Jail or Treatment

Jail or Treatment

If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility.  For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence.  However, if the court approves, all or part of this sentence may be served in a residential Read More

DUI

Diabetes and DUI: Legal Defenses for Diabetics charged with DUI

Diabetes and DUI are complicated legal and medical issues. If you have diabetes and are arrested for DUI, you may have a defense.  Especially if you took a breath test and blew over the legal limit. Contact our experienced Trinity DUI defense attorneys to discuss your defenses.

Most people think breath tests are accurate.  Breath tests are not always accurate, especially if you have certain medical conditions. Diabetes can significantly affect the accuracy of the … Read More

DUI

DUI Eye Tests – Horizontal Gaze Nystagmus

When you are stopped for suspicion of DUI, the officer may give you a DUI eye test, called the Horizontal Gaze Nystagmus or HGN.  It’s one of the ways police officers use to determine a driver’s sobriety. You may have seen this where the officer holds a pen light up to your eye and tells you to follow it without moving your head.

One of the more popular exams is the Horizontal Gaze Nystagmus (HGN) … Read More

Will I go to jail for DUI?

Many times a client comes into my office asking: “Will I go to jail for DUI?”

Most times, the person has a prior conviction and has some knowledge of the law.

They know that if they have a:

  • second conviction within five years there is a mandatory 10 day jail sentence.
  • that a third offense within 10 years carries a minimum 30 day jail sentence or can be filed by the State Attorney’s Office as
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DUI refusal

DUI Blood Test

DUI Blood Tests

The U.S. Supreme Court  decided last week that making it a crime to refuse a DUI Blood Test is unconstitutional.  Does that they can’t give you a DUI blood test?  No.  They can, but they have to get a warrant.  And the states can’t make it a crime to refuse a blood test.

Breath test refusals are still criminalized.  In Florida, a refusal to take the breath test in a DUI investigation … Read More

Boating Under Influence

Tampa crackdown on Boating Under Influence

 

Boating Under Influence

BUI, or Boating Under Influence, is a misdemeanor crime in Florida.  This weekend, June 24-26, 2016, Florida Fish and Wildlife officers will be cracking down on drunk boating throughout the state.  

Keep in mind that on a boat, any law enforcement officer can stop your boat for any reason. They do not need probable cause as in a DUI.  Types of law enforcement officers we’ve seen while boating in St Petersburg, … Read More

DUI Consent to Police

Consent to Police

Being investigated by a police officer is a very intimidating situation.  This is true whether you are a suspect or completely innocent of a crime.  One of the most usual stories we hear from clients involves consent to police searches and questioning.  What is even more amazing is how often people think they didn’t have a right to refuse the officer.  Most times, the situation involves a traffic stop or investigation of … Read More

Car Crash Auto Accident

DUI Crash Investigation Statements

There is a well known law in Florida that statements you make to a police officer investigating your traffic accident  cannot be used against you at a criminal or civil trial.  The law was made to encourage people to be truthful during accident investigations.  This rule becomes very important if you are later charged with DUI.  DUI Crash Investigation Statements can’t be used against you in a criminal trial.  UNLESS the officer:

  • Specifically informs you
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Dan Pawuk wins DUI appeal in Pasco County, Florida

Daniel Pawuk specializes in DUI’s. He loves the technical legal issues involved in DUI’s. He knows more about Breathalyzers than scientists.  He knows more about the administrative rules than most cops.  And he loves to cross examine police officers at trial.

Recently, Mr. Pawuk handled a DUI case where he filed a Motion to Suppress the stop of the vehicle.  Simply, Mr. Pawuk successfully argued that the cop was legally wrong when he pulled the … Read More