90 days
    • Other Mandatory Penalties: Multiple Offender DUI School, 2 years Ignition Interlock

Third DUI Outside 10 Years

  1. BAC Below .15:
    • Total Fines & Costs: $2,558.00
    • Probation Period: 12 months
    • License Revocation: 6 months to 1 year
    • Jail Time: Up to 12 months
    • Vehicle Impound: 10 days
    • Other Mandatory Penalties: Multiple Offender DUI School, 2 years Ignition Interlock
  2. BAC .15 or Higher:
    • Total Fines & Costs: $4,558.00
    • Probation Period: 12 months
    • License Revocation: 6 months to 1 year
    • Jail Time: Up to 12 months
    • Vehicle Impound: 10 days
    • Other Mandatory Penalties: Multiple Offender DUI School, 2 years Ignition Interlock

Comparisons and Contrasts

Fines and Costs

  • 3rd DUI fines are consistently higher, emphasizing the severity of the offense.

Probation Period

  • Third DUIs involve longer probation periods, reaching up to 60 months for felony convictions.

License Revocation

  • The mandatory license revocation period is 10 years for both felony and non-felony third DUIs within 10 years.

Jail Time

  • Third DUI offenses within 10 years mandate substantial jail time, ranging from 30 days in PCJ to potential imprisonment in State Prison.

Vehicle Impound

  • Vehicle impound durations remain relatively consistent across different DUI categories.

Other Mandatory Penalties

  • Multiple Offender DUI School and Ignition Interlock are consistently required for third DUI convictions, emphasizing the state’s commitment to rehabilitation and preventing repeat offenses.

Legal References

Understanding the legal framework governing DUI penalties is crucial. Relevant authorities include Florida Statutes – Chapter 316 and Chapter 322.

Call to Action

As you navigate the complexities of 3rd DUI penalties, seek guidance from a seasoned expert. Contact W.F. “Casey the Lawyer” Ebsary Jr., a Board Certified attorney, at 813-222-2220. Casey’s experience and dedication can make a crucial difference in your legal journey.

Let us help you 813.222.2220

 

Conclusion

Understanding the intricacies of 3rd DUI penalties in Florida is paramount for individuals facing these charges. Whether it’s the financial impact, the potential for incarceration, or the mandatory treatment programs, being informed is the first step toward a strategic legal defense. Remember, seeking professional legal advice is key to navigating these challenging situations successfully.

Let us help you 813.222.2220

2nd Time DUI Or More, Expert Attorney WF Casey Ebsary Jr

Second DUI in Florida

W. F. "Casey" Ebsary Jr

Florida Second DUI Penalties

Florida imposes escalating penalties for second DUI offenses. If the DUI occurs within 5 years with a BAC below .15, fines amount to $1,518, a 12-month probation, and a mandatory 5-year license revocation. Jail time ranges from 10 days to 9 months, with a 30-day vehicle impound. Higher penalties are levied for a BAC of .15 or higher, reaching $2,558, a 10-day to 12-month jail term, and a 30-day vehicle impound. Ignition Interlock is mandatory for 1 to 2 years.

In summary, avoiding a second DUI conviction is crucial to minimize legal, financial, and personal consequences, maintain driving privileges, safeguard employment opportunities, and contribute to overall public safety.
In summary, avoiding a second DUI conviction is crucial to minimize legal, financial, and personal consequences, maintain driving privileges, and safeguard employment opportunities.

For second DUIs outside 5 years, fines and probation remain the same, but license revocation is 6 months to 1 year. Jail time is up to 9 or 12 months, with a 10-day impound. All cases involve mandatory attendance at the Multiple Offender DUI School and Alcohol Evaluation & Treatment. These penalties aim to deter repeat offenses and ensure public safety. Florida Statutes and Chapter 322 provide legal references.

Let us help you 813.222.2220

Avoiding a Second DUI

Avoiding a second conviction for driving while impaired is crucial for several reasons, primarily centered around legal, personal, and societal consequences:

  1. Legal Ramifications: A second DUI conviction often results in harsher penalties, including increased fines, longer license suspensions, and extended jail sentences. The legal system imposes progressively severe consequences for repeat offenses, making it imperative to avoid a second conviction to mitigate these repercussions.

