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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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Daigle v. State - 7/9/2003
Christopher Daigle appeals from his judgment and sentence for DUI manslaughter. He raises several challenges to his conviction. Citing State v. Miles, 775 So. 2d 950 (Fla. 2000), Daigle first argues that the trial court erred in...

Department of Safety & Motor Vehicles v. Marshall - 7/3/2003
Petition for Certiorari Review of Order from the Circuit Court for Volusia County, William C. Johnson, Judge. Petitioner, the Department of Highway Safety and Motor Vehicles ["Department"], seeks certiorari review of a circuit...

Taylor v. State - 6/26/2003
The appellant challenges the trial court's order summarily denying her post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court failed to attach portions of the record to conclusively...

[W] Lemay v. Kondrk - 6/20/2003
Sandra Lemay ["Lemay"], as Personal Representative of the Estate of Roy Ault, appeals the dismissal of her wrongful death claim against Michael Kondrk ["Kondrk"], a Putnam County Deputy Sheriff. The trial court concluded that the...

[W] Vedner v. State - 6/13/2003
OPINION WITHDRAWN and new opinion filed July 25, 2003. DONALD VEDNER, JR. APPELLANT, v. STATE OF FLORIDA APPELLEE. Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Jr., Judge. Robert J....

Critsley v. State - 6/11/2003
Appellant, Anthony Critsley, was charged by amended affidavit with violation of probation. The amended affidavit charged appellant with violating his probation by: (1) failing to report and submit a written monthly report; (2)...

Zuckerman v. Robinson - 6/11/2003
We are asked to reverse a judgment for punitive damages on the grounds that the amount awarded exceeds the evidence as to defendant's financial resources. The record does in fact show that the sum well exceeds the ability to pay proved...

State v. Shumaker - 6/4/2003
The State challenges the trial court order granting Shumaker's motion to suppress and dismissing the case. We reverse. Shumaker was charged with DUI (fourth violation) and driving with license suspended after an officer stopped...

In re Cope - 5/29/2003
We review the findings and recommendation of the Judicial Qualifications Commission (JQC) concerning the conduct of Circuit Judge Charles W. Cope. We have jurisdiction. See art. V, § 12 Fla. Const. Judge Cope contests neither the JQC's...

Sunby v. State - 5/23/2003
Sunby seeks a writ of certiorari to review the circuit court's decision, sitting in its appellate capacity. It overturned the county court's order which granted Sunby's motion to suppress in Sunby's DUI case. Because we conclude the...

State v. McCabe - 5/21/2003
The State appeals from an order granting Roxanna McCabe's motion to suppress evidence. Because the trial court misapplied the law to the facts of this case, we reverse the trial court's order and remand for further proceedings. ...

Weber v. Department fo Highway Safety - 5/16/2003
On February 28, 2002, in circuit court case No. 01-32955, Appellant was convicted of the offense of felony driving under the influence. Pursuant to section 322.26(1)(a), Florida Statutes (1998 Supp.), the Department of Highway Safety...

Dept. of Highway Safety & Motor Vehicles v. Swegheimer - 5/9/2003
The State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of the circuit court's decision quashing the suspension of respondent James Swegheimer's driver's license for refusal to submit to a breath,...

State v. VanBebber - 5/8/2003
Rehearing petition filed: 5/20/2003; Rehearing denied: 8/25/2003. STATE OF FLORIDA, PETITIONER, v. PAUL VANBEBBER, RESPONDENT. Application for Review of the Decision of the District Court of Appeal - Certified Direct...

Cheeks v. Dorsey - 5/7/2003
Appellant, Theresa L. Cheeks, is the personal representative of the estate of her fiancé, Jeffrey Williams, and her daughter, Travonda Williams, both of whom were killed on March 11, 1994 in a car accident caused by Richard Reutlinger...

State - 5/2/2003
Petition for Certiorari Review of Decision from the Circuit Court for Volusia County Acting in its Appellate Capacity. The State of Florida, Department of Highway Safety and Motor Vehicles, (the Department) seeks certiorari...

Roblero v. State - 4/30/2003
Appellant pled guilty to DUI manslaughter and other related charges and, one week after he was sentenced, filed a pro se motion to withdraw his plea alleging that his lawyer intimidated him and misinformed him. At the hearing appellant...

Department of Highway Safety & Motor Vehicles v. Megan-Neave - 4/25/2003
The Department of Highway Safety and Motor Vehicles ("department") appeals the trial court's order granting Dawna Megan-Neave's motion for summary judgment, thus revoking the seizure of Neave's motorcycle pursuant to the Florida...

