| Read Time: 2 minutes | Drunk Driving

Golf Cart DUIs in Florida

As golf communities become more and more popular throughout Florida, the number of golf carts on the road continues to increase. Outside of Orlando in the Villages, a man was arrested and charged with a DUI after residents found him drunk and parked in their driveway. When the officers attempted to give him a field sobriety test, he announced that he could not do it. This is not the first time that this golf community has had people driving a golf cart under the influence. Thus, it is important that a person charged with a DUI while driving a golf cart is provided the same constitutional rights that a person driving a normal car would be provided. Driving a Golf Cart Under the Influence Under Florida law, a DUI is a criminal offense that a person can be charged with if the person is found to be under the influence of alcohol or drugs while driving or in physical control of a vehicle. Since the statute does not say car or truck, the broad use of vehicles, it has been found that it could mean a golf cart. A person will be charged with a DUI if he or she has a blood alcohol level of 0.08 or greater. Due to the harsh penalties that exist in the State of Florida for DUIs, it is important to present a solid defense to the court. DUI Penalties A person who is convicted of a DUI in the State of Florida for the first time will have to pay a fine of between $500 and $1,000. The fine will increase to $1,000 to $2,000 for a second conviction. In addition, a person could be sent to prison for no more than six months for the first conviction and no more than nine months for the second conviction. When a person is convicted for the second time, they are not only subjected to more jail time and a greater fine, but also are required to have an ignition interlock device installed within their car for at least one year. The person will have to pay the fees associated with having the device installed as well as the maintenance. If the person owns more than one vehicle, then the person will have to have the device installed on each vehicle. Since a golf cart is viewed as a vehicle, the interlock device would also need to be installed on the person’s cart as well. Once a person is convicted of a DUI for the third time, this becomes a felony charge. The punishments become more and more severe as the number of DUI’s increase. Contact an Orlando DUI Lawyer If you have been charged with a DUI while driving a golf cart, you are entitled to constitutional protections. Our attorneys at Moses & Rooth are available to discuss the facts of your case and determine an aggressive defense strategy to ensure that your rights are protected. Please do not hesitate to contact our firm at any time at 407-377-0150 for your free consultation.

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| Read Time: 2 minutes | Drunk Driving

Faulty Breath Tests Tossed In Florida DUI Cases

Prosecutors in two counties in Florida have withdrawn the breath tests from around 100 DUI cases, according to a story in the Herald-Tribune. The cases will still proceed, but the prosecution will rely on other evidence, said prosecutors in the article. Intoxilyzer 8000 Problems The Intoxilyzer 8000, a breath-testing machine, appears to have been improperly set up and may have caused numerous inaccurate measurements for years. The five machines in question operated without being properly calibrated for measuring the volume of air a suspect exhales into the machine. The Intoxilyzer calculates the blood alcohol content (BAC) of a person by comparing the amount of alcohol vapor in the breath to the volume of air exhaled. The faulty breathalyzers appeared to measure many times over the actual breath volume. In order to create an accurate measurement of BAC, the machine must receive enough air to ensure the sample is not skewed by residual alcohol in the mouth or throat. If the machine incorrectly measures the quantity of air, it cannot arrive at an accurate BAC. It is also possible, according to the Herald-Tribune story, that the machine could indicate an insufficient volume, falsely implying the suspect failed to blow a sufficient breath into the machine, which in Florida can be charged as a “refusal,” i.e. where one refused to take the breath test, and cause the motorists to be subjected to a license suspension. The state has found that as much as 40 percent of the Intoxilyzer 8000 machines were malfunctioning. Not Foolproof This story illustrates that even police can make mistakes when making arrests for DUI in Florida – you have a right to fight a DUI claim if you believe you were improperly charged. Moreover, additional reports from California and Pennsylvania indicate problems with other breathalyzers used by police. Breathalyzers have been found to be faulty throughout the country; the machines may not have been properly calibrated or maintained, or, the officers may not have received proper training. All of these factors can compromise the accuracy of a breathalyzer test. Even open-and-shut cases may have their weaknesses.

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