  2. Financial Consequences: The financial burden of a second DUI is significantly higher than the first, encompassing increased fines, legal fees, and potential court-ordered programs. Additionally, the cost of obtaining SR-22 insurance, mandatory for individuals with DUI convictions, can escalate with each subsequent offense.

  3. Impact on Driving Privileges: A second DUI conviction typically leads to a more prolonged license suspension or revocation, limiting personal mobility and potentially affecting employment opportunities. This loss of driving privileges can disrupt daily life and contribute to financial strain.

  4. Employment and Education: A second DUI conviction can jeopardize current employment and hinder future career prospects. Many employers conduct background checks, and a DUI on record may be viewed negatively. Additionally, educational institutions may consider DUI convictions when evaluating applications.

  5. Insurance Premiums: Car insurance premiums are likely to increase significantly after a second DUI conviction. Insurance companies view individuals with multiple DUIs as high-risk, resulting in higher premiums or even difficulty securing coverage.

  6. Public Safety Concerns: Repeat DUI offenses pose a greater risk to public safety. By avoiding a second DUI conviction, individuals contribute to a safer road environment, reducing the likelihood of accidents and injuries caused by impaired driving.

  7. Personal Well-being: Beyond legal and financial consequences, a second DUI conviction can have profound personal and emotional effects. It may strain relationships, lead to increased stress, and negatively impact mental well-being.

In summary, avoiding a 2nd DUI conviction is crucial to minimize legal, financial, and personal consequences, maintain driving privileges, and safeguard employment opportunities.

Let us help you 813.222.2220

 

Second DUI Penalties by the Numbers

Let’s analyze and compare the penalties for second DUI offenses in Florida. I’ll break down the information and provide links to the relevant authorities.

1. Second DUI Within 5 Years, BAC Below .15:

  • Total Fines & Costs: $1,518.00 (§316.193(2)(a)).
  • Probation Period: 12 months (§316.193(6)(a)).
  • License Revocation: Mandatory 5 years (§322.28(2)(a)2).
  • Jail Time: Mandatory 10 days, up to 9 months (§316.193(6)(b)).
  • Vehicle Impound: Mandatory 30 days (§316.193(6)(b)).
  • Other Mandatory Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 1-year Ignition Interlock.

2. Second DUI Within 5 Years, BAC .15 or Higher:

  • Total Fines & Costs: $2,558.00 (§316.193(4)(a)).
  • Probation Period: 12 months (§316.193(6)(a)).
  • License Revocation: Mandatory 5 years (§322.28(2)(a)2).
  • Jail Time: Mandatory 10 days, up to 12 months (§316.193(6)(b)).
  • Vehicle Impound: Mandatory 30 days (§316.193(6)(b)).
  • Other Mandatory Penalties: Multiple Offender DUI School/Alcohol Evaluation & Treatment, 2-year Ignition Interlock.

3. Second DUI Outside 5 Years, BAC Below .15:

4. Second DUI Outside 5 Years, BAC .15 or Higher:

Bullets Point Analysis:

  • Fines increase significantly for higher BAC levels.
  • The probation period, license revocation, and jail time are consistent for each BAC category within the 5-year timeframe.
  • Penalties are generally higher for a second DUI within 5 years compared to outside 5 years.
  • Ignition Interlock becomes mandatory for second offenses, especially for higher BAC levels.
Authorities:

DUI Number 2 – A Call to Action

For anyone facing the potential consequences of DUI number 2 in Florida, it’s imperative to act swiftly and seek the guidance of a seasoned legal professional. W.F. “Casey the Lawyer” Ebsary Jr., a Board Certified expert attorney, possesses the expertise and dedication needed to navigate the complexities of DUI cases.

With a track record of delivering effective legal representation, Casey Ebsary can help safeguard your rights, minimize penalties, and explore avenues for a favorable resolution. Don’t navigate the legal system alone; call Casey the Lawyer at 813-222-2220.

Time is of the essence, and securing skilled legal counsel is the first step toward mitigating the impact of a second DUI. Act now to protect your future and schedule a consultation with Casey the Lawyer.

Let us help you 813.222.2220

 

1st Time DUI, 2nd Time DUI Or More

Field Sobriety Exercises – Science?

