Do I have to perform the roadside sobriety test?
Field sobriety tests are completely voluntary. You didn’t know that? Read here to find out more and the implications involved in either agreeing or refusing to comply with a request for a test.
What is DUI Entrapment and how can I defend myself
Have law enforcement officials misled you into driving under the influence? Were you not intending to drive under the influence? Learn here about entrapment and how you can protect yourself.
First Time DUI Offense But Can’t Afford a Lawyer – What Now?
If you can prove unable to afford representation then a Public Defender will be granted to you, right? Read how the Supreme Court has a way around the 6th amendment for first time DUI offenders that leaves you without free representation.
What happens to my record when I get a D.U.I.?
A DUI is not classified as a criminal felony, nor is it a criminal misdemeanor. I explain here exactly how a DUI is classified and how it will appear on your record, as well as the possibility of having the conviction removed entirely.
Faced with your first DUI? Florida has minimum mandatory penalties
Your first run-in with DUI court? Learn exactly what you are facing. Pursuant to Florida Statute 316.193 the Legislature has provided for certain penalties that a person in Florida must get if they are convicted of a first D.U.I.
Should I ask for an independent blood test if arrested for a DUI?
Yes. Florida law provides that upon your request for an independent blood test the police must allow you to do so after they complete their breath testing. The police must provide you with a way to obtain such an independent blood test but it will be at your expense....
Why might the police not read Miranda rights as soon as I am arrested?
The police are not required to read the Miranda rights just because you have been placed under arrest. Unlike the TV cops, the real police only have to read it when you are in custody (not free to leave) and only if the questions they are asking are going to lead you...
What should I do if I encounter a DUI checkpoint or roadblock?
Periodically, the police set up DUI checkpoints but there are rules and regulations that they must follow. In addition a notice must be published in a local newspaper the day before. The rules require the police to follow certain guidelines. For example the police...
Upon being arrested for DUI should I refuse to give a breath test sample ?
Although the Florida implied consent law says upon the request of a law enforcement officer you must give a breath sample you still have the option to refuse.  This will result in less evidence  being presented against you in court...
What does it mean if I get a notice from the DMV that I am a Habitual Traffic Offender and that my license is suspended for 5 years?
 This occurs when you have three Driving While License Suspended charges on your record convicted or not within a 5 year period. 2. It can also occur if you have two DUI convictions within a  5 year period. It also occurs if you...
Probable Cause For A DUI Arrest
Probable cause for a DUI arrest must be based on more than just a belief or mere suspicion that a driver has consumed alcohol and must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol...
Equal Justice in DUI Cases? It All Depends
Justice isnt necessarily equal for people charged with drunk driving. Where a driver is arrested, whether he can afford a lawyer, which lawyer he hires, which judge the case is assigned to — all can have a tremendous effect on the outcome. The Miami Herald found...
Trustworthy?
The Miami-Dade Commission on Ethics and Public Trust is supposed to be a trustworthy outfit. Ms. M. Ronquillo, a former secretary there, is hardly the best example. State attorney investigators busted her for felony grand theft. Allegedly, Ms. Ronquillo ripped off the...
Man Charged with Taking Money, But Not Doing the Work
Surfside police say a con artist bilked several residents out of hundreds of thousands of dollars for construction work he never completed. by Casey Woods cwoods@herald.com Surfside police have arrested a man on fraud charges, saying he took...
Case Victories
About Attorney Roger Elkins – DUI Case Victories: Dade County Date of Win: 03/04/2013 – Case No: 7091-XEX