Menna v. State - 4/24/2003
We have for review the decision in State v. Menna, 793 So. 2d 1029 (Fla. 5th DCA 2001), which certified conflict with the decision in Herring v. State, 501 So. 2d 19 (Fla. 3d DCA 1986). We have jurisdiction. See art. V, § 3(b)(4), Fla....

Department of Revenue v. Jackson - 4/24/2003
As amended May 21, 2003 We have for review Department of Revenue v. Jackson, 780 So. 2d 342 (Fla. 5th DCA 2001), in which the court certified its holding to be in conflict with the decision of the Fourth District Court of Appeal...

Johnson v. State - 4/8/2003
Appellant was charged and convicted for failure to register as a "sexual offender." See § 943.0435(9), Fla. Stat. (2001)(stating that a "sexual offender" who does not comply with registration requirements commits a third degree...

Light v. State - 4/4/2003
Jason R. Light appeals his conviction for second-degree murder. After carefully reviewing all of the evidence in the light most favorable to the State, we conclude that the State failed to present a prima facie case of second-degree...

Arrowood v. State - 4/3/2003
Appellant, Ronald Arrowood, seeks review of his convictions and sentences for driving under the influence (DUI), committing manslaughter and failing to render aid, DUI with serious bodily injury (two counts), and DUI with damage to...

Parker v. State - 3/27/2003
We have for review Parker v. State, 780 So. 2d 210 (Fla. 4th DCA 2001), wherein the district court expressly declared valid a state statute. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We affirm. I. FACTS ...

James v. State - 3/26/2003
We affirm James' convic tion and sentence for first-degree murder and attempted robbery with a firearm. The principal issues on appeal arise out of the seating of a juror with a name similar to the juror actually selected. Upon...

Chesnoff v. State - 3/21/2003
Justin Chesnoff appeals his aggravated battery conviction. He argues that the trial court erred by allowing a physician to testify that the victim's injuries were severe, and by providing the jury an instruction on the meaning of the...

McGhee v. State - 3/19/2003
Eric McGhee appeals his sentences for driving under the influence ("DUI") manslaughter and DUI causing injury to the property of another. We affirm his sentence on the felony, and the imposition of DUI school as a special condition of...

Gilreath v. State - 3/14/2003
Gregory Gilreath files this belated appeal from the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. In 1999, Gilreath pleaded no contest to several offenses...

Florida Department of Highway Safety and Motor Vehicles v. Critchfield - 3/13/2003
Petition for rehearing filed March 26, 2003. Rehearing denied June 11, 2003. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, APPELLANT, v. ROBERT P. CRITCHFIELD, APPELLEE. An Appeal from the District Court of...

Lane v. State - 3/10/2003
This is an appeal from the denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We agree with two of Appellant's three claims, reverse the trial court's order as to those claims, and remand for attachment of...

Rentschler v. State - 3/5/2003
Charles Rentschler appeals the summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse on one claim that the trial court failed to address. On all other claims we affirm the...

Lugo v. State - 2/20/2003
Rehearing petition filed: 04/04/2003. Rehearing petition filing: extended to 04/07/2003. Rehearing denied: 05/02/2003. DANIEL LUGO, APPELLANT, v. STATE OF FLORIDA, APPELLEE. An Appeal from the Circuit Court in and for...

State v. Cameron - 2/19/2003
The state appeals from an order granting William Cameron's motion for a new trial after a jury found him guilty as charged of DUI-Manslaughter, Vehicular Homicide, and DUI-Property Damage. We reverse the order as to all counts. ...

State v. Rivers - 2/14/2003
The State challenges the trial court's order dismissing the charges against Patrick Rivers. Rivers had been charged with one count of DUI with serious bodily injury following a motorcycle crash involving Rivers and his friend, Morrie...

State v. Marques - 2/5/2003
The state asks us to review by certiorari a decision of the circuit court, sitting in its appellate capacity, which affirmed a dismissal of DUI and related traffic violations. The county court dismissed the case for prosecutorial...

Department of Highway Safety and Motor Behicles v. Friend - 2/3/2003
Certiorari - Original Jurisdiction. The petitioner seeks review of a circuit court decision granting certiorari and setting aside an administrative order suspending the respondent's driver's license. We conclude that the findings...

State v. Catt - 1/31/2003
The State appeals the trial court's order granting Tammy Catt's motion to suppress the results of a blood draw taken pursuant to section 316.1933, Florida Statutes (2001). Because the trial court's finding that the police did not have...

