DUI
Driving under the influence is a common charge in Florida, and if you are charged with a DUI you can face fines, jail time, and a suspension of your drivers license. Most important, you should know that a DUI arrest will not only lead to a criminal case, but there are administrative proceedings in Florida that will affect your drivers license. There are very stringent time frames to deal with regarding these issues, and you should get help from an experienced DUI lawyer if you are unsure of what will happen.
The Criminal DUI Case
When you are arrested for DUI, it is because the police have a reason to believe that you are driving while your “normal faculties” are impaired by the use of alcohol, or a controlled substance. At the roadside, you may be subjected to field sobriety exercises to determine your level of impairment. These exercises will generally consist of having you walk a line heal to toe, stand on one leg, touch the tip of your finger to your nose, or recite the alphabet. In addition, the officer who is instructing you and watching you do these sobriety exercises may conduct a HGN test. This is the test where the officer has you follow the tip of a pen, or light stylus, with your eyes.
The exercises are a very subjective analysis of your level of impairment, and can be challenged at trial. It will be important to know if the officer gave clear instructions, did the exam in an appropriate location, and obtained relevant background information.
Also, the reason that you are stopped by the police is important. Police must have probable cause, and in certain cases reasonable suspicion, to pull you over. If they do not, the evidence they collect after the stop may not be admissible at trial, and could have a serious impact on the State’s case.
Finally, if you are arrested, you will likely be asked to give a breath sample to determine your blood alcohol content. There are many legal issues with breath testing, and the outcome of a DUI case can very from county to county in Florida. Whether the machine was properly calibrated, inspected, and used will all be issues in the case. Police must also follow a standard administrative set of procedures in using the breath test, and if they fail to comply with the rules, the breath test results may be excluded from trial.
An experienced DUI lawyer can help to investigate the case properly, and obtain the evidence to determine your best defense options. Please call me if you have questions about your DUI. As a Lakeland DUI lawyer I’m here to help.
The Administrative DUI Case
In addition to criminal charges, you may also face administrative penalties if your breath test result is greater than .08, or if you refuse to take the test. You could face a license suspension from six months to a year depending on the circumstances.
The administrative suspension can be challenged, but it is up to you to set the proper hearing. Some of the same issues in the criminal case are also issues that can lead to a suspension being invalidated. PLEASE NOTE that you only have ten days from the time you are arrested to set a hearing to challenge your administrative suspension. DO NOT DELAY!
If you have questions about an administrative suspension, please call. As a Lakeland DUI lawyer, I can help.
