Pumphrey Law Blog

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI manslaughter and vehicular homicide are similar yet distinct offenses. Vehicular homicide (Fla. Stat. 782.071) involves the death of a victim caused by the defendant’s reckless operation of a motor vehicle. DUI manslaughter (Fla. Stat. 316.193(3)(c)(3)) occurs when the death of a victim is caused or contributed to by a driver operating a motor vehicle while under the …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements Social Share

In Florida, DUI (driving under the influence) occurs when someone operates or is in actual physical control of a motor vehicle with a BAC of 0.08 or above, or when their normal faculties have been impaired by alcohol or any other substance.  But what happens when the impairment is caused by a drink that someone believed had no alcohol on …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a serious criminal offense that may be punishable by jail or prison time, hefty fines, license suspensions, and more. But in some cases, a lesser “wet reckless” charge for what was originally charged as a DUI may be a viable alternative to a DUI conviction. This blog will discuss the elements of DUI and potential penalties, …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI (Fla. Stat. 316.193) and BUI (Fla. Stat. 327.35) are both very serious criminal offenses that can carry major penalties (including a felony conviction in some cases). However, there are key differences between DUI and BUI that are worth exploring. This article will discuss the elements of both DUI (driving under the influence) and BUI (boating under the …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, the confusion doctrine is a legal principle that applies when a defendant receives an implied consent warning and a Miranda warning before submitting to a DUI test. This blog will discuss the confusion doctrine and how it may result in the suppression of evidence – especially given the recent passage of Trenton’s Law.  The confusion doctrine in is …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Trenton’s Law: Florida’s New Law On DUI, DUI Manslaughter, Vehicular Homicide, BUI Manslaughter and Vessel Homicide DUI (driving under the influence) and BUI (boating under the influence) manslaughter, as well as vehicular and vessel homicide, are very serious felony offenses in Florida. Now, the penalties are even heavier as a result of a new act from the Florida Legislature, titled …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, BUI (boating under the influence) manslaughter and vessel homicide are both extremely serious felony offenses that carry heavy penalties. Though both involve the death of a victim (or multiple victims) in connection to a vessel, there are key distinctions between the elements of these crimes and defenses.  This article will discuss the elements, criminal penalties, and available defenses …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

When officers are preparing an accident report and suspect someone was illegally driving under the influence, are confessions they make to police admissible? This blog will explore the accident report privilege and address when statements made to officers while investigating a traffic crash are admissible in criminal court. What is the Accident Report Privilege in Florida? In Florida, the accident …

April 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a very serious offense. Depending on the facts of a case, DUI can be charged as either a misdemeanor or a felony. Often, someone charged with DUI can face years of prison time under Florida Statutes Section 316.093 if found guilty at trial.  For someone to be arrested for DUI, it must typically be established that …