Stephen G. Cobb - Florida Criminal Defense Lawyer

Category: DUI

Florida Criminal Law: Underage DUI (Driving Under The Influence)

Florida has no tolerance1 for anyone under the age of twenty-one who is accused of driving a vehicle after consuming alcohol. You actually become a second class citizen if you are under twenty-one: while Florida’s legal blood alcohol concentration limit is 0.08 percent, if you are under twenty-one, you only need a blood alcohol concentration of 0.02 percent to be charged with underage driving under the influence. The penalties for an underage DUI conviction usually depend on the facts and circumstances of your case; however, in most cases, your driver’s license will be suspended for at least six months. Let’s… Read More

Destin Criminal Defense Attorney Discusses Famous Florida DUI Arrests

When you are arrested for DUI in Destin, Florida, you may feel ashamed or alone, afraid to tell your friends, family members, and co-workers about your encounter with the Destin police. While DUI convictions do carry serious criminal and administrative consequences such as jail time and driver’s license suspension, they do not define who you are as a person. In addition, you’d be surprised by how many individuals have DUI convictions on their records. Celebrities, actors, musicians, and politicians are notorious for DUI arrests. Below are some of the more famous DUI arrests in the state of Florida. Mel Gibson… Read More

Destin DUI Arrest: How Body Cameras Affect Your Case

Over the past few years, tensions have mounted against police forces across the country, including right in our backyard in Okaloosa County. Many citizens believe that police departments have become militarized and are overreaching their power by arresting individuals without adequate probable cause, using excessive force, and sometimes responding to minor altercations with deadly force. Florida law enforcement authorities have been sitting down with citizens and advocacy groups to discuss how to rebuild trust in the community and increase faith in the police force. While many solutions have involved making changes in training or how officers respond to incidents, one… Read More

What Happens To Your DUI Case When Your Rights Are Violated In Destin?

You have certain constitutional rights when you are stopped on suspicion of drunk driving or are arrested. I have previously discussed your right against unreasonable searches and seizures covered by the Fourth Amendment, as well as your Miranda rights under the Fifth Amendment. As a refresher, the Fourth Amendment protects you against (1) stops when reasonable, articulable suspicion does not exist, (2) arrests when there is no probable cause, (3) searches of your person prior to an arrest if there is no probable cause that a specific item will be found on you, (4) searches of your home without your… Read More

Protecting Your Miranda Rights During a Fort Walton Beach DUI Arrest

When you are arrested for driving under the influence, you have certain rights. These rights include the Fourth Amendment right against unreasonable searches and seizures, the Sixth Amendment right to a speedy trial, and the Fifth Amendment right to remain silent. In a previous post, I discussed your Fourth Amendment rights during a DUI traffic stop. In this post, I will explain when you have the right to remain silent under Miranda and how this right works. Arizona v. Miranda The Fifth Amendment states, in part, that no person “shall be compelled in any criminal case to be a witness… Read More

New Innovations In Drunk Driving Prevention Can Help Fort Walton Beach Residents

Recent studies and inventions have shown that drunk driving and DUI arrests can be reduced by encouraging drivers to implement certain steps or attitudes. Uber Mothers Against Drunk Driving, a non-profit advocacy group formed by mothers whose children were killed in alcohol-fueled crashes, has partnered with Uber, the ridesharing phone application, in combating the prevalence of drunk drivers on the road. The two organizations conducted a survey and study and found that the introduction of Uber into a market decreased alcohol-related accidents by 6.5%. This has also led to a 10% decrease in DUIs in some states. Since the advent… Read More

Destin Criminal Defense Lawyer Explains How a Police Officer Determines Whether You Are Intoxicated

Being arrested and charged with a DUI is a serious matter, and in Florida, is prosecuted heavily.  And, with a conviction, you not only face potential jail time, but also a permanent criminal record as well as other life altering consequences.  Accordingly, in the State of Florida, it is against the law to drive: Under the influence of alcohol or drugs if either impairs your “normal faculties” or With a blood alcohol concentration (BAC) of 0.08 or higher. Most of the time, when an Okaloosa County police officer stops your vehicle, he or she has no idea what you had… Read More

Fort Walton Beach Criminal Defense Lawyer Discusses What Happens During a DUI Traffic Stop

During a typical traffic stop in Fort Walton Beach, an intoxicated driver will be on a public roadway like US-98 or I-10, and the driver will either break a traffic law, be driving recklessly, or cause an accident. A police officer will signal for the driver to pull over and will approach the driver’s window. If the officer suspects that the driver is intoxicated, such as due to a strong odor of alcohol, open beer cans in the car, or slurred speech, the officer will ask the driver to get out of the car. The officer will then perform a… Read More

What To Do at a Fort Walton Beach DUI Checkpoint

They seem to appear at regular intervals throughout the year much like spring flowers and autumn leaves. “They,” of course, refers to “DUI” or “sobriety” checkpoints. Fort Walton Beach law enforcement agencies as well as other law enforcement agencies regularly operate “DUI checkpoints” at certain times of the year, including around holidays. Even if you have not touched a drop of alcohol all night, having to go through a DUI checkpoint in order to get home can be a stressful experience. If you have had alcohol, you may be in a state of panic upon seeing signs warning you of… Read More

What Is DUI Manslaughter In Florida?

A DUI charge in Okaloosa County can be unsettling. The prospect of hefty fines and administrative costs – not to mention jail sentences and/or community service requirements – makes even a first-time DUI offense a serious matter. But the penalties for even a third or fourth conviction for DUI in Florida pale in comparison to the consequences that await drunk or impaired drivers who kill someone in a DUI crash. A conviction for DUI manslaughter carries with it mandatory prison sentences that can range from a minimum of four years and are imposed in addition to heavy fines and a… Read More