DUI

Should I Submit to a Breathalyzer Test?

Jennifer Waggoner on September 27, 2012

DUI charges carry serious penalties in Florida, as in other states. Much public attention has been brought to drunk driving, tutu app pokemon go ios, making it one of the most common arrests in Florida. If you have been stopped for DUI do you know what to do? One very frequent belief is that you should refuse to take a breath test if stopped for DUI. Drivers in Florida agree to submit to breath, blood, or urine testing if requested to do so by a member of law enforcement. When you sign your driver’s license you are agreeing to the terms, including this requirement. The decision to refuse to take a breath test is ultimately your own choice. However, if you do refuse, keep in mind that you will be subject to some charges in addition to your original charges for which you were arrested.

Submission to Breath, Urine, or Blood Tests

By refusing to take these tests you will be charged and the result upon conviction is an automatic suspension of your driving privileges. In Florida, if you refuse to submit to these tests it is assumed that you were intoxicated. Depending on the circumstances, there may be reasons why you don’t want to take such a test. However, be aware that there will be consequences for your actions. In some cases a better approach is to request that you have your own tests completed. These are done in addition to the testing that is done through law enforcement. You will need to request these tests immediately as they must be completed within 4 hours. However, your attorney may be able to find some problems with the way the original testing was completed or with the way the results were analyzed. It is often a good idea to conduct your own testing so that this information can be used to help your attorney defend DUI charges.

What is the Legal Limit in Florida?

For drivers over the age of 21, the legal limit is 0.08. If you have a test result that is close to this number it is a good idea to have your own tests conducted. Law enforcement must administer the tests quickly. They may request a breathalyzer test at the scene of the traffic stop. If you are arrested they may require a blood test or a urine test. These tests may provide a more accurate BAC reading. A skilled DUI attorney understands how the tests should be administered and will review the details of your specific case to see if the tests and results are accurate. If there were any problems with the way the tests were given or in how the results were reviewed there may not be enough evidence to move forward with charges. Your lawyer will work to reduce or eliminate any charges against you.

Penalties for DUI Conviction

The penalties for DUI conviction in Florida are harsh. They include various punishments that may include jail time, fines, and suspension of your driver’s license. If this is your first DUI and there was no accident, no property damage, and no injury, the penalties may be less severe. Repeat DUI convictions include increasingly harsh punishment. Even if you are convicted of DUI, an experienced attorney will work to get you the lowest possible penalties in your case. Your lawyer knows that you will need to keep some driving privileges in order to maintain your job and will do everything possible to help you in that regard. When you have been arrested for a DUI it is best to discuss the situation with an attorney immediately. The advice of a skilled DUI lawyer will help you navigate the complex legal system and will defend your rights throughout your case.

Mistakes Were Made on My DUI Police Report – Will the Charges be Dropped?

Jennifer Waggoner on September 13, 2012

DUI is a serious charge that has severe consequences for conviction. Many times the police on the scene of a traffic stop for DUI will make some mistakes on the police report. In general, the mistakes may offer a way for an experienced DUI attorney to try to have your charges dropped. However, in most cases, these minor mistakes will not matter in the big scheme of things. There are various things that will determine how your case proceeds as well as the punishment if convicted. Some of these factors include:

BAC (blood alcohol content)
Whether there was an accident with injuries
Traffic infractions
Whether this is the first DUI offense

How to Proceed with a DUI Case

A skilled DUI attorney knows the latest laws and understands the best way to defend the charges against you. Each DUI case is different so the lawyer will need to review the circumstances of the event. Your attorney will leave no stone unturned when defending your DUI charges. Several things will be reviewed including the results of a breathalyzer test if one was taken. In some cases the breath test was not administered properly or the results were not correctly analyzed. An experienced DUI attorney knows whether any problems occurred and can proceed accordingly. If an error in a breath test can be proven it may result in the charges being dropped.

Working to Resolve Your DUI Case

Many people mistakenly believe that if any type of error on the police report or ticket was made they will automatically be released of any charges. This is false. The charges won’t be dropped if there is still sufficient evidence to show that you were driving while intoxicated. For example, a person is arrested for DUI but later notices that his name is incorrectly listed in the report. While this may seem like a huge error, it won’t necessarily get you out of trouble. There are other ways to identify you including by your driver’s license and by the police officer identifying you in court. Other mistakes can be made; however, they don’t mean you’ll get off on a technicality.

