Florida law treats DUI charges as criminal offenses, and anyone charged with DUI should immediately seek the advice of an experienced criminal defense attorney. Even though the evidence may seem strong in a given case, a knowledgeable criminal defense attorney may explore a variety of factual and legal issues to obtain a favorable result.
Florida traffic tickets may range in severity, and offenders may or may not have to go to court or retain an attorney. DUI charges may happen as a result of operating a motor vehicle, but they are nothing like minor traffic tickets. They are criminal charges with potentially severe penalties that could include jail time.
Anyone who is subjected to a DUI traffic stop is well advised to understand their rights — and the importance of retaining experienced legal representation as soon as possible for the most favorable outcome.
The Basic Rules of Florida DUI Traffic Stops
A driver is not entitled to contact an attorney during a traffic stop. Thus, it is vital to understand a few basic concepts. DUI stops introduce a special wrinkle, known as implied consent. Under this Florida law, anyone who operates a vehicle within the state “consents” to certain approved blood alcohol tests when police have reasonable cause to suspect that a driver is impaired by alcohol or drugs.
Police may request one or two different types of tests, and drivers need to be aware of their rights for each type:
- Chemical blood alcohol tests may be conducted by testing the driver’s breath or by obtaining urine or blood samples at an approved facility. Technically, no one can be forced to agree to these tests (some exceptions apply for blood testing), but refusal immediately results in the immediate suspension of driving privileges for a year or more, and the refusal is admissible evidence in court. (Note, a second refusal to submit to such testing – if the person has a prior refusal – may result in a separate misdemeanor charge.)
- Field sobriety exercises involve a series of physical coordination tests that police may request at the scene of the stop. These tests may not be considered to be reliable evidence of intoxication since even sober individuals have different overall capabilities for coordination and balance. There are a number of criteria for conducting these exercises properly, which are often not followed by the police. A driver may decline to submit to field sobriety exercises.
It is important to remember that most law enforcement agencies record traffic stops (both video and audio). Such recordings will often begin before a motorist is pulled over, and they will last until the person has been taken to jail. Thus, drivers should be mindful that everything they do and say will likely be recorded and often played later in court. Do not “talk to yourself” in the back of the police car – you are likely being recorded then too.
The Burden of Proof Falls to the Prosecution
As with any criminal charge, an individual charged with DUI is considered innocent until proven guilty. However, when chemical testing indicates that a driver operated a vehicle with a blood alcohol content of .08 or higher, the cards may seem stacked against the DUI defendant. Still, there are numerous defenses against DUI charges, including (but certainly not limited to) the following:
- Accuracy of tests: Breath tests in particular are not always reliable. A defense attorney might show that the equipment was not properly calibrated or was otherwise defective. It may also be demonstrated that a breath alcohol level does not accurately reflect the driver’s alcohol level when driving.
- Invalid police procedures: These can range from not handling testing procedures or equipment properly to not having reasonable cause to conduct the stop at all.
- Reasonable doubt: Whether or not there is evidence of a breath alcohol level, the prosecution must prove every element of the alleged crime beyond a reasonable doubt. This is often a difficult task for the prosecution, particularly in DUI cases.
DUI is a complex and constantly evolving area of the law. If you have been charged with DUI, you should consult an experienced defense attorney as soon as possible. Ask whether your attorney has tried DUI cases, whether he/she has filed successful motions in DUI cases and whether he/she stays up-to-date on the law. An experienced attorney can review your case and advise you regarding your options. A DUI conviction can have life-long consequences – make sure you resolve your case only after consulting with an experienced attorney.
Via HG.Org
-March 14, 2017