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Florida Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Florida or Court of Appeals of Florida where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Henderson v. State - 12/2/2005
Antonio Zynell Henderson appeals the denial of his Florida Rule of Criminal Procedure 3.800 (a) motion to correct his sentence that he alleges is illegal because the sentencing court scored two prior misdemeanor DUI convictions as...

In re Maloney - 12/1/2005
Original Proceeding - Judicial Qualification Commission We review the recommendation of the Judicial Qualifications Commission, (JQC), that Judge Dennis Maloney be disciplined. We have jurisdiction. See art. V, § 12, Fla. Const....

Florida Bar v. Cohen - 11/23/2005
Original Proceeding - The Florida Bar The Florida Bar seeks review of a referee's report recommending a thirty-day suspension, offset by credit for time served pursuant to a criminal incarceration, and a three-year probationary...

Walker v. State - 11/23/2005
Before GERSTEN, GREEN, and RAMIREZ, JJ. Lawton Robert Walker appeals an order modifying a condition of probation. We affirm. Appellant pled guilty to one count of DUI manslaughter in exchange for a sentence of six years...

Parson v. State - 11/16/2005
Christopher Parson appeals a trial court order summarily denying his motion for post conviction relief, as amended. We affirm in part, and reverse and remand in part. Parson pleaded guilty to two counts of DUI causing serious...

Sullivan v. State - 11/10/2005
Appellant pled guilty to felony DUI, reserving for appeal the dispositive issue of whether the trial court erred by denying his motion for discharge based on a purported speedy trial violation. We affirm, albeit not for the reason...

State - 11/9/2005
Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge. The petitioner, State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of a circuit court appellate division decision reinstating...

State v. Kutik - 11/4/2005
The State appeals an order granting exclusion of Matthew Donald Kutik's ("Kutik") medical records, which contained his blood alcohol test results. Kutik was in an automobile accident resulting in a death. During Kutik's treatment,...

Boyd v. State - 11/4/2005
Darius Boyd appeals his convictions for DUI manslaughter; driving while license suspended, revoked, or cancelled; and obstructing or resisting an officer without violence. Counsel for Boyd filed an Anders brief identifying a minor...

State - 10/19/2005
Before LEVY, GERSTEN and ROTHENBERG, JJ. The Department of Highway Safety and Motor Vehicles ("Department"), appeals the trial court's order dismissing its complaint for probable cause. We reverse. On November 28, 2004, a...

In re Henson - 10/12/2005
Original Proceeding - Judicial Qualifications Commission Article V, section 12 of the Florida Constitution vests this Court with the authorityto determine both whether a judge has engaged in misconduct and whether that misconduct...

Cornelius v. State - 10/12/2005
EN BANC Ott Cornelius, II, seeks review of an order denying his Florida Rule of Criminal Procedure 3.850 motion. At issue is Cornelius's challenge to his plea as involuntary in light of the Legislature's enactment, effective July...

Esler v. State - 10/7/2005
Tina Esler appeals her Hillsborough County convictions for driving under the influence with serious bodily injury and leaving the scene of a crash with injuries. We affirm Esler's conviction for leaving the scene of a crash with...

McNamee v. State - 6/29/2005
The defendant appeals his conviction and sentence on two counts of premeditated first degree murder, one count of robbery with a firearm, one count of burglary of a dwelling while armed, and one count of grand theft of a firearm. He...

Walters v. State - 6/28/2005
Robert Walters appeals an order of the circuit court denying his motion for writ of mandamus. Walters sought mandamus relief to challenge a county court order that refused to accept his written waiver of appearance at a pretrial...

Mollenberg v. State - 6/24/2005
Mollenberg appeals his conviction for driving under the influence. This Court has discretionary jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(A) because the county court certified the following question as...

Mosby v. Harrell - 6/23/2005
The appellant challenges the trial court's dismissal with prejudice of three counts of his complaint for failure to state a cause of action against the Florida Department of Law Enforcement (FDLE) upon the trial court's determination...

State v. Iaco - 6/22/2005
The State, pursuant to Florida Rules of Appellate Procedure 9.030(b)(4)(B) and 9.160, appeals two county court orders granting the defendants' motions to exclude the results of the breath tests and certifying a question of great public...

Smallridge v. State - 6/20/2005
This is an appeal from two convictions of manslaughter while driving under the influence of alcohol (DUI) in violation of section 316.193(3)(c)3, Florida Statutes (2001). We affirm all issues and specifically address five of the eight...

State v. Rodriguez - 6/17/2005
The state appeals an order suppressing cocaine seized after law enforcement officers stopped Frankie Rodriguez for a traffic law violation. The trial court ruled Rodriguez did not violate any civil traffic infraction and his unusual...

