DUI (driving under the influence) is a serious offence in Florida and may be considered as a misdemeanor or traffic crime or even felony in some cases.
Getting arrested under DUI may mean a permanent criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may be even imprisonment. As per the Florida law, every person operating a motor vehicle gives an “implied consent” to take a chemical breath test when suspected of drunk driving by an official. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year.
There would be several formalities involved when arrested under DUI. The best option under these circumstances is to consult a good DUI attorney who would be able to provide good defense and prevent or lessen the punishment. DUI attorneys are generally familiar in breath tests, blood analysis, urine analysis and drug recognition evaluation, and would be thus able to look for any loopholes in the test results. They can also defend by analyzing the environment and road conditions at the time and location of the arrests and any other factors that may have affected the sobriety tests at that time. Defense can also be built by analyzing the DUI deposition testimonies of the cops as well as state expert witnesses. Attorneys can effectively review the case for any loopholes, conduct independent analysis of the blood samples, check the calibration and maintenance records of the breath-analyzing machine, suppress evidence and obtain good witnesses to provide the best defense.
There are good chances for building a solid defense for DUI cases as it was found that breathalyzer machines can give false readings. Nausea and disorientation, which are considered as impairment of normal faculties, can also be impaired by police car lights. Balance can be impaired by the pitch of the road or by injuries to the hips, knees, joints or back. There are some medications that cause side effects resembling intoxication. Conducting sobriety tests in unfavorable conditions would also give false results. Exhaustion or fear can be mistaken for drunkenness. A recent blow to the head may also seem like intoxication. Conditions like diabetes, hypoglycemia may also result in impairment. All these factors are carefully analyzed by the attorney to build a strong defense against DUI conviction. By: JOSH RIVERSIDE