1 FlridaDUILawyer.cm Hw t Beat a DUI in Flrida By Jhn Musca, Esq.
2 TABLE OF CONTENTS Chapter 1: Intrductin:.. 3 Tw Cases Filed Against Yu....4 Prtecting Yur Driver s License....4 Chapter 2: Why Hire an Attrney:...5 Des Legal Experience Matter... 5 Ttal Csts f a DUI Cnvictin in Flrida 5 Prtecting Yur Ability t Drive...6 Chapter 3: DUI Defenses:....7 Cmmn DUI Defenses... 7 DUI Defenses Fr Wmen..7 Chapter 4: Cnsequences f a DUI:...8 DUI Sanctins, Penalties and Fines Jail Sentencing Guidelines fr DUI Cnvictins..9 Chapter 5: Defending Breath Test Results:...11 Mandatry 20-Minute Observatin Perid Imprper Test Administratin...12 Chapter 6: Defending Bld Test Results:...13 Bld Testing As Evidence Legal Challenges t Bld Test Results...14 Chapter 7: Defending Urine Test Results:...15 Why Urine Tests Are Perfrmed Prblems Using Urine Testing As Evidence.. 16 Chapter 8: Refusing Chemical Testing:...17 Penalties f Test Refusal Flrida s 10 Day Administrative Hearing Challenge Rule 18 Chapter 9: Find a Flrida DUI Lawyer:....19
3 INTRODUCTION If yu r a lved ne has been arrested fr driving under the influence ("DUI") in the state f Flrida, yu shuld never assume that yu are withut ptins. Yu shuld never plead guilty withut legal advice and representatin frm an experienced DUI attrney. All DUI charges are serius criminal allegatins that carry harsh penalties, fines, and ther cnsequences that can negatively impact yur life fr many years. This Flrida E-bk prvides a cmprehensive legal resurce t help yu better educate yurself if yu are charged with a DUI ffense in the State f Flrida. These Flrida DUI resurces will help t prepare yu fr the difficult legal decisin yu will need t make cncerning yur case. Alternatively, yu may call ur 24/7 Flrida DUI helpline tll free at (800) t speak with a lawyer in yur area t discuss the facts f yur DUI case. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting It is vital that yu fully understand and weigh the legal ptins available t yu in rder t prtect yur legal rights at bth yur DUI administrative hearing and criminal prceeding. Why Des Experience Matter in Flrida DUI Cases? Attrneys wh fcus their practice exclusively n defending clients charged with a DUI tend t be better infrmed regarding new develpments and nvel legal issues and defenses that are embdied in Flrida's criminal statutes and case law relevant t DUI. One f the best DUI defense strategies is t submit pretrial mtins t the judge that ask fr key pieces f evidence against yu t be excluded and fr the curt t dismiss the charges. In the event that the judge rules t exclude certain pieces f evidence against yu, the prsecutr is likely t reduce yur charges t reckless driving r sme ther less serius ffense. If yur case des g t trial, any prejudicial evidence that is suppressed may significantly increase yur chances f being fund "nt guilty. The Cnsequences f a Flrida DUI Cnvictin Thrughut this website, yu will learn abut the varius ways yu can beat a Flrida DUI charge. Even if yu r a lved ne was arrested, subject t a chemical test and/r perfrmed a field sbriety test, this des nt mean that the prsecutr will be able t btain a cnvictin. The penalties and csts assciated with a Flrida DUI cnvictin are life changing and expensive. These penalties culd include the pssibility f jail time, hefty fines, curt csts, cmmunity service hurs, lengthy prbatin, DUI schl, substance abuse evaluatins with fllw up cunseling sessins, vehicle
4 impundment, and installatin f an ignitin interlck device n yur vehicle. A Flrida DUI cnvictin als can impact yur career as well as future educatinal and emplyment pprtunities. Thse individuals wh require special state r federal certificatin including airline pilts, cmmercial (CDL) truck drivers, cunselrs, dctrs, lawyers, members f law enfrcement, military persnnel, nurses, and schl teachers can have their career status jepardized. Every DUI Charge Results in Tw Cases Being Filed Against Yu When yu have been arrested fr DUI in the State f Flrida, there are tw cases filed against yu. The first case against yu will be an administrative hearing that deals with yur driver s license. The secnd case is the criminal case that will determine yur punishment and sentence shuld yu be fund guilty. Prtecting Yur Driver's License In the State f Flrida, when yu are arrested fr drunk while intxicated, yu have 10 days t request a frmal review hearing t cntest the administrative suspensin f yur driver s license. An experienced Flrida DUI lawyer will represent