Out of State DUI

May 5, 2016

Cinco de Mayo DUI: What To Do If You Were Arrested in Florida

Cinco de Mayo is viewed as an American drinking holiday, just like St. Patrick’s Day, New Year’s Eve and Halloween. On the fifth of May, there is usually a rise in DUI arrests due to local law enforcement officers cracking down on drunk drivers using DUI checkpoints. If you have found yourself facing DUI charges, it is best to speak with a Florida DUI Defense Lawyer at Whittel & Melton as soon as possible so that you can better understand your legal rights.

We understand how to help you build the strongest possible case for DUI charges. We will start by collecting and analyzing the facts surrounding your case, including why the police stopped you in the first place and how they tested your blood alcohol content level.

Did you know that Breathalyzers can malfunction? Police can even make errors when it comes to the proper methods for administering these tests. A further investigation into the testing procedures could show that the equipment used may not have been maintained or calibrated properly. Let us help you mount the strongest possible defense for the specific DUI charges you are facing.

When it comes to DUI cases, it is important to act fast as there are deadlines for filing paperwork, and if these documents are not filled out correctly, this could weaken your chances of achieving the best possible outcome. Even if you are facing a first- time DUI arrest, you could still be looking at possible jail time. Prosecutors fight quite aggressively to enforce the maximum punishments on DUI offenders. As former prosecutors, we know what techniques the State will attempt to bring against you and can counter their attacks accordingly.

April 4, 2016

Retired Soccer Star Charged with DUI in Oregon

by Whittel & Melton, LLC

Soccer star Abby Wambach was arrested early Sunday on a DUI charge in Portland, Oregon.

Portland police claim Wambach, 35, was pulled over at 11:05 p.m. local time Saturday after failing to stop for a red light. She was arrested after allegedly failing a field sobriety test and was taken to Portland’s Central Precinct.

Wambach was booked at 2:02 a.m. local time Sunday and charged with misdemeanor DUII (driving under the influence of intoxicants), according to the Multnomah County Sheriff’s Office. She was released on her own recognizance and was described as being “polite and cooperative” with police.

She apologized for the incident on Facebook.

The leading career scorer — male or female — in international soccer, Wambach announced her retirement in October.

Wambach appeared in four World Cups with the national team. She also has a pair of Olympic gold medals from the 2004 Games in Athens and the 2012 Games in London. She did not compete in the Beijing Olympics because of a broken leg.

One of the most common questions from those facing DUI charges in Florida is what to do if you failed a breath or blood test. Fortunately, an expert DUI Defense Lawyer at Whittel & Melton can help you fight this aspect of the case.

If the test operator is unqualified, your breath test could be wrong. There are many things that can interfere with these machines, like radio transmissions, as well as mouth alcohol contamination or breath temperature variation.

Blood tests are not always accurate either. If an unqualified medical personnel handled the blood draw, these results could be inadmissible in a court of law. If the seal on the blood vial was past its expiration date, this could cause a false high test result. False results can also result from improper storage and handling of the blood or poor testing machinery.

Like all medical tests, breath and blood alcohol tests can yield false results. There are a plethora of things that can go wrong and give false high readings.

March 17, 2016

Stay Lucky On St. Patrick’s Day – Don’t Drink & Drive

by Whittel & Melton, LLC

St. Patrick’s Day is here! This holiday celebrates Irish heritage with food, green attire, music, dancing and, often, the consumption of alcohol. According to reports from the National Highway Safety Administration, St. Patrick’s Day sees one of the biggest increases in drunk driving arrests and accidents compared to the rest of the year. In fact, during the 2014 St. Patrick’s Day holiday period, more than 28 percent of all motor vehicle crash fatalities involved drunk drivers. Moreover, from 2010 to 2014, nearly three-fourths of the drunk-driving fatalities during this holiday period involved drivers who had blood alcohol contents (BACs) above the 0.08 limit. Of those crashes, 266 resulted in death.

If you are arrested for a DUI in Florida, you can face very harsh consequences. For a first offense, you could potentially serve time behind bars along with heavy fines, probation, suspension of your license and even the mandatory installation of an ignition interlock device. DUIs that involve bodily injury or death are even more serious and carry even more severe consequences.

The increased number of drunk drivers on the road on St. Patrick’s Day not only leads to an increased risk of becoming involved in an accident, but also an increased chance of being arrested. Law enforcement is well aware that holidays lead to more DUIs. Because of this, they increase patrols and set up DUI checkpoints in hopes of catching anyone drunk behind the wheel. They are ready to make arrests, so be aware of this as you are out celebrating.

November 25, 2015

Stay Safe & Prevent a DUI this Thanksgiving Holiday

by Whittel & Melton, LLC

Around 40 million drivers will be travelling on the roadways over the long Thanksgiving weekend to spend time with family and friends. In fact, Thanksgiving weekend is the most travelled holiday period of the year. It is estimated that 418 people will lose their lives in motor vehicle collisions in the United States this Thanksgiving weekend, according to the National Safety Council.

For college students, Thanksgiving Eve is sometimes referred to as “Black Wednesday,” and it is unofficially known as the busiest bar night of the year, which means it is also the biggest drunk driving night of the year.

