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DUI & Double Jeopardy

By Ron Chapman

          Jeff Norman of The Huffington Post recently emailed me the following question:           "What makes it legal for police to detain a DUI arrestee until he or she is 'sober,' when the only purpose of the detention is to maintain safety, and there is no intent to bring the arrestee before a judge for arraignment?  I’m not questioning anything about the arrest or booking process; I’m only asking about the extended detention (usually an overnight jail stay) that begins when the booking process has been completed.  I believe such detentions are illegal, despite conventional wisdom which suggests otherwise.  Your thoughts?"           What Jeff is referring to is Florida statute section 316...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on November 22, 2008 (boomark / email).