W. F. "Casey" Ebsary Jr
Challenging the Admissibility of Field Sobriety Exercises (FSEs) in DUI Cases involves navigating recent changes in Florida’s evidentiary framework. Law enforcement’s reliance on observations to establish probable cause faces increased scrutiny, demanding a proper foundation for opinions on a defendant’s impairment. Florida, post-amendment to Statute § 90.702, requires the State to meet Daubert standards for eliciting testimony on impairment.Scientifically, NHTSA updates FSE training based on research, embedding empirical testing and adherence to principles.
The Scientific underpinnings of Field Sobriety Exercises (FSEs)
“the admissibility of FSEs hinges on scientific validity. Florida’s legal landscape now requires the State to meet the Daubert standard rigorously, ensuring only scientifically valid and reliable evidence reaches the jury in DUI cases.”

 

However, disclosed error rates in FSEs, like walk and turn (79%), one-legged stand (83%), and horizontal gaze nystagmus (88%), challenge their reliability. Florida courts, mirroring federal standards, emphasize the proponent’s duty to prove admissibility. With Daubert’s three criteria, including sufficient data and reliable application, the State must establish FSEs’ scientific validity. Courts, as gatekeepers, assess error rates, reinforcing the necessity for stringent standards in admitting scientifically valid evidence.

Let us help you 813.222.2220

Challenging Field Sobriety Exercises in DUI Cases

Law enforcement, charged with maintaining the safety of our streets, rely on their common sense and observations when determining whether probable cause exists to arrest an impaired driver. However, there are limits to those observations when those same officers must testify in a criminal trial when a Defendant’s liberty is at stake. Permitting law enforcement to give an opinion or inference about whether a particular Defendant is impaired is inappropriate absent proper foundation.

In the last few years, Florida’s evidentiary framework has fundamentally changed, and there are more stringent requirements on the admissibility of opinion testimony. If the State of Florida wants to elicit testimony that the Defendant was impaired, the State must satisfy Daubert.

Scientific Basis Continued: NHTSA Guidelines and Empirical Testing

The scientific underpinning of FSEs is emphasized by NHTSA’s continuous efforts to update its training materials based on advances in research, technology, and science. These exercises are not mere subjective observations; they are designed to adhere to the scientific method, involving empirical testing, blind experiments, and adherence to established principles.

The NHTSA manuals, particularly the most recent one from May 2013, explicitly state that these materials are a “living document” subject to updates based on scientific advancements. Each FSE described in the manual includes references to empirical testing, highlighting the commitment to scientific rigor in their development and maintenance.

The State’s Legal Obligation

Florida courts, following the amendment of Florida Statute § 90.702, place the burden on the proponent of evidence to establish admissibility by a preponderance of the evidence. This principle aligns with federal courts of appeal, where Daubert has been the standard for years.

It’s crucial to recognize that the burden of proof on the State does not change with the adoption of Daubert. The State must still demonstrate the reliability of FSEs, providing evidence that these exercises meet the three criteria specified in Florida Statute § 90.702: sufficient data, reliance on scientific principles, and reliable application to the case at hand.

Legal Standards for Admissibility in Florida Courts

Post the amendment of Florida Statute § 90.702, Florida courts have explicitly placed the burden on the proponent of evidence to establish admissibility by a preponderance of the evidence. This fundamental principle is in harmony with the practices in federal courts of appeal, where the Daubert standard has long been the norm.

The revised statute reads as follows:

Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if:

  1. The testimony is based upon sufficient facts or data;
  2. The testimony is the product of reliable principles and methods; and
  3. The witness has applied the principles and methods reliably to the facts of the case.

This legal framework underscores the significance of ensuring that any expert testimony, including that related to Field Sobriety Exercises (FSEs), meets the rigorous standards of reliability and relevance mandated by the Daubert standard.

Proponent’s Burden and Daubert Standard

The burden placed on the proponent of evidence to establish admissibility aligns with the long-established practices in federal courts, where the Daubert standard has been the touchstone for assessing the reliability and relevance of expert testimony. The Daubert standard emphasizes a thorough evaluation of the scientific methodology and principles underlying expert opinions, ensuring that they are not only based on sufficient facts but also derived from reliable and accepted principles and methods.

Florida’s commitment to this elevated standard, as reflected in the statutory amendment, places a crucial responsibility on the proponent to demonstrate the scientific validity and reliability of expert opinions, especially in cases involving complex scientific or technical knowledge, such as the interpretation of Field Sobriety Exercises in DUI investigations.