As many people celebrate the Thanksgiving holiday, their celebration also includes the use of not just alcohol, but also drugs. Alcohol or drugs, or a combination of them, will put drivers at risk of being involved in a motor vehicle accidents that could kill or injure themselves as well as others.

It is important to mention that Florida has a Zero Tolerance policy for drivers under the age of 21. Any driver who is under 21 who is stopped by law enforcement officers and has a blood alcohol level of .02 or higher will automatically have his or her Florida driver’s license suspended for six months. There are many other devastating consequences that accompany a DUI conviction, including academic penalties as well as criminal consequences.

Avoid a DUI this Thanksgiving

There are a few tips that can be followed to prevent DUI injuries and deaths, including:

Plan a safe way to get home before heading out to your party
Before drinking, designate a sober driver

If you are intoxicated, please do not get behind the wheel of a car. Call a taxi, use public transportation, call a sober friend or family member, or even use a ride share app such as Uber or Lyft so that you are sure to get home safely.
Remember, Friends Don’t Let Friends Drive Drunk. Take the keys and help them make other arrangements to get where they are going safely.

November 3, 2015

Ohio State’s J.T. Barrett Arrested for Operating Vehicle While Intoxicated

by Whittel & Melton, LLC

Ohio State quarterback J.T. Barrett, 20, was suspended for one game on Saturday after he was arrested earlier that morning for operating a motor vehicle while under the influence, otherwise known as OVI.

According to ESPN, Barrett was trying to avoid a DUI checkpoint near the Ohio State campus and failed a Breathalyzer test.

His blood-alcohol content was .099, which is above the legal limit. He could have been suspended for two games under the school’s student-athlete drug and alcohol policy, but was only suspended for one game since the charge was a misdemeanor.

Barrett was released to teammate Cardale Jones.

Barrett, who is a sophomore, will be eligible to return on November 14. Ohio State, who is 8-0 this season, has a bye week this week and plays Minnesota next week.

People under 21 years old do not have to be drunk, or even “buzzed,” to be arrested and convicted for driving under the influence of alcohol or drugs in the state of Florida.

Special laws apply to minors because they are not legally allowed to consume any alcohol at all, and the consequences can be especially serious for college students. Any amount of alcohol in your system if you are pulled over can lead to a DUI arrest, which could result in a driver’s license suspension, potential jail time, significant fines and other life-changing consequences.

College students charged with DUI have a lot at stake and deserve personalized attention to their unique concerns when it comes to their criminal defense. Our Florida DUI Defense Lawyers at Whittel & Melton will listen to your side of the story, investigate all circumstances and possible defense strategies thoroughly, and offer our sound legal advice based on our years of experience in Florida criminal courts.

October 20, 2015

John Stamos Charged with Drug DUI in Beverly Hills Arrest

by Whittel & Melton, LLC

John Stamos was officially charged with DUI in Los Angeles recently, according to reports.

The 51-year-old actor is charged with one misdemeanor count of driving while under the influence of drugs, according to the Los Angeles County District Attorney’s Office.

Reports indicate that he was arrested after concerned onlookers reported his bizarre behavior and bad driving to police.

Stamos is accused of using the substance GHB to enhance his fitness and “lean out body mass.” This is often taken by bodybuilders.

If convicted, Stamos could face up to six months behind bars.

Florida law makes it illegal to operate a motor vehicle while under the influence of drugs and/or alcohol. Moreover, the state of Florida makes it illegal for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. When a person is accused of violating these laws, they can subsequently be charged with DUI.

Driving under the influence is a serious crime, and in far too many cases, people fail to take DUI charges seriously. A DUI conviction can result in jail time, heavy fines, a driver’s license suspension, mandatory DUI school, probation, the loss of a job and even a professional license.

September 23, 2015

EX-Falcon Jamal Anderson Arrested for Second DUI

by Whittel & Melton, LLC

Former Atlanta Falcons running back Jamal Anderson has been arrested again for DUI, according to reports.

Anderson, who played for the Falcons from 1994 to 2001, was arrested and charged after a traffic stop Sunday morning around 2 a.m., according to the Hall County Sheriff’s Office.

He was stopped on Friendship Road at Deaton Creek Parkway for failing to maintain his lane.

He bonded out of jail around 10 a.m. Sunday.

This is the second DUI arrest in less than a year for Anderson, who was charged in Gwinnett County last November after he was found passed out in his Cadillac Escalade near the I-85/Ga. 316 merger.

Anderson was reportedly scheduled to be arraigned Wednesday for the November charges, according to reports.

If you have been arrested for a DUI offense in Florida, with a prior offense on your criminal record, you have some serious potential penalties stacked against you. The consequences for a second drunk driving charge are greatly increased from a first offense. If you were arrested for a second DUI in Florida, a Florida DUI Defense Lawyer at Whittel & Melton can prepare you for what to expect.

