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The Florida Third District Court of Appeal recently released an opinion in Osorio v. State, __ So.3d ___, 51 Fla. L. Weekly D 210, 2026 WL 290998 (Fla. 3d DCA 2026), which serves as a powerful reminder that experienced counsel can identify critical legal issues that might otherwise go unnoticed. In this case, a DUI […]
In a formal review hearing, we have always served a subpoena duces tecum to the officers for any video related to the DUI arrest. Watching the video before the formal review hearing is critical. The DHSMV does not make it easy to get those videos, but with a bit of planning, it can be done. […]
What happens when law enforcement officers enter the curtilage of the home or other private property without a warrant for a DUI investigation? The Fourth Amendment protects homes from unreasonable searches and seizures without a warrant unless the court finds an exception for an exigent circumstance. Those Fourth Amendment protections extend to the curtilage of […]
We are often asked this question: “I reside in Florida and have a Florida driver’s license, but I was arrested for DUI while I was out of state. What impact will a DUI conviction in another state have on my Florida driving privileges?” The arrest itself, even if accompanied by an on-the-spot administrative suspension of […]
One of the best ways to win a DUI breath test case (sometimes called the “DUBAL”) is to get the court to suppress the breath test, making it inadmissible at trial. In one of our recent cases, the Honorable Mary Catherine Green, in the courthouse in Lakeland, FL, suppressed our client’s breath test reading that […]
DUI Refusal in Polk County If you were arrested for DUI in Polk County, FL, the arresting officer probably asked you to submit to a breath test by blowing in a machine called the Intoxilyzer 8000. If you refuse to submit to that breath test, the arresting officer reads an implied consent warning. The warning […]
In many driving under the influence (DUI) cases in Florida, the arresting officer has difficulty remembering how the subject did on field sobriety exercises. These problems are most pervasive when there is no video recording of the roadside investigation. In those cases, the prosecutor might ask the officer if reviewing his report would refresh the […]
After a DUI arrest, you might face two consequences to your driver’s license. The first is the on-the-spot administrative suspension, typically explained in a notice printed on your DUI citation. The second is the revocation of your driver’s license, which the court orders at the time of a DUI conviction for at least six (6) […]
After a DUI arrest, if you demand a formal review hearing and the administrative suspension is not invalidated, you will qualify for a hardship license until after the hard suspension. The hard suspension period is: 30-day for a first DUI with a BAC over .08; a 90-day hard suspension for a DUI with a first […]
2026 DUI Penalty Chart in Pinellas County, FL After a DUI arrest in Pinellas County, FL, contact an attorney at Sammis Law Firm. Our offices at 14010 Roosevelt Blvd #701, Clearwater, FL 33762, are located near the courthouse and DHSMV. We provide free and confidential consultations to discuss your case with an experienced attorney. Call […]
