Charles L. Truncale
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A Former Federal Prosecutor Who Now Fights For Defendants

Clause in DUI law allows people to drive after being detained

A recent increase in wrong-way auto accidents that involve drunk drivers in Florida has led reporters to the discovery of several loopholes in Florida law. One of these loopholes allows drivers who have been detained for driving under the influence to continue driving. Florida citizens are upset about the loophole, which they believe puts citizens at risk of being involved in an accident with a drunk driver.

According to investigators, when a person is detained for DUI, there is a clause in the documents that allows suspects to continue to drive until they have gone to trial if a Breathalyzer or blood alcohol test shows that they are below the .08 legal limit. The DUI citation serves as a temporary driving license for 10 days after the citation was issued. The Florida state attorney says that though it seems like it is a loophole, the clause is part of the system of due process.

One Florida man had been awaiting trial for a previous alleged DUI for almost a year when he reportedly drove drunk again. During this incident, he drove the wrong way down a bridge, which resulted in a head-on crash that killed him and resulted in the other driver being hospitalized with severe injuries. A spokesperson for Mothers Against Drunk Driving said that people who are detained for DUI have already driven while drunk 70 to 80 times before and that only a small percentage of people who drive under the influence are actually found. She believes that the clause puts other drivers at greater risk of being hurt or injured in a crash.

When a person is suspected or charged with a DUI, the prosecution relies on the results of the Breathalyzer or blood alcohol test in order to prove that he or she did drive while drunk. Without this evidence, it may be difficult to prove that an individual drove while under the influence. A DUI defense lawyer may be able to help decrease or dismiss the charges in light of the lack of evidence.

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