The penalties for a second DUI conviction within five years of any prior DUI conviction may include the following:

At least 10 days in jail and maximum imprisonment of up to 9 months
12 months probation
Fines between $1,000-$4,000
At least 50 hours of community service
Vehicle impoundment or immobilization of 30 days
Minimum 5 years revocation of the driver’s license with no eligibility for hardship reinstatement until after one year
Mandatory ignition interlock device for 1-2 years

April 8, 2015

New Study Suggests Diet Soda Mixed with Alcohol Leads to Higher BAC

by Whittel & Melton, LLC

The results of a new study indicate that artificial sweeteners, like those found in diet sodas, actually increase blood alcohol concentrations in male and female social drinkers.

The study was conducted by doctors at Northern Kentucky University. The results were published in the medical journal Alcoholism: Clinical & Experimental Research.

Eight men and eight women, between the ages of 21 and 33 years old, and are social drinkers participated in the study. People who are infrequent drinkers were excluded from the study. Also excluded were people with diabetes, psychiatric disorders, head trauma or any other injuries to the central nervous system, as well as anyone who has substance abuse problems.

Participants came to three different sessions and were given random drinks and then had their blood alcohol content measured. The drinks consumed were either vodka and Squirt soda, vodka and Diet Squirt soda or vodka and a placebo drink. The drinks contained 1.97 ml/kg vodka mixed with 3.94 ml/kg of the soda or placebo. The vodka used in the drinks was 40 proof.

It was found that participants who consumed the drinks with the diet soda had significantly higher blood alcohol contents than those that consumed the drinks made with regular soda. The actual levels measured averaged 18 percent higher. Those same people also showed signs of greater impairment and slower reaction times.

The study concluded that diet soda mixed with alcohol results in higher blood alcohol contents than regular soda mixed with alcohol.

The results of the study confirm other related findings from previous studies done about how diet sodas can affect blood alcohol levels. In 2011, a group of researchers surveyed people who were leaving bars and asked participants to share what and how much they had drank, and allow researchers to take breath samples. This study also found that those who had consumed alcoholic beverages made with diet soda had higher blood alcohol readings.

March 27, 2015

Ravens Release Bernard Pierce Following DUI Arrest

by Whittel & Melton, LLC

Baltimore Ravens running back Bernard Pierce was charged with DUI last week after he was stopped for speeding in Baltimore County.

The team released Pierce later in the day.

Baltimore County police claim an officer stopped a Ford Mustang that was speeding around 2 a.m. ET Wednesday in Towson, just north of Baltimore.

According to a police spokesman, Pierce had been driving 55 mph in a 30mph zone, and then allegedly failed a series of field sobriety tests after he was stopped.

Pierce was taken to a station house in Towson for processing, and later released.

Pierce is charged with driving under the influence of alcohol, driving while impaired by alcohol and two additional speeding offenses.

This is not the first run in with the law that the Ravens have had recently. Five Ravens players were arrested last year, most notably running back Ray Rice for domestic violence. This criminal offense resulted in his suspension by the NFL and his release from the team.

A Florida DUI Defense Lawyer at Whittel & Melton can help prevent you from receiving a conviction for DUI. The penalties attached to a conviction are quite serious and could have a significant impact on your life moving forward. You do not have to face this process alone, our DUI attorneys can help you fight these charges. We can help you beat the charge successfully or possibly get you a reduced sentence, like probation or even get the charge dropped entirely.

There are many circumstances that surround a DUI arrest that can determine whether the State has a good case against you. The following are just a few of the details our DUI Defense Lawyers at Whittel & Melton will examine when fighting your charge:

Did the police stop you legally?
Did the police violate any of your constitutional rights when they arrested you?
The integrity of the Breathalyzer machine or the blood test administered that ultimately determined your BAC. Failure to maintain these systems properly could result in complete dismissal of your case.

March 17, 2015

Prevent a DUI Arrest on St. Patrick’s Day

by Whittel & Melton, LLC

St. Patrick’s Day is one of the most dangerous holidays to be on the road. As with most holidays, there is increased law enforcement presence, and there are drunk drivers everywhere. Celebrations on St. Patrick’s Day are notorious for the green beer and other alcoholic beverages. No matter how you choose to celebrate, keep in mind that law enforcement agencies across Florida will be stepping up their efforts to keep the roadways safe.

Saint Patrick’s Day Drunk Driving Facts

From 2009 to 2013, over the St. Patrick’s Day holiday, 276 people were killed in drunk driving crashes across the nation.
In 2013 on St. Patrick’s Day, 31 people were killed in drunk driving crashes.
In 2013, two out of five auto accident fatalities over Saint Patrick’s Day weekend involved drunk drivers.
On March 18, 2013, between midnight at 5:59 a.m., 55 percent of crash fatalities involved drunk drivers.

If you plan on celebrating today with green beer or any other form of alcohol, please do not get behind the wheel. If you are going to be drinking any alcohol, make sure you have a plan. Designating a driver ahead of time is a great way to make sure you have a safe ride home. However, sometimes plans fall through, so make sure you have a backup plan, too. Save a local cab company’s number in your phone or download a rideshare app like Uber or Lyft. Law enforcement officers will be out patrolling the roadways, so don’t risk your life, the lives of others, or a potential DUI arrest.