Butler v. State - 1/30/2003
We have for review a decision of the Fifth District Court of Appeal on the following question, which the court certified to be of great public importance: MAY A TRIAL COURT SENTENCE A DEFENDANT TO A TERM IN EXCESS OF THE...

Doorbal v. State - 1/30/2003
ON REHEARING The opinion issued in this case on October 10, 2002, is withdrawn, and the following opinion is substituted in its place. Noel Doorbal (Doorbal) appeals his convictions of first-degree murder and his sentences of...

Brown v. Miami-Dade County - 1/28/2003
On Motion for Rehearing En Banc The motion for rehearing en banc is denied. SCHWARTZ, C.J., and JORGENSON, GERSTEN, GREEN, FLETCHER, and SHEVIN, JJ., concur. COPE, J. (dissenting from denial of rehearing en banc). ...

State v. Schreiber - 1/22/2003
ON MOTION FOR REHEARING We withdraw our previously filed opinion dated November 20, 2002 and replace it with the following. The county court has certified the following question of great public importance to this court...

Stoletz v. State - 1/17/2003
Nicole Stoletz appeals her convictions for driving under the influence (DUI) and felony driving while license suspended (habitual), challenging only the trial court's order requiring the permanent revocation of her driver's license. We...

State v. Clarke - 1/17/2003
The State of Florida appeals the trial court's order discharging Gerald E. Clarke from DUI manslaughter charges based on a violation of his speedy trial rights. On January 26, 1998, Clarke was charged with DUI manslaughter for...

Spencer v. State - 1/9/2003
Petition for rehearing filed January 24, 2003 (in SC00-2588 only). Rehearing denied March 25, 2003. DUSTY RAY SPENCER, APPELLANT, v. STATE OF FLORIDA, APPELLEE. DUSTY RAY SPENCER, PETITIONER, v. JAMES V. CROSBY, JR., SECRETARY,...

Albury v. State - 1/8/2003
Appellant was convicted of DUI manslaughter, manslaughter by culpable negligence, and four counts of culpable negligence as a result of an accident. We affirm, but address one issue, whether a mistrial should have been granted when a...

Rodriguez v. State - 12/27/2002
The Appellant, Rodriguez, caused a two-car accident in which one person was killed and several others were injured. The van Rodriguez was driving contained two beer bottles between the driver and passenger seats. One of the beer...

St. Paul Mercury Insurance Company v. Coucher - 12/27/2002
St. Paul Mercury Insurance Company ("St. Paul") appeals an adverse $25,000 final judgment for uninsured motorist (UM) benefits entered after a jury trial. Linda Coucher, as Personal Representative of the Estate of Walter Luckner, cross...

Castillo v. State - 12/26/2002
Fernando Castillo appeals his judgment of conviction and sentence for unlawful compensation and official misconduct. We reverse the trial court's denial of Castillo's motion for judgment of acquittal as to count I, unlawful...

[W] Sawyer v. State - 12/18/2002
We affirm the appellant's conviction of felony DUI. Appellant complains that the trial court permitted the State to present the fingerprint comparison testimony of an expert witness at the enhancement phase of the trial. The State did...

Amos v. State - 12/18/2002
Defendant Tyra Amos ("Amos") appeals her conviction for aggravated battery with a firearm and the denial of her Rule 3.800 motion to correct an illegal sentence. The State charged Amos by information with attempted first-degree murder...

Thomas v. State - 11/20/2002
We affirm appellant's convictions for second degree murder and leaving the scene of an accident with death or serious bodily injury. We reverse appellant's conviction for driving while license suspended and causing death and remand...

[W] State v. Schreiber - 11/20/2002
OPINION WITHDRAWN and new opinion filed January 22, 2003. STATE OF FLORIDA, APPELLANT, v. JENNIFER SCHREIBER, APPELLEE. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Fred J. Berman,...

Department of Highway Safety & Motor Vehicles v. Snell - 11/15/2002
The State of Florida, Department of Highway Safety & Motor Vehicles (DHSMV) petitions for certiorari review of a circuit court order granting Walter John Snell's petition for writ of certiorari and quashing a decision of the DHSMV...

Riggins v. State - 11/1/2002
The appellant appeals the summary denial of his rule 3.850 motion for post-conviction relief upon remand by this Court. See Riggins v. State, 789 So. 2d 509 (Fla. 1st DCA 2001). The appellant pled guilty to, and was convicted of,...

State v. Bodden - 10/30/2002
The State appeals the order in limine of the county court that barred the State from using as evidence, in the trial of a driving under the influence (DUI) case, the results of Anthony T. Bodden's urine test, which was administered...

