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Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals
* Statistics Verified by County Clerk of Court Documents
Pumphrey Law Blog
Category: Drunk Driving/DUI
Major FL Court Reverses DUI Conviction Due to Biased Jury
January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share
Florida’s 5th District Court of Appeal reversed a defendant’s DUI conviction due to the judge’s failure to excuse a potential juror, who said he would give more credibility to a testifying police officer than any other witness. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. Picking jurors that are impartial (e.g. …
Read MoreFlorida Court Issues Major Ruling On What It Means To “Operate” Vessel
October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share
A major new Florida court ruling clarifies that even someone who was not in actual physical control of a vessel can be charged with vessel-related crimes, such as BUI and reckless boating. In Florida, vessel-related crimes are very serious. These range from careless or reckless operation of a vessel (generally considered misdemeanors), to BUI (boating under the influence). Depending on …
Read MoreMajor Florida Court Reinstates DUI Charges, Clarifies Reasonable Suspicion Under Totality of the Circumstances
October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share
A major new Florida court ruling reinstated a defendant’s DUI charges, finding that reasonable suspicion for DUI must be evaluated based on the “totality of the circumstances.” In Florida, police officers must develop reasonable suspicion that a driver is committing, has committed or is about to commit a crime to detain them by stopping their vehicle. This may include suspicion …
Read MoreProximate Cause for DUI Manslaughter vs. Vehicular Homicide in Florida
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 …
Read MoreVodka in Celsius Cans? New Report Raises Major DUI Concerns in Florida
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 …
Read MoreDUI vs. Wet Reckless in Florida: What’s the Difference?
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, …
Read MoreDUI vs. BUI in Florida: What to Know
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 …
Read MoreFlorida DUI: The Confusion Doctrine and Trenton’s Law
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 …
Read MoreAll About Trenton’s Law in Florida
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 …
Read MoreDon Pumphrey, Jr.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