Challenges to Reliability: Inaccuracies and Error Rates

The accuracy rates disclosed by NHTSA for individual FSEs reveal potential inaccuracies and error rates that cannot be ignored. The walk and turn, one-legged stand, and horizontal gaze nystagmus tests, even when administered correctly, come with inherent risks of falsely accusing individuals of impairment.

Moreover, the absence of certain tests from NHTSA’s approved list raises questions about the overall reliability of FSEs. When a scientific basis is lacking for specific exercises, it calls into question the validity of the entire test battery. The court, acting as a gatekeeper under Daubert, has a duty to assess the reliability of the evidence before it is presented to the jury.

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Detailed Challenges to Use of Field Sobriety Exercises

The scientific foundation of Field Sobriety Exercises (FSEs) is under scrutiny, primarily due to the revealed inaccuracies and inherent error rates acknowledged by the National Highway Traffic Safety Administration (NHTSA). While these exercises are designed to assist law enforcement in identifying impaired drivers, their reliability is far from infallible.

The three commonly employed FSEs, namely the walk and turn, one-legged stand, and horizontal gaze nystagmus tests, are not immune to errors, even when administered correctly. The accuracy rates, as disclosed by NHTSA, expose potential risks of falsely accusing individuals of impairment based on these exercises.

1. Walk and Turn: NHTSA’s own materials acknowledge that the walk and turn test, when conducted properly, boasts an accuracy rate of, at best, 79%. This means that in more than 20% of cases where the test is administered correctly, there is a risk of misjudging an individual as impaired.

2. One-Legged Stand: Similarly, the one-legged stand test, considered reliable by NHTSA under optimal conditions, reveals an 83% accuracy rate. This implies that in nearly 17% of cases, individuals may be incorrectly identified as impaired based on this test alone.

3. Horizontal Gaze Nystagmus (HGN): The HGN test, often touted for its effectiveness, presents an accuracy rate of 88% when administered correctly. While this seems relatively high, it still means that approximately 12% of individuals may be erroneously identified as impaired due to the test’s limitations.

These error rates are not negligible and raise serious concerns about the reliability of FSEs in determining impairment. It’s essential to underscore that even when law enforcement follows the prescribed procedures, the risk of misjudgment persists.

Moreover, the absence of certain tests from NHTSA’s approved list introduces an additional layer of doubt regarding the overall reliability of FSEs. The scientific basis for specific exercises might be lacking or insufficiently demonstrated, prompting questions about the validity of the entire battery of tests.

As the court acts as a gatekeeper under the Daubert standard, it assumes the responsibility of critically evaluating the reliability of the evidence before allowing it to be presented to the jury. The potential for inaccuracies and error rates in FSEs should be carefully considered, and the court must weigh these factors when determining the admissibility of such evidence.

Conclusion: Admissibility Hinges on Scientific Validity

Field Sobriety Exercises are a critical component of DUI investigations, but their admissibility in court hinges on their scientific validity. The State of Florida, as the proponent of this evidence, must meet the burden of proving the reliability of FSEs under the Daubert standard.

NHTSA’s acknowledgment of FSEs as a scientific tool, subject to updates based on research and technology, underscores their significance. However, it also places a responsibility on the State to establish that these exercises meet the criteria set forth by Daubert.

One may argue that FSEs are inadmissible unless the State can demonstrate their reliability through a Daubert hearing. As the legal landscape evolves, it becomes imperative to uphold rigorous standards for the admission of evidence, ensuring that only scientifically valid and reliable information reaches the jury.

Summary of the “Science” of Field Socriety Exercises

In recent years, changes to Florida’s evidentiary framework demand stricter requirements for the admissibility of opinion testimony in DUI cases. The State must now satisfy the Daubert standard to present evidence of a Defendant’s impairment. Scientific underpinnings of Field Sobriety Exercises (FSEs), continuously updated by NHTSA, emphasize empirical testing and adherence to scientific methods.

Florida courts, aligning with federal standards, place the burden on the State to establish admissibility post-amendment of Florida Statute § 90.702. The Daubert standard demands a thorough evaluation of FSEs, necessitating sufficient data, reliance on scientific principles, and reliable application.

Challenges arise in the form of disclosed inaccuracies and error rates in individual FSEs, prompting questions about their overall reliability. Walk and turn, one-legged stand, and horizontal gaze nystagmus tests, despite touted effectiveness, exhibit significant error rates. Courts, acting as gatekeepers under Daubert, must assess evidence reliability before jury presentation.