State - 6/15/2005
In these consolidated petitions for writ of certiorari, we are faced with a constitutional question of whether the use of non-lawyers as hearing officers, in formal hearings pursuant to section 322.2615(6), Florida Statutes, violates...

McBride v. State - 6/15/2005
ON REMAND FROM THE SUPREME COURT OF FLORIDA This case is before us on remand from the Florida Supreme Court. Joseph McBride challenges his conviction for DUI manslaughter, which arose out of an incident in which he drove his car...

Embrey v. Dickenson - 6/13/2005
Petition for Writ of Certiorari - Original Jurisdiction. Petitioner seeks review of the circuit court's order upholding the Department's order requiring petitioner to install an ignition interlocking device or to face revocation...

Sawyer v. State - 6/10/2005
This court's mandate issued April 26, 2005, is recalled. The prior opinion dated April 8, 2005, is withdrawn. The attached opinion is substituted therefor. The only modification in the revised opinion is the inclusion of an...

Belvin v. State - 6/8/2005
Petitioner Bruce Belvin seeks certiorari review of a final decision of the Palm Beach Circuit Court, rendered in its appellate capacity, affirming his conviction and sentence for driving under the influence of alcohol. Because we agree...

Longley v. State - 6/3/2005
Longley appeals from the judgment of guilt and sentence imposed on him following the revocation of his probation. Longley was originally placed on probation by Judge Anthony Johnson but Judge Frank Kaney presided over the revocation...

Olguin v. State - 6/1/2005
Before LEVY, COPE, and WELLS, JJ. Armando Bahena Olguin appeals from a conviction and sentence for leaving the scene of an accident involving a death claiming insufficiency of the evidence and fundamental error regarding a jury...

[W] Lovelace v. State - 6/1/2005
The issue presented by this petition for writ of prohibition is whether a violation of the speedy trial rule for a misdemeanor DUI charge precludes a felony DUI charge based on the same incident and prior DUI convictions. We hold that...

Gurry v. Dep't of Highway Safety - 5/27/2005
Gurry seeks certiorari review of a circuit court's appellate decision affirming the Department of Highway Safety's hearing officer's final order, which suspended Gurry's driver's license for six months. We deny Gurry's petition because...

Green v. Dep't of Highway Safety and Motor Vehicles - 5/23/2005
Petition for Writ of Certiorari - - Original Jurisdiction. Rockallen Green (Petitioner) seeks certiorari review of the circuit court's denial of his petition for writ of certiorari. Our inquiry on second-tier certiorari review is...

Proctor v. State - 5/12/2005
Pursuant to a plea agreement, appellant was sentenced to 20 months in prison, followed by three years of probation, on charges of fleeing or attempting to elude, leaving the scene of an accident with personal injuries, and misdemeanor...

In re Florida Bar McGraw - 5/12/2005
Original Proceeding - The Florida Bar We have for review a referee's report recommending that Andrew R. McGraw be reinstated to the practice of law in Florida. We have jurisdiction. See art. V, § 15, Fla. Const. For the reasons...

Dixon v. State - 5/11/2005
Before GREEN, RAMIREZ, and SUAREZ, JJ. Appellant/Defendant, Cliff Ross Dixon, appeals from a Circuit Court order denying his petition for writ of prohibition to bar trial and argues that the trial court improperly denied his...

State v. Cameron - 5/11/2005
Respondent defendant, while driving his boat under the influence at a high rate of speed, struck another boat and killed six people. After he was found guilty of both manslaughter while operating a vessel under the influence of alcohol...

Dep't of Highway Safety and Motor Vehicles v. Rigau - 5/4/2005
The Department of Highway Safety and Motor Vehicles ("DHSMV") challenges the trial court's order sealing the record of the suspension of the driver's license of Michael Rigau. Because the trial court lacked authority to seal the...

Burnette v. State - 4/27/2005
Daniel Burnette seeks review of the final judgment and sentence adjudicating him guilty, following a jury trial, of possession of diazepam, driving under the influence, driving while his license was suspended or revoked, and refusing...

Benitez v. State - 4/27/2005
The defendant appeals his conviction and sentence for aggravated assault on a law enforcement officer with a firearm, driving with a suspended driver's license, and driving under the influence. He argues the court erred in denying his...

T.H.E. Insurance Co. v. Dollar Rent-A-Car Systems - 4/22/2005
T.H.E. Insurance Company, ("T.H.E."), appeals a summary final judgment finding that its supplemental liability policy issued by its agent, Dollar Rent-A-Car, ("Dollar"), to Sean McGrath, provided liability coverage to McGrath,...