yu in the frmal review hearing t help yu btain a temprary driving permit pending the utcme f yur criminal case. This frmal review hearing is an imprtant stage in yur case because yur attrney has the right t crss-examine key prsecutin witnesses such as the arresting plice fficer, the breath test machine technician, and anyne invlved with the calibratin and testing f the breath test machine. Anther advantage f having an attrney represent yu at yur frmal review hearing is that yur lawyer may subpena legal dcuments that will be used in yur pending criminal trial. The Criminal DUI Prcess Made Easier When yu retain a Flrida DUI lawyer, yur legal cunsel may be able save yu the emtinal stress and incnvenience f having t appear in many f the pretrial curt hearings. Free Cnsultatin With a Flrida DUI Lawyer In Yur Area: Hiring a Flrida DUI attrney t aggressively defend yu can help yu btain the best pssible result in yur case. Call ur tll-free, Flrida DUI Helpline at 1 (800) r search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
5 Why Hire a Flrida DUI Attrney If yu r a lved ne has been arrested fr driving under the influence ("DUI") in the state f Flrida, yu face very grave penalties such as jail time and/r severe financial fines and expenses that can ttal as much as $8,000 in the first few years fllwing a Flrida DUI cnvictin. Pleading guilty t Driving While Intxicated means that yu frg yur chances f beating yur DUI charge altgether. D nt expect leniency fr pleading guilty t a DUI charge. The best way t btain a psitive result is t develp a strng defense that may result in the dismissal f yur charges altgether. All DUI charges are serius criminal ffenses that carry harsh penalties, fines, and may negatively impact yur life fr many years. The fact that yu r a lved ne was arrested, subject t a chemical test and/r perfrmed a field sbriety test des nt mean that prsecutr will be able t btain a cnvictin. The Cnsequences f a Flrida DUI Cnvictin The penalties and csts assciated with a Flrida DUI cnvictin are life changing, incnvenient and expensive. These penalties may include ne r mre f the fllwing punishments regardless f whether r nt yu have been arrested fr DUI r this is yur 1 st ffense. Pssible penalties fr a Flrida DUI cnvictin include: Pssibility f jail time Hefty fines Curt csts Cmmunity service hurs Lengthy prbatin DUI schl Substance abuse evaluatins with fllw up cunseling sessins Vehicle impundment Installatin f an ignitin interlck device n yur vehicle. Negative impact n yur career as well as future educatinal and emplyment pprtunities Every DUI Charge Results in Tw Cases Filed Against Yu After yu have been arrested by law enfrcement n a charge f DUI, there are tw cases that will be filed against yu. The first case that will be filed against yu is an administrative hearing. This hearing will determine whether r nt yu will get a temprary license until yur criminal curt hearing. The secnd case invlves that will be filed against yu is the criminal case. The criminal case will determine whether r nt yu are guilty f DUI and the punishment if yu are fund guilty f DUI.
6 Prtecting Yur Ability t Drive In the State f Flrida, when yu are arrested fr drunk while intxicated, yu have 10 days t request a frmal review hearing t cntest the administrative suspensin f yur driver s license. An experienced Flrida DUI lawyer will represent yu in the frmal review hearing and help yu btain a temprary driving permit pending the utcme f yur criminal case. This frmal review hearing is an imprtant stage in yur case because yur attrney has the right t crss-examine key prsecutin witnesses such as the arresting plice fficer, the breath test machine technician, and anyne invlved with the calibratin and testing f the breath test machine. Anther advantage f having an attrney represent yu at yur frmal review hearing is that yur lawyer may subpena legal dcuments that will be used in yur pending criminal trial. The Criminal DUI Prcess When yu retain a Flrida DUI lawyer, yur legal cunsel may be able save yu the emtinal stress and incnvenience f having t appear in many f the pretrial curt hearings. Free Cnsultatin With a Flrida DUI Lawyer In Yur Area: Hiring a Flrida DUI attrney t aggressively defend yu can help yu btain the best pssible result in yur case. Call ur tll-free, Flrida DUI Helpline at 1 (800) r yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney by visiting If yu need immediate assistance, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week.