Defending DUI Charges

Defending against DUI charges is something that is usually best left to an experienced DUI attorney that is adept at determining the best way to defend your case and will always do everything possible to resolve the situation favorably. It’s never a good idea to try to defend DUI charges on your own. You’ll certainly be unable to get out of the charges and could end up with some significant penalties. Penalties for a DUI conviction may include driver’s license suspension, fines, and possibly jail time. One thing that your attorney will do is to view a copy of the traffic stop if possible. This can show problems with the encounter that your attorney can use to defend you. In Florida, you are required to request a DMV hearing within 10 days of your arrest. This hearing will determine the handling of your driving privileges. Your lawyer can request this hearing and represent you as well.

What is The Best Way to Fight DUI Charges?

Jennifer Waggoner on September 7, 2012

DUI, driving under the influence, is a serious charge and one that should not be taken lightly. In Florida, as in other states, the penalties for a DUI conviction are severe, even for those convicted of DUI for the first time. In many cases you’ll first be stopped for a traffic violation, at which time the police officer may determine that you have been drinking and may proceed with a DUI charge. If you are arrested for DUI it is important to seek help from an experienced DUI attorney as soon as possible.

Your attorney will need to review all aspects of your arrest in order to develop a successful defense. You are entitled to defend yourself against these harsh charges.

What to Do When Stopped for DUI

The first thing that will happen when you’re stopped for DUI is that you will be asked to complete some initial field sobriety tests. These may consist of several different things. The officer may shine a light into your eyes to see if your pupils dilate. If the officer has reason to believe that you were drinking he will ask you to step out of the vehicle. This may be because he felt you were slurring your speech or because he thought he smelled alcohol on your breath. Once out of the car you’ll probably be asked to perform a few tests including walking a straight line, reciting the alphabet, or touching your finger to your nose. These are coordination tests but are highly subjective in nature. Next, the police officer may request that you take a breathalyzer test.

The Breathalyzer Test

The breathalyzer test is performed by blowing into a special device. The device measures the amount of alcohol in your system. The legal BAC (blood alcohol content) in Florida is 0.08% for those over the age of 21. Anyone under the age of 21 is subject to a “no tolerance” law targeting underage drinkers. In Florida, anyone who has a driver’s license has already consented to submitting to a breathalyzer, blood, or urine test if requested. Failure to comply with the test will result in additional charges including the automatic suspension of your driver’s license. The breathalyzer test isn’t always administered properly and the results aren’t always correct. A knowledgeable DUI attorney will be able to review and evaluate the test to determine if there were any problems with it. The test must be performed within two hours of your arrest. Remember that these tests are not infallible!

DUI Arrest

If you’ve been arrested for DUI you will be set for an initial hearing that will occur very soon. At this hearing the judge will determine the actual charges against you and will set bond. In most cases you’ll be allowed to post bond, however, if you were involved in a DUI accident with injuries the charges will be more severe. If you have an attorney representing you at this point it is very helpful because your lawyer will try to immediately get some of the charges dropped and will also try to get your bail reduced. Sometimes the police overcharge you and this will become apparent to your attorney. Your lawyer will then immediately begin working on your defense. He will review the arrest and view the video, if there is one. He’ll interview you to determine everything that happened before, during, and after the arrest. Additionally, you’ll want your attorney to request a DMV hearing within 10 days. This is a separate hearing that determines the fate of your driver’s license until your trial date. If you don’t request a hearing your license will be suspended.

Defending DUI

It is possible to have a successful defense against DUI charges. A skilled DUI attorney knows what to look for in your case and how to best proceed. Sometimes the police will arrest you for DUI even if the evidence against you is inconclusive. If the officer made errors or the arrest was not properly done it may mean that there isn’t a strong case against you. When this occurs, your attorney may be able to get your charges reduced or the case dropped completely. A DUI conviction has strong penalties that may include jail time, fines, and suspension of your driver’s license. It’s always in your best interest to have a strong legal team on your side to protect your rights and fight for you.

What Happens with A Hit and Run Charge?

Jennifer Waggoner on August 8, 2012

What Happens with A Hit and Run Charge?