State v. Rygwelski - 4/22/2005
The State seeks certiorari review of the trial court's order denying John Henry Rygwelski's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2001), but holding...

Garcia v. State - 4/21/2005
We have for review the decision in Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003), which certified conflict with the decision in Goodman v. State, 839 So. 2d 902 (Fla. 1st DCA 2003). We have jurisdiction. See art. V, § 3(b)(4),...

Doyon v. Dep't of Highway Safety and Motor Vehicles - 4/20/2005
This case concerns an administrative order of the Department of Highway Safety and Motor Vehicles (DMV), requiring a person recently convicted of driving under the influence (DUI) to have ignition interlock devices installed on any...

[W] Sawyer v. State - 4/8/2005
David Sawyer seeks certiorari review of the circuit court's opinion affirming the county court's denial of his dispositive motion to suppress evidence. A law enforcement officer conducted field sobriety tests and arrested Sawyer for...

Sexton v. State - 4/7/2005
Kent Sexton appeals an order of the lower court denying his motion to dismiss a charge of manslaughter, contending that the evidence relating to his motor-vehicle accident was insufficient to establish a prima facie case of culpable...

Johnson v. State - 4/6/2005
Appellant, Tameka Johnson, has timely appealed the revocation of her probation, arguing that the trial court revoked her probation on a charge not alleged in the affidavit and then failed to make sufficient factual findings to support...

Virant v. Bunce - 4/1/2005
Joseph K. Virant, Jr. ("former husband") appeals a non-final order temporarily suspending his visitation with his minor child. We affirm. After a hearing on the former wife's pendente lite motion for visitation suspension, the...

Ayres v. State - 4/1/2005
We grant Petitioner's Motion for Written Opinion. In this DUI case, Petitioner seeks certiorari review of a decision of the circuit court, acting in its appellate capacity, that reversed the county court order discharging Petitioner...

Hamzik v. State - 12/17/2004
The appellant, Travis Peter Hamzik, was convicted of DUI manslaughter, and sentenced accordingly. Mr. Hamzik raises eight issues on appeal, none of which demonstrate that error was committed. With respect to the issue of whether Mr....

Souza v. State - 12/17/2004
The issue presented by this appeal is whether the crime of DUI Manslaughter is a qualifying enumerated offense under the Prison Releasee Reoffender Act. We conclude that it is, and affirm. The appellant, Joseph Allen Souza, who...

Weaver v. State - 12/16/2004
Jeffrey Lee Weaver appeals his conviction of first-degree murder of a law enforcement officer and a sentence of death. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. In sentencing Weaver to death, the trial judge overrode the...

Hernandez v. State - 12/10/2004
Epifanio Hernandez pleaded guilty to DUI manslaughter (count I) and DUI serious bodily injury (count II) in 1990. Now, fourteen years later, he has served time in prison on count I and on probation for both counts. The State has also...

Nordelus v. State - 12/8/2004
Appellant moved for relief under rule 3.850, alleging that his plea to DUI manslaughter and DUI with property damage was involuntary because he was not advised that it would result in his driver's license being revoked. The trial court...

Dep't of Highway Safety and Motor Vehicles v. Brandenburg - 12/3/2004
The Department of Highway Safety and Motor Vehicles appeals from an order of the county court which required the Department to revoke Deborah Brandenburg's driver's license, effective nunc pro tunc, to a date different than that of her...

State v. Torres - 12/3/2004
The State of Florida appeals the trial court's order dismissing the pending charge against Jason Torres. The trial court concluded that the pretrial supervised release condition to undergo counseling constituted punishment and that no...

Everett v. State - 11/24/2004
We review a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. As explained below, we affirm both. I. THE FACTS AND PROCEDURAL HISTORY The...

Farrall v. State - 11/17/2004
We affirm appellant's, David Farrall, conviction and sentence on the charge of driving under the influence/unlawful blood alcohol level (DUI/UBAL). We affirm on all issues raised and write only to discuss the issue of whether the trial...

Thomas v. State - 11/3/2004
Dario Thomas appeals his convictions for two counts of robbery with a firearm and his sentence to thirty years in state prison. He raises four points on appeal: (1) that the trial court erred as a matter of law in allowing the state to use...

Cartwright v. State - 11/3/2004
Joseph Cartwright appeals his conviction for burglary of a dwelling. He contends that the trial court erred in denying his motions for mistrial made after the court allowed: (1) the victim's testimony about a prior burglary at his home;...

Bonilla v. State - 10/15/2004
Gamalier Bonilla appeals the summary denial of two motions he filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He is entitled to relief here and is probably entitled to jail credit below. We leave the exact...

