DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Defending a DUI Charge

Nowadays, the state attorney’s office and law enforcement are under a lot of pressure to ‘crack down’ on DUIs. In turn this pressure results in the state attorney filing charges in many ‘close-call’ or borderline cases and worse yet, results in DUI charges where an arrest should not have been made at all.

A DUI prosecution and the burden of proof required to prove guilt is dictated by the same rules of law and evidence required by the court for other criminal charges. However, unlike most criminal charges, the majority of the evidence against a DUI defendant is in the form of the arresting officer's testimony. This testimony is mostly his or her 'opinion' as to whether your ‘normal faculties’ were impaired to point that it affected your ability to drive. Simply put, DUI is one of the only criminal charges based almost entirely on an officer’s personal ‘opinion.’

DUI Defenses

In a typical DUI prosecution the state presents evidence regarding your driving pattern, your performance on 'field sobriety tests', and the results of a breath test. At first it may seem that the evidence against you is overwhelming and that the prosecutor’s case is a ‘slam-dunk.’  Despite this fear there are often strong and valid legal defenses to a DUI. The experienced Orlando DUI lawyers at Corzo & Kohrs are skilled in using these defenses in representing our clients.  These defenses can be used to challenge the prosecutor’s ‘slam-dunk’ evidence, and this lack of evidence can be brought to the prosecutor's attention to secure a reduction to a lesser charge such as reckless driving, or possibly dismissal of the case. Detailed below are several areas of the prosecutor’s case which can be challenged and often beaten. These areas include challenges to your driving pattern, field sobriety tests and even the breath, blood or urine tests.

When defending a DUI case these tests must be subject to intense scrutiny by your lawyer, a jury may be swayed by their seemingly "objective and scientific" nature. Field sobriety tests seem simple enough for some sober people to perform, but it is the duty of the Orlando DUI attorney at Corzo and Kohrs to demonstrate that these initial observations are not always as conclusive as one might think. The single best way to call these evaluations into doubt is by knowing how these field sobriety tests are to be conducted and presenting a thorough and well-prepared cross-examination.

Your Driving Pattern

As stated above, a DUI prosecution is based primarily on an officer’s personal opinion of your impairment. One basis for the arrest, and an area that is ripe for challenges, is your ‘driving pattern.’ In a typical DUI case the officer records (usually in writing on generic DUI forms) what you did wrong, not what you did right. For example, the officer's report may indicate that you did not use a turn signal.  However, that same report will not indicate that despite that you were maintaining proper speed and obeying all other traffic laws.

Other factors should be addressed, such as: road condition (i.e. lack of lighting, road construction, weather conditions, traffic congestion), confusing road signs, you're unfamiliarity with the area, and mechanical difficulties with your vehicle.  Each Orlando DUI attorney at Corzo & Kohrs is experienced in challenging the officer's opinion regarding your driving pattern.

Field Sobriety Tests

A DUI investigation usually involves the officer requesting that you perform field sobriety tests. These tests usually include the “one leg stand,” “finger to nose,” “heal to toe” and maybe even the infamous “alphabet” test. The officer takes notes on your performance and then 'scores' your performance on these tests to determine whether you should be arrested. Most people are surprised to learn the criteria for 'scoring' is very strict on the driver, i.e. more than one small mistake on a test is considered a failure. For example, the 'heal-to-toe' test has more than a dozen scoring criteria. If a driver misses or forgets more than one step the result is scored as a failure and the driver may be subject to arrest. This may be the case even if the driver has physical disabilities.  Each Orlando DUI lawyer is skilled at attacking the results of these field sobriety exercises.

Some police agencies videotape your performance of the field sobriety tests and some do not. We can order a copy of the videotape and evaluate your performance of the field sobriety tests to determine if your performance on the tests is consistent with the officer's version in his police report. The videotape can be compelling evidence and a person who looks good performing the tests can often be a good candidate for a reduction of the DUI charge regardless of the 'score' given by the officer.

The Breath Test (breathalyzer)

The breath test results may be inaccurate or unreliable for a variety of reasons. Inaccurate intoxilyzer readings could be caused by such things as the failure of the police to observe you for 20 minutes before the test, the lack of proper training and licensing of the operator, hiccups or burping during the test, high body temperature, radio interference and improper maintenance of the machine. We can obtain relevant intoxilyzer records and review the qualifications of the breath test operator to verify if everything was done according to the la

Sometimes, good performance of the field sobriety tests on videotape can cast doubt on the accuracy of a high breath test result. If a person looks perfectly fine on the videotape of the field sobriety tests, how can the high reading on the intoxilyzer be accurate?

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from an Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.