In conclusion, the admissibility of FSEs hinges on scientific validity. Florida’s legal landscape now requires the State to meet the Daubert standard rigorously, ensuring only scientifically valid and reliable evidence reaches the jury in DUI cases.

Protect Your Rights

If you or someone you know is facing DUI charges based on Field Sobriety Exercises, it’s crucial to seek legal counsel immediately. Call the experienced DUI defense lawyer at 813-222-2220 for assistance. Safeguard your rights and challenge the admissibility of evidence in your case.

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Intoxilyzer 8000 in Florida: A Comprehensive Guide

W. F. "Casey" Ebsary Jr

Understanding the Intoxilyzer 8000 in Florida: A Comprehensive Guide

The Intoxilyzer 8000 is a crucial instrument in Florida’s Alcohol Testing Program, administered by the Florida Department of Law Enforcement (FDLE). This guide, serves as a comprehensive reference for users, focusing on the instrument’s functionality, operational modes, and procedures.
Intoxilyzer 8000 Error Messages – Various messages displayed by the Intoxilyzer 8000 are explained, covering scenarios such as sample refusal, diagnostic failures, interference detection, and calibration issues. Understanding these messages is vital for operators and inspectors to ensure proper test outcomes.

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Introduction

The Intoxilyzer 8000 is a crucial instrument in Florida’s Alcohol Testing Program, administered by the Florida Department of Law Enforcement (FDLE). This guide, serves as a comprehensive reference for users, focusing on the instrument’s functionality, operational modes, and procedures. This discussion will delve into the key sections outlined in the guide, offering an in-depth understanding of the Intoxilyzer 8000’s design, usage, and significance in enforcing alcohol-related laws in the state.

I8000ReferenceGuide

Section A: The Instrumentation

The Intoxilyzer 8000 is designed for both mobile and stationary breath alcohol analysis and operates with either a 110-volt AC or 12-volt DC power source. The method of analysis employs infrared light absorption, where the amount of infrared light absorbed by the alcohol in the sample correlates with the alcohol concentration. This section details the components involved, such as the sample chamber, light source, filters, detectors, and microprocessor.

Operational modes, including NOT READY, READY, STANDBY, and DISABLED, are explained, providing insights into the instrument’s readiness and functionality. Tones, diagnostics checks, and control tests are also discussed, emphasizing the importance of ensuring the instrument’s proper calibration and functionality.

Section B: The Dry Gas Standard

The Dry Gas Standard is a critical component used to calibrate the Intoxilyzer 8000. This section details the connection of the gas cylinder, analysis procedures, and messages related to gas pressure. The guide emphasizes the significance of maintaining the appropriate gas concentration for accurate calibration and outlines the steps for replacing or removing the Dry Gas Standard Cylinder.

Section C: User Menus

The instrument’s user menus are explored, offering a multi-level interface for users. Level One, accessible to Breath Test Operators, allows actions such as recalling test results and changing the gas cylinder. Level Two, available to Agency Inspectors, provides additional functions like setting date and time, diagnostics checks, and agency inspections.

Section D: Subject Breath Tests

This section outlines the necessary information for conducting breath tests, including required details about the subject, observation periods, agency codes, and violation codes. The breath test sequence is described, emphasizing the importance of obtaining a reliable breath sample meeting specific criteria.

 

Section E: Agency Inspections

Agency inspections play a crucial role in maintaining the accuracy of the Intoxilyzer 8000. This section details the sequence of pre-inspection checks, including alcohol-free tests, interferent detection, and control tests. The post-inspection procedures, including diagnostics checks and electronic upload requirements, are highlighted, underscoring the instrument’s accountability.

Agency Inspections are a fundamental aspect of maintaining the accuracy and reliability of the Intoxilyzer 8000. These inspections are conducted by specially designated professionals known as Agency Inspectors. Let’s delve into the role and responsibilities of these inspectors in ensuring the proper functioning of the instrument and adherence to established standards.