Schmidt v. State - 10/6/2004
Defendant appeals the denial of his rule 3.800(a) motion to correct an illegal sentence, arguing that his sentence is illegal because it exceeds the statutory maximum for a second degree felony and that he should be resentenced. We...

Sehnal v. State - 10/6/2004
Michelle Sehnal appeals the summary denial of her Florida Rule of Criminal Procedure 3.850 motion to vacate a plea which she entered in 1995. The trial court denied the motion as untimely. We affirm. In 1995, Sehnal entered a guilty plea...

Searles v. State - 9/30/2004
We have for review the decision in Searles v. State, 816 So.2d 793 (Fla. 2d DCA 2002), which expressly and directly conflicts with this Court's decision in Cardenas v. State, 867 So.2d 384 (Fla.2004), on the harmless error analysis to be...

McBride v. State - 9/30/2004
We have for review McBride v. State, 816 So.2d 656 (Fla. 2d DCA 2002), which expressly and directly conflicts with this Court's decision in Cardenas v. State, 867 So.2d 384 (Fla.2004) on the harmless error analysis to be applied in DUI...

Kirkland-El v. State - 9/29/2004
After having agreed to delete a jury instruction on the duty to retreat in appellant's trial for aggravated battery with a deadly weapon, the trial court changed its mind and instructed the jury that appellant had such a duty, undermining...

Gill v. State - 9/24/2004
Clifton Gill appeals an upward departure sentence imposed under the 1994 sentencing guidelines in a Heggs [FN1] resentencing proceeding. The State cross-appeals the sentence. Both Gill and the State challenge the trial court's...

Cameron v. State - 9/22/2004
We affirm appellant's convictions of DUI manslaughter and DUI property damage. We reverse, based on double jeopardy, appellant's conviction of vehicular homicide and remand for the trial court to vacate the conviction and sentence on this...

Sloan v. State - 9/10/2004
Joshua David Sloan appeals the final judgment adjudicating him guilty of DUI manslaughter pursuant to section 316.193(3), Florida Statutes (2002). He argues the trial court erred in concluding it did not have discretion under the youthful...

Fisher v. Miami-Dade County - 9/9/2004
Rosa Lee Fisher, individually ("plaintiff"), and as the personal representative of Mark Anthony Fisher ("Fisher"), appeals the trial court's order granting Miami-Dade County's ("County") motion for summary judgment. We affirm. The...

Jackson v. State - 9/9/2004
Robert Jackson appeals his convictions and sentences. We reverse for a new trial. I. Defendant-appellant Robert Jackson was convicted of armed robbery. Thereafter he entered into a plea bargain whereby he pled no contest to possession...

State v. Demeniuk - 8/27/2004
The State of Florida petitions for a writ of certiorari to quash the order of the circuit court denying the motion of the State for a Frye hearing, and granting the motion of the Respondent, Leslie Demeniuk, a/k/a Leslie Ewing, to...

Pietri v. State - 8/26/2004
Rehearing petition filed: 09/10/2004; Rehearing denied: 10/18/2004 An Original Proceeding - Habeas Corpus Norberto Pietri appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of...

State - 8/24/2004
Petition for Writ of Certiorari - - Original Jurisdiction. The Department of Highway Safety and Motor Vehicles (Department) petitions for a writ of certiorari to quash the circuit court's order requiring it to issue Johnny...

State, Dept. of Highway Safety & Motor Vehicles v. Fountain - 8/24/2004
The Department of Highway Safety and Motor Vehicles (Department) petitions for a writ of certiorari to quash the circuit court's order requiring it to issue Johnny Fountain, a hardship driver's license. We grant the petition and quash the...

Savage v. State - 8/13/2004
Thomas Savage ["Savage"] appeals his conviction for vehicular manslaughter. He contends that the trial court erred in denying his motion for judgment of acquittal and in failing to grant a continuance of the trial. We find no error and...

Cox v. Department of Highway Safety and Motor Vehicles - 8/13/2004
Edward W. Cox ["Cox"] appeals an order dismissing a forfeiture action with prejudice. On October 31, 2002, Michelle Lee Villanti ["Villanti"], while driving a 2000 Ford F150 truck owned by Cox, was involved in a crash. Villanti failed the...

Cox v. Dep't of Highway Safety and Motor Vehicles - 8/13/2004
Edward W. Cox ["Cox"] appeals an order dismissing a forfeiture action with prejudice. On October 31, 2002, Michelle Lee Villanti ["Villanti"], while driving a 2000 Ford F150 truck owned by Cox, was involved in a crash. Villanti failed...

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