Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.
Who Is Eligible for First-Time DUI Diversion Program?
To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.
What Is The Process For Selecting Cases In This DUI Diversion Program?
The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.
Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?
Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.
Using Drug Recognition Experts (DRE), in FloridaDUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.
We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?
What is the History and Origin of the Drug Recognition Expert (DRE}?
The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
7 Days to a Better You (DRE)
What is done during DRE training?
A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program: Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.
Who does the Drug Recognition Experts (DRE) training?
The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).
What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?
None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.
Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard?
No. In July 2013, Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.
Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .” In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).
Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .
Standardized 12-Step Drug Recognition Experts Protocol
The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.
1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.
Every year hundreds join the Tampa Gasparilla Pirate Invasion by boat. This year, Saturday, January 27 the crew will start its journey at 9:00 a.m. and ends at the Tampa Convention Center at 1:00 p.m. when the crew captures the Mayor. Many people have their own parties alongside the Gasparilla Flotilla. You can avoid a BUI charge by having a designated driver on the boat. If you need an attorney call 813.222.2220
Gasaparilla Is Just For Fun Not For BUI Charge Or DUI Charge
You can learn more about the Florida BUI (Boating Under the Influence) Charge. Here are 16 Tips For Surviving Gasparilla Pirate Fest Invasion. Then you can look at The Official Flotilla and Parade Maps. The parade begins Bayshore Boulevard at Bay to Bay Boulevard at 2:00 p.m. Then the parade ends on Ashley Drive when it reaches Cass Street around 5:30 p.m. You don’t want to forget that the NHL All-Star Weekend is also this weekend in downtown Tampa. That will add to the crowds and may increase parking issues, Special event rates will be in place for parking in public garages and privately operated lots throughout downtown Tampa and around Bayshore Boulevard. Most fill up by 10:30 a.m. If you made a bad decision or got confused with someone who did call an expert attorney call 813.222.2220
DUI Questions and Answers from a Florida DUI Attorney and Board Certified Criminal Trial Lawyer.
For over ten years, Tampa DUI Attorney has been maintaining this resource for DUI information, It has become a resource for both citizens and Lawyers. We have reviewed our history and summarize a Reviewof the most frequently asked questions (FAQ); We Compare of DUI penalties; and outline How to Get back on the road? How many DUI Convictions have there been in Florida? 840,000 DUI Convictions. In Florida, according to recent statistics, nearly 840,000 drivers have DUI convictions on their driving records. These include convictions for Driving Under the Influence of Alcoholic Beverages from the evidence that includes only impairment by alcohol, Chemical Substances, or Controlled Substances. These data also included Driving with an unlawful Blood or Breath Alcohol Level ( DUBAL ). 316.193, F.S. Under Florida law, 316.193, DUI can be proved by impairment of normal faculties or by establishing an unlawful blood alcohol or breath alcohol level ( BAC ) of .08 or above. No matter which method is used, the penalties are the same. However, enhanced penalties are an option when the BAC is above .15.
What are the Five Standard Field Sobriety Tests? Five Roadside Tests for DUI
A horizontal gaze nystagmus test ( HGN ). In this phase, the driver is asked to follow the lighted red tip of a pen with his eyes, without moving his head. Law Enforcement says if a driver has been drinking his eyes will jerk, instead of following the light smoothly. Most cops are not allowed to testify in court about this technique. They are simply not qualified.
The nine steps test. The driver must walk a straight line heel-to-toe for nine steps, make a tight turn, and walk back nine steps.
Balancing on one leg. The driver stands on one foot for about 30 seconds.
Touching the nose. With hands at his side, the driver is asked to close his eyes, lean his head back, and touch his nose with the tip of each finger.
Reciting the alphabet.
What is the minimum Fine for a Florida DUI?$250 Minimum Fine and other penalties.
First-time offenders face the following possible punishment – What is the possible punishment for a First DUI conviction?
Business Purposes Only – Employment Purposes Only Reinstatement for a First Conviction requires people to complete the DUI school and then apply to the Department of Highway Safety and Motor Vehicles for a hearing about a possible hardship or business purpose only reinstatement. The Department of Highway Safety and Motor Vehicles has been imposing Mandatory ignition interlock device for up to six months for BAL of .15 or higher.
What is the possible punishment for a First (1st) DUI conviction? First DUI Penalty Summary
Greater than .15. Increased fine;
Imprisonment for up to six ( 6) months;
At least Fifty ( 50 ) hours of community service;
At least six ( 6 ) months’ revocation of the driver’s license;
DUI School Mandatory attendance of a substance abuse education course.
