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' whether your ‘normal faculties’ were impaired to
point that is 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. 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 our duty 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.
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 susceptible to
arrest. This may be the case even if the driver has physical
disabilities.
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 law.
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.
Consult With an Experienced Orlando and
Kissimmee 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 a 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.
The Central Florida DUI defense law firm of
Corzo and Kohrs
exclusively limits their practice to defending clients charged with
criminal offenses including DUI and other crimes throughout central
Florida, including clients from Orange County, Osceola County,
Seminole County, Polk County, and Pinellas County and in cities such
as Orlando, Kissimmee, St. Cloud, Poinciana, Celebration, Hunter’s
Creek, Ocoee, Oviedo, Avalon Park, Windermere, Altamonte Springs,
Baldwin Park, Clermont, Winter Park, St. Petersburg, Seminole,
Clearwater, including clients from schools such as University of
Central Florida UCF, University of South Florida USF, Valencia
Community College, Full Sail, and other Central Florida schools.
Florida DUI Attorney Will Corzo and Sam Kohrs are available 24 hours
a day and on weekends and holidays.