Role of Agency Inspectors:

  1. Calibration Oversight:Agency Inspectors play a pivotal role in ensuring the accurate calibration of the Intoxilyzer 8000. Calibration is crucial for obtaining precise and legally defensible breath alcohol concentration results. These inspectors are responsible for overseeing and conducting calibration procedures at specified intervals.
  2. Equipment Verification:Agency Inspectors are tasked with verifying that the Intoxilyzer 8000 equipment meets the necessary standards set by regulatory authorities. This involves thorough checks of the instrument’s components, including the sample chamber, light source, filters, detectors, and the internal printer.
  3. Compliance Monitoring:Ensuring compliance with established protocols and guidelines is a key responsibility of Agency Inspectors. They are required to meticulously review test records, inspect the instrument’s physical condition, and validate that the Intoxilyzer 8000 is operating within the parameters defined by regulatory authorities.
  4. Troubleshooting and Issue Resolution:In the event of diagnostic failures, calibration issues, or any other malfunctions, Agency Inspectors are trained to troubleshoot and resolve problems promptly. Timely intervention is critical to maintaining the instrument’s reliability and accuracy.
  5. Electronic Data Upload:Agency Inspectors are responsible for electronically uploading inspection results to the central database within a specified timeframe, as mandated by regulatory requirements. This ensures transparency and accessibility of inspection data for regulatory oversight.

Agency Inspection Sequence:

The Agency Inspection sequence is a comprehensive process that involves various tests and checks. This includes:

  1. Pre-Inspection Diagnostics Check:Before commencing the inspection, a diagnostics check is performed to ensure that all analytical components and operational standards are functioning correctly.
  2. Alcohol-Free Subject Test:This test involves analyzing the breath sample of a subject known to be alcohol-free, confirming the instrument’s ability to correctly identify a lack of alcohol.
  3. Mouth Alcohol Test:To detect any residual alcohol in the subject’s mouth, a mouth alcohol test is conducted. This is crucial for accurate breath alcohol concentration readings.
  4. Control Tests and Analyses:Various control tests are carried out using dry gas standards and alcohol reference solutions to verify the instrument’s calibration. These tests include analyses at different concentration levels.
  5. Post-Inspection Diagnostics Check:Following the inspection sequence, a final diagnostics check is performed to ensure the continued proper functioning of the Intoxilyzer 8000.

Reporting and Accountability:

Upon completing the Agency Inspection, the Intoxilyzer 8000 generates an Agency Inspection Report. This detailed report includes the results of each test conducted during the inspection. The report serves as an official document, providing a comprehensive overview of the instrument’s performance during the inspection.

Electronic Data Upload Requirement:

In accordance with Chapter 11D-8 of the Florida Administrative Code, Agency Inspectors are obligated to electronically upload the inspection results to the central database within five business days. This requirement ensures real-time monitoring and regulatory oversight, contributing to the accountability and reliability of breath alcohol testing in the state.

Conclusion:

Agency Inspectors play a critical role in upholding the integrity of breath alcohol testing through meticulous inspections, adherence to protocols, and proactive issue resolution. Their commitment to maintaining the accuracy of the Intoxilyzer 8000 contributes to the credibility of alcohol testing results, making their role essential in the pursuit of justice and public safety.

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Section F: Intoxilyzer 8000 Error Messages

Various messages displayed by the Intoxilyzer 8000 are explained, covering scenarios such as sample refusal, diagnostic failures, interference detection, and calibration issues. Understanding these messages is vital for operators and inspectors to ensure proper test outcomes.

Conclusion

The FDLE Intoxilyzer 8000 Reference Guide serves as a comprehensive resource for operators and inspectors involved in alcohol testing in Florida. This guide ensures the proper usage, calibration, and maintenance of the instrument, emphasizing the importance of accuracy and reliability in enforcing alcohol-related laws. As technology and regulations evolve, ongoing training and reference materials will play a crucial role in the effective use of such instruments in law enforcement.

Help with the I-8000

For legal guidance and support regarding alcohol testing procedures and related matters, contact Casey the Lawyer at 813-222-2220. Casey specializes in providing legal assistance to operators, inspectors, and law enforcement professionals dealing with the Intoxilyzer 8000. Commitment to accuracy and adherence to proper testing procedures aligns with Casey’s dedication to upholding justice and ensuring fair legal outcomes.

Remember, in the ever-evolving landscape of alcohol testing, staying informed and having a reliable legal ally are key to maintaining the integrity of law enforcement processes. The FDLE Intoxilyzer 8000 Reference Guide, coupled with Casey the Lawyer’s expertise, forms a formidable combination in the pursuit of justice and public safety.

 

 

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