An arrest for drunk driving or driving under the influence (DUI) can be a traumatizing experience. After a drink or two at the Florida State Seminoles’ game, the company end-of-year party, or another social gathering, it is possible to “feel fine” or “not feel drunk” and still be arrested for DUI.
If you are arrested for DUI in Leon County, including Tallahassee, Woodville, or surrounding areas, it is important to consult an experienced DUI attorney immediately. Even if you feel that you will obviously be convicted, it is crucial to consult an experienced DUI attorney who has specialized knowledge of DUI law and the Florida criminal law process.
Generally, an individual is arrested for DUI following a traffic stop or other encounter with a police officer. The officer may observe certain bad driving behaviors including the following:
Customarily, the officer will request the driver submit to a field sobriety test, like the walk and turn, horizontal gaze nystagmus, or one-leg stand. Field sobriety tests are ordinarily filmed on the officer’s dash camera or body camera. Although a driver is not required to submit to field sobriety tests, most drivers will comply with the officer’s request. Typically, field sobriety tests are conducted as follows:
Lastly, the officer may request the driver submit to chemical testing, including blood, alcohol, or urine testing. Florida is an implied consent state. By virtue of having a driver’s license and driving on Florida’s roads, an individual consents chemical testing. Refusal to submit to chemical testing may result in driver’s license suspension. The most commonly used chemical test is the breathalyzer test.
Most law enforcement agencies use the Intoxilyzer 8000, which tests the blood alcohol concentration or BAC. If the test shows the driver (over the age of 21) had a BAC of 0.08 or higher, he or she may be charged with DUI under Florida Statute § 316.193.
If the driver is under the age of 21, he or she may be charged with DUI if the BAC is 0.02 or higher. Blood alcohol concentration or BAC cannot be predicted in advance and is based on several factors, including but not limited to the following:
While it may appear the evidence collected during a DUI stop, including the dash-cam video of the field sobriety test and breathalyzer results, may seem overwhelming and conclusively prove guilt, it is important to understand DUI defense attorneys are specially trained to handle these matters. Depending on the unique facts in your case, an experienced Tallahassee drunk driving defense lawyer may be able to challenge the sufficiency of the evidence in your case. For example, there are several recognized reasons an individual may fail a field sobriety test without being impaired, including the following:
In addition to issues with the field sobriety test, there may be issues with the breathalyzer machine, the Intoxilyzer 8000, and the subsequent results. While the general public may believe the Intoxilyzer 8000 is a reliable device, there are several surprising issues with the device, including the following:
There are many aspects to a DUI case in Tallahassee, Florida. It is imperative to consult a DUI attorney with the experience and skill to analyze the evidence against you and build the strongest defense on your behalf.
The team of attorneys at Pumphrey Law have tried countless DUI cases to verdict and will devise the best strategies to obtain the most favorable result on your behalf. Contact Pumphrey Law at (850) 681-7777 for a free, confidential review of your case.
Pumphrey Law strongly defends individuals charged with DUI, Underage DUI, and Drugged Driving throughout Leon, Bay, Jefferson, Wakulla, Gadsden, Gulf, Liberty, Calhoun, Washington, Jackson, Franklin Counties, and surrounding areas.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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