What is the possible punishment for a Second DUI conviction? Second-time offenders face the following possible, even stricter, punishment:
What is the possible punishment for a Second (2nd) DUI conviction? Second DUI Penalty Summary
A Second Conviction allows no hardship license except as provided below. The second time around, there will be a mandatory ignition interlock device for one (1) year. If the Second Conviction occurs within five (5) Years, there will be a 5-Year Revocation. There are provisions to apply for hardship business purposes only reinstatement hearing after one (1) year. Strict requirements of DUI school completion and participation in the DUI supervision program is mandatory for the remainder of the revocation.Be careful, because failure to report for counseling or treatment will result in cancellation of your hardship license. The DUI supervision program demands that the driver may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for twelve (12) months before reinstatement. Finally there is a Mandatory ignition interlock device for one year or for two years if test result was greater than .15.
Mandatory terms of county jail if within 5 Years;
Ignition Interlock device possible;
Increased fines and revocation periods;
Mandatory attendance of a substance abuse education course usually include counseling;
Refusal to submit to a required breath, urine, or blood test can result in;
At least six and possibly 12 months’ suspension of the driver’s license.
What is the possible punishment for a Third DUI conviction? Three-time offenders face the following possible, even stricter, punishment. Third DUI Penalty Summary
Third Conviction Within 10 Years is a Felony with a 10-Year Revocation. May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
Three Important Chemical or Physical Test Provisions
Number One – Refusal to submit to a breath, urine, or blood test is admissible as evidence. Second or subsequent refusal is a misdemeanor of the first degree and is a new a separate crime. License Suspension Period for First refusal is 1 year. License Suspension Period for second or subsequent refusals is 18 months.
The rules are different for Commercial Driver’s Licenses. License Suspension Period for First refusal is in a commercial motor vehicle 1 year. License Suspension Period for Second or subsequent refusals in a commercial motor vehicle results in a driver being disqualified permanently. For Commercial Driver’s Licenses, there will be no hardship reinstatement permitted.
A conviction for driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance cannot operate a commercial motor vehicle for a period of 1 year. A second conviction yields a permanent disqualification from operating a commercial motor vehicle. There is no hardship license.
Number Two – Blood from a driver or alleged driver can be used instead of or in addition to other tests. This means there can be a forceful withdrawal of blood. Courts have supported and the Florida DUI law provides that blood may be taken in DUI cases involving serious bodily injury or death. The blood sample is taken by authorized medical personnel and the arresting officer can use reasonable force if the driver refuses.
Number Three – Can a Portable Alcohol Breath Testing Device be used under Florida Law for persons under 21? Yes Florida law.322.2616, provides that drivers under the age of ( Twenty-One ) 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.”
Why can’t I get my license back?
When is a Florida Hardship License Prohibited?
A Driver under Florida DUI law may be prohibited from obtaining a Hardship License when there has been a second (2nd) or subsequent suspension for refusal or if driver has been convicted of (DUI) two (2) or more times.In any event, drivers disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Why has my car been impounded or immobilized? 10 Days Impoundment or Immobilization of Vehicle
Impoundment or Immobilization of Vehicle may be ordered and is mandatory unless the family of the defendant has no other transportation. For the First conviction, Impoundment or Immobilization of Vehicle is for 10 days; Impoundment or Immobilization of Vehicle for a second conviction within 5 years is 30 days; Impoundment or Immobilization of Vehicle for a third conviction within 10 years is 90 days. The court may also dismiss the order of Impoundment or Immobilization of Vehicle for any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
What Happens to the money collected in DUI Cases?
Money from criminal traffic cases now goes to the county. Tens of millions of dollars in fines from DUI and criminal traffic cases that once went to cities and towns go to county clerks instead.
What about DUI Residential Alcoholism Treatment?
Florida DUI laws provide that at court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward term of imprisonment. First Conviction at court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, the court may order not more than 6 months. Furthermore, at the court’s discretion, sentencing terms for .15 or higher or with a minor in the vehicle up to 9 months may be ordered to be served in a residential alcoholism or drug abuse treatment program.
Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Officer: “Good evening, sir. Do you know why I pulled you over tonight? Have you been drinking tonight?”
Citizen: “I only had two beers.”
One cop noted that the “two beers line” has been used so often that it’s a joke among DUI cops. In 20 years of patrolling highways, Virginia State Trooper Parker has heard that line more times than she can remember. “I don’t know of any officer out here who, if you tell them you only had two beers, they’ll tell you, “Okay, then, have a nice night,’ ” and let you go.
Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.
