A DUI  is the the most technical area of misdemeanor law. There are many ways to defend a DUI case. Below is some general information about the Florida DUI law. This is no substitute for legal advice. Every DUI case has a different set of facts and circumstances. We welcome you to contact us with any of your questions for a free consultation.

DRIVER’S LICENSE SUSPENSION

In Florida your license can be suspended if you are under the influence of driving, failing to pay a traffic fine, and not driving your vehicle safely. Driving under the influence could have you convicted and forced to pay up to $500 to $1000, no more and no less. Not paying your traffic ticket on time can result in being arrested or forced to do community service hours. Hazardous driving can add points to your driver’s license, the more points you get the more the suspension on your license increases.

WHAT IS A DUI?

A DUI stands for “Driving Under the Influence”. Being intoxicated with alcohol and driving right after can lead to a DUI.

DUI STOP – WHAT HAPPENED ?

The officer might have caught you swirling your vehicle in the road or speeding, this is a common case in any state.

If you are caught drinking and driving the charges can lead to your license being suspended up to 180 days. Other options you have is paying a fine of $250 to $500, imprisonment for 6 months, and DUI School for 12 hours.
DRIVING PATTERN:

Swirling your vehicle in the road, speeding, and even crashing your vehicle can be considered a DUI case.

ROADSIDES:

Technically known as the Standardized Field Sobriety Test (SFST), the police likely asked you to perform a set of three standard tests. These tests are given to obtain indicators of impairment and establish probable cause for arrest for DUI.

The Three test SFTS are:

1. The horizontal gaze nystagmus (HGN)
2. The walk-and-turn
3. The one-leg stand.

HGN Testing

This test shows whether you have been driving under the influence. Refusing to take the test can lead to your license being suspend for a year.

Divided Attention Testing walk the line and stand on one leg
This is a part of the HGN test.

Additional Tests:

The officer will check if your eyes are moving in a smooth and normal way.

 

What’s Next: DUI defense

If your vehicle was malfunctioning, you obey all traffic laws, and following the speed limit then there is no reason for the officer to pull you over. The officer must have an extraordinary feeling to know you are driving under the influence. If the officer sees you swirling in the road then he can be free to suspect you are driving under the influence. The officer must give you the Miranda rights, if they do not then all evidence is excluded.

PENALTIES

Offense Fine (*1) Bac >= .20% or minor in car License Suspension Probation Jail Time Bac >= .20% or minor in car Impoundment
319.193(6)(d)
1st Offense $250 – 500 $500 – 1000 180 days to 1y 1 year 0 to 6 months 0 to 9 months 10 days normally.For 2nd conviction within 3 years then 30 days.

For 3rd conviction within 5 years then 90 days.

*Impound may not be concurrent with probation or jail. Impound on rentals or leases not to extend beyond the lease or rental agreement.
2nd within 5 years $500 – 1000 $1000 – 2000 5 years 1 year 10 days to 9 months 10 days to 12 months
2nd outside 5 years $500 – 1000 $1000 – 2000 180 days to 1y 1 year 0 to 9 months 0 to 12 months
3rd within 10 years (charged as felony) $1000 – 2500 $2000 to 5000 10 years 1 to 5 years 0 to 5 years 0 to 5 years
3rd outside 10 years $1000 – 2500 $2000 to 5000 180 days to 1y 1 year 0 to 12 months 0 to 12 months
4th Offense (charged as misdemeanor) $1000 – 2500 $2000 to 5000 Permanent 1 year 0 to 12 months 0 to 12 months
4th Offense (charged as felony) $1000 – 5000 $1000 to 5000 Permanent 1 to 5 years
Guidelines		 0 to 5 years
Guidelines		 0 to 5 years
Guidelines

A prosecutor must know that the defendant can not be interrogated or hassled. A DUI attorney can defend the defendant from interrogation or hassle from the opposing attorney.

If you are sleeping in your vehicle and the officer arrests you for no reason then a DUI attorney can suppress any evidence. Sleeping in your car in Florida is not illegal.

When an officer pulls you over and makes you wait an hour before the investigation starts then he or she possibly called another officer to perform a DUI investigation.

What is the officer looking for during the initial detention at the scene?

The traditional symptoms of intoxication taught at the police academies are:

  1. Flushed face.
  2. Red, watery, glassy and/or bloodshot eyes.
  3. Odor of alcohol on breath.
  4. Slurred speech.
  5. Fumbling with wallet trying to get license.
  6. Failure to comprehend the officer’s questions.
  7. Staggering when exiting vehicle.
  8. Swaying/instability on feet.
  9. Leaning on car for support.
  10. Combative, argumentative, jovial or other “inappropriate” attitude.
  11. Soiled, rumpled, disorderly clothing.
  12. Stumbling while walking.
  13. Disorientation as to time and place .
  14. Inability to follow directions.

What should I do if I am asked to take field sobriety tests?

You do have the right to a DUI defense attorney if you refuse to take the field sobriety test, but you will be arrested for the time being.

What is a “rising BAC defense”?

This is a DUI defense that means that you were drunk and you refuse that you were drunk. Your alcohol levels were being absorbed and rising overtime.

What is” Mouth Alcohol?”

Mouth Alcohol can throw off a breathalyzer test. If you were using mouth wash then it can mess up the breathalyzer test and it wont measure the BAC test.

What defenses are there in a DUI case?

The defenses of a DUI case are common. The officer could have pulled you over for no reason, the officer could have violated your civil rights, the driver could have been sober and the passenger was the one drunk, and lastly the HGN test can defend you if you aren’t under the influence of alcohol.

How can they charge me with DUI if they pulled me over for speeding?

Speeding can cause accidents, people who speed in the middle of the night usually rush to get home from a party or a local bar. Officers can suspect also if you are speeding and swirling your vehicle on the road, not only do you put yourself in danger but others too. If you aren’t drunk and take a sobriety test then you will only be given a speeding ticket.