In Florida, the Implied Consent Law discusses how and during which situations law enforcement can request and administer breathalyzer, urine analyses, and in some situations, blood tests during DUI investigations in order to determine an individual’s blood-alcohol level or level of impairment. The Statute – Section 316.1932 of the Florida Statute Florida’s Implied Consent Law is codified in Section 316.1932 …
Unfortunately, most people have gotten into a minor car accident, also called a fender-bender. A lot of times, these fender-benders occur at a low speed when someone rear-ends someone else. In cases where both drivers are uninjured and find minor damage to either one or both of their vehicles, they may wonder if calling the police is really necessary. Despite …
The Challenge On October 6, 2021, the First District Court of Appeal decided the case of Wilson v. Florida. This case went on appeal arising out of the Circuit Court for Alachua County. Samuel Brian Wilson, the Appellant, challenged an order awarding restitution to the victim of the drunk driving accident he had caused. The Appellant argued that the restitution …
It’s no shock that Florida’s warm weather, beautiful beaches, amusement parks, and other vibrant attractions make it one of the nation’s leading vacation destinations. In fact, the state attracted nearly 87 million tourists in 2020. Although this number is low compared to the 131 million that flocked to Florida in 2019, the fact the state was still able to garnish …
If you or a loved one are ever pulled over by a law enforcement official, it is important to know if the officer is acting lawfully outside of their jurisdiction. A question that often comes up in DUI investigations is whether a law enforcement officer can participate in a DUI investigation outside of their jurisdiction? An example would be an …
When stopped by a police officer under suspicion of driving under the influence, you or a loved one may have to take a breathalyzer, breath test, or sobriety test. It also might be called an “Intoxilyzer”, but this name just refers to a more dated version of a breathalyzer test. To learn more about Intoxilyzer tests specifically, visit our blog …
Marijuana has been a hot topic in the press and political spheres for years now due to the rapidly changing laws surrounding the drug. Many states are repealing or amending their marijuana laws in light of studies and social consciousness that promote the plant’s benefits[1], like reducing pain for those suffering from arthritis, fibromyalgia, endometriosis, and migraines, managing anxiety, epilepsy, …
If you or a loved one has been charged with a crime, and you were intoxicated during the commission of the crime, then you may be able to assert an involuntary intoxication defense depending on the circumstances. If you believe that your arrest was a result of involuntary intoxication, it is important that you seek representation from an experienced criminal …
What is a BUI? It is common to hear stories about people convicted of driving vehicles while under the influence of drugs or alcohol. Although less common, people may also be convicted of driving boats while similarly impaired. In Florida, there are many instances where people head out on the water to enjoy a day with friends, and it is …
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.