In Florida, the law states that anyone involved in an accident that involves property damage or personal injury must stop and exchange information. The law states that you have a duty to give information and render aid. Leaving the scene of an accident is considered a criminal act in Florida. The punishment depends on the severity of the act. A minor accident is usually charged as a misdemeanor while an accident that involves injury or death will likely be charged as a felony. As a Florida driver you are required to provide the following information after an accident:

Name
Address
Registration
License information

Leaving the Scene of an Accident

Any time that you are involved in an accident you must stop or you will face charges of hit and run. This includes having contact with an unattended vehicle. When the vehicle is unattended you have a duty to provide your information and leave it in a place where the other driver will find it. If you have been involved in an accident with injuries you must stop and render aid or call 911. If you fail to stop, the police may find you based on witness reports, surveillance video, or other means. The police will track you down and can make an immediate arrest based on leaving the scene of an accident. The best thing to do if you have had an accident is to get help from an attorney and turn yourself in to police. It is recommended that you have an attorney present when you speak to law enforcement officials.

Defending Hit and Run Charges

If you have been in a hit and run accident you should seek legal assistance immediately. Even though the accident may have been minor, you will face much more serious charges when you fail to stop after the incident occurred. If convicted you may face penalties that include:

Misdemeanor – Accident involves property damage only. Punishable with up to 60 days in jail and up to $500 in fines.
Felony – Accident involves injury or death. Punishable with a sentence of up to 15 years in prison and fines of up to $10,000.
Additionally, you may be ordered to pay restitution to the other driver and your driver’s license may be revoked.

Many people make poor decisions after suffering a stressful situation. One bad decision should not have to haunt you forever. An experienced attorney will be able to assist you in defending the charges against you to get a successful outcome.

To Blow or Not to Blow

Jennifer Waggoner on June 30, 2011

To blow or not to blow when you’re stopped on suspicion of driving under the influence is a question I am asked with some frequency. It’s not an easy one to answer. DUI arrests are two-pronged. They involve criminal charges as well as administrative challenges in the form of the DHSMV hearing you’re permitted to schedule within 10 days of your arrest to address the issue of retaining or losing your driver’s license. Taking or refusing a breath test affects both factors.

If you do blow and your BAC is .08 or higher, you could potentially lose your driving privileges for six months at the DHSMV hearing. Florida allows you a special license so you can drive for business or work purposes only, but you can’t request this until you’ve been without your license for a month. That said, you now have to address the repercussions of blowing over in criminal court. In some counties, your breath test results are not admissible as evidence. This takes an important weapon out of the prosecution’s arsenal when trying to convict you. However, in other counties, the results are admissible. If you blew over .08, you may be doomed to a conviction if you took the breath test.

Alternatively, if you do not take the breath test, the DHSMV will not be happy. If you refuse the breathalyzer, you’ll lose your driver’s license for a year. If you ever refused before, that time period extends to 18 months. And you can’t apply for a special license to drive for work purposes for three months. The impact of not taking the breath test can affect your criminal proceedings in one of two ways. On one hand, it makes it more difficult for the prosecutor to prove beyond a reasonable doubt that you were impaired – he’s missing the concrete black-and-white evidence of your reading and will probably have to rely on the testimony of the arresting officer regarding your condition when you were stopped. However, an experienced attorney can often present a good case for why you refused. Maybe you wanted to talk to a lawyer first and couldn’t. Maybe you wanted to take a blood test instead. Maybe you’ve heard that the breathalyzer is often inaccurate and can be affected by other factors besides how much you’ve had to drink. Maybe you didn’t want to risk that. You’d have to testify to convince a jury of this, but if you’re a believable witness, this could work in your favor. By the same token, the law allows the prosecutor to try to convince the jury that you’re fibbing about your reasons. He’ll try to convince them that you refused the breath test because you knew you were intoxicated and that you’d probably blow over. In legal terms, this is called “consciousness of guilt,” and the prosecutor will try to use it against you.

Finally, the issue of whether to blow or not to blow is further complicated if you’ve ever found yourself in this situation before. If you previously declined the option to blow when involved in another DUI matter, and if you do it again, the stakes go up. The state of Florida can charge you with a first degree misdemeanor. This carries a penalty of a year in jail, a year of supervised probation, or a $1,000 fine, and possibly all three.