State v. Mackler - 9/11/2002
The state charged appellee, Andrew Mackler, with DUI manslaughter and DUI with personal injury or property damage. The trial court granted Macker's pretrial motion to dismiss, which precluded the state from pursuing an unlawful blood...

Bautista v. State - 8/28/2002
David Bautista ("appellant"), appeals the trial court's final judgment adjudicating him guilty of and sentencing him for two counts of first degree driving under the influence ("DUI") manslaughter with failure to render aid. We affirm....

Cruz v. State - 8/21/2002
Appellant challenges the summary denial of a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 after having been found to have violated his probation for DUI manslaughter. He raises four issues, two...

Department of Highway Safety and Motor Vehicles v. Currier - 8/20/2002
The Department of Highway Safety and Motor Vehicles seeks common law certiorari review of the circuit court's order granting a writ of certiorari to respondent Candace Currier and reinstating her driver's license, which had been...

State v. Sehnert - 8/16/2002
The state seeks certiorari review of a circuit court order granting certiorari relief and vacating a county court denial of Sehnert's motion to dismiss a violation of probation charge. We grant the petition and quash the order below. ...

Stires v. States - 7/26/2002
Stires appeals judgments and sentences for two counts of DUI manslaughter and one count of DUI with bodily injury. We affirm, but write to discuss his argument that the trial court erred in denying his motion for mistrial when the...

Threnhauser v. Department of Business - 7/26/2002
In this suspension of a real estate license case we are presented with a new twist on the issue of deception. The Department brought this action to suspend the license of appellant on the basis that he obtained his license by "fraud,...

McElrath v. State - 7/26/2002
We affirm McElrath's convictions. However, we vacate the restitution order entered by the trial court because the trial court lacked jurisdiction to order restitution while McElrath's underlying conviction was pending on appeal. Torres...

Stutts v. State - 7/19/2002
In this appeal from the summary denial of his motion filed pursuant to Fla. R. Crim. P. 3.850, appellant has raised several claims of ineffective assistance of counsel. We affirm without further discussion on all claims, except the...

Persaud v. State - 7/17/2002
Krishna Persaud challenges his sentence and the summary denial of two claims made in his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part. Persaud was charged by...

County v. Costco Wholesale Corp. - 6/27/2002
We have for review Costco Wholesale Corp. v. Orange County, 780 So. 2d 198 (Fla. 5th DCA 2001), which expressly and directly conflicts with our decision in Glackman v. City of Miami Beach, 51 So. 2d 294 (Fla. 1951). We have...

State v. Sercey - 6/17/2002
In this prosecution for DUI manslaughter and other related offenses, the State of Florida appeals the trial court's order which excludes all evidence of marijuana in the defendant's blood. Applying the principles enunciated in Frye v....

Cerroni v. State - 6/14/2002
Brian F. Cerroni appeals both his conviction for driving under the iInfluence resulting in serious bodily injury to another and the trial court's decision to approve a state subpoena for Cerroni's medical records. He contends that the...

State v. Kirby - 6/14/2002
The state appeals an order denying restitution. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(M). We reverse. Gary Kent Kirby was found guilty by a jury of driving under the influence...

Department of Highway Safety and Motor Vehicles v. Snelson - 6/5/2002
The Department of Highway Safety and Motor Vehicles (DHSMV) seeks a writ of certiorari to the circuit court to quash an order that reinstated Matthew Snelson's driver's license privileges following an arrest for driving under the...

Prianti v. State - 6/5/2002
Michael Prianti seeks review of an order that summarily denied his rule 3.850 motion for post-conviction relief. Prianti pled as charged to several offenses including DUI impairment. Prianti argues that his plea was not...

Thomas v. State - 5/29/2002
Kelly Thomas appeals her convictions for driving under the influence (DUI) with serious bodily injury and DUI with personal injury. As to both convictions Thomas argues that the trial court erred in denying her motion to suppress the...

Webb v. State - 5/22/2002
On double jeopardy grounds, Auburn Webb challenges his convictions for driving on a revoked license under two separate sections of Chapter 322, Florida Statutes (2000). We affirm, holding that a defendant may be convicted and sentenced...

Searles v. State - 5/15/2002
Adam Frank Searles appeals his judgments and sentences for three counts of DUI manslaughter, one count of DUI with serious bodily injury, two counts of DUI with injury to a person, and one count of DUI with damage to property. These...

Lepper v. State - 5/10/2002
ORDER DISMISSING APPEAL WITHOUT PREJUDICE TO FILING OF TIMELY MOTION PURSUANT TO RULE 3.850 John R. Lepper appeals an order disposing of a motion that the trial court had no authority to consider. At an earlier time, this court...

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