7 DUI Defenses When faced with the pssibility f a criminal cnvictin fr Flrida DUI, the gal is t defend yur case aggressively s that yu can persuade the prsecutr t reduce yur DUI case t reckless driving r btain a dismissal f the charges. An experienced Flrida DUI lawyer may als be able t negtiate whether r nt the curt will "withhld adjudicatin" n the reckless driving charge. An agreement t withhld adjudicatin will seal this criminal charge n yur recrd frm public access. The mst cmmn types f Flrida DUI defenses include: Jurisdictinal Issues Driving r Actual Physical Cntrl Prbable Cause Fr The Stp Challenging Field Sbriety Exercises Disputing The Chemical Results Using The DMV Hearing t Defeat Criminal DUI Case Surce Cde f Breath Test Machine Vide Evidence Expert Witnesses DUI Defense Fr Wmen - There are a number f reasns that DUI charges against wmen are skewed. Mre wmen are being unfairly arrested fr drunk driving. A savvy Flrida DUI attrney can help yu fight thse charges. They will pint ut the discrepancies in accuracy fr breath test analyzers n female subjects. They will als pint ut the difficulties that are smetimes encuntered when wmen are wearing high heels r are bareft and attempting t perfrm sbriety tests. If yu need immediate assistance, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
8 Cnsequences f a Flrida DUI Free Cnsultatin With a Flrida DUI Lawyer In Yur Area: DUI penalties vary depending n the number f cnvictins yu have had, if any, and the individual circumstances f the incident. Penalties include jail time, driver s license suspensin, cmmunity service, vehicle impundment, DUI schl, substance abuse evaluatin and pssible treatment, randm testing, victim impact panels and fines and curt/prsecutin csts. Flrida DUI Penalties, Sanctins r Punishments After an individual has been arrested in Flrida fr Driving Under The Influence ( DUI ), ne f the first questins f cncern is Am I ging t jail r what are the punishments I am lking at? An initial cnsultatin with an experienced Flrida DUI lawyer can prvide the best answers as each case is unique invlving different factrs and circumstances. The penalties als will vary depending n the criminal charges that were filed against yu. Hwever, the State f Flrida des have a set standard f minimum penalties, sanctins and punishments, which increase in severity depending n whether yu have prir cnvictins. Visit ur Flrida DUI lawyer directry t find an experienced Flrida DUI lawyer in yur area wh will ffer a free initial cnsultatin t discuss the particular penalties assciated with yur case. Flrida s Statutry Minimum Mandatry Requirements Fr DUI Cnvictins The Flrida statutes prvide minimum mandatry punishments t be impsed by the Curt in every case when an individual is cnvicted f a DUI. The mst imprtant thing t cnsider is that a negtiated plea with the prsecutr may result in less severe punishment than the mandatry minimum. An experienced Flrida DUI attrney represents will ften be able t build a strng enugh defense t encurage the prsecutr t cnsider negtiating a plea deal. In almst every case, the minimum mandatry penalties are far greater and much mre cstly than peple charged with their first DUI in Flrida wuld expect. These are just the minimum punishments, and the curt may decide t impse mre severe penalties when reviewing the facts and circumstances f yur case.
9 Jail Sentencing Assciated With DUI Cnvictins First DUI Cnvictin: Up t six (6) mnths in jail. The jail sentence may be increased up t nine (9) mnths if the bld alchl cncentratin ( BAC ) results were.15 r ver. The jail sentence may als be increased t nine (9) mnths if a minr child was in the vehicle at the time f arrest. Secnd DUI Cnvictin (within 5 years): Upn receiving a secnd DUI cnvictin within 5 years f a previus DUI cnvictin, yu are facing up t nine (9) mnths in jail. The penalty may be increased r enhanced t a jail sentence f up t (12) twelve mnths if the bld alchl level ( BAC ) results were ver.15. The jail sentence als may be increased t (12) twelve mnths if there was a minr was in the vehicle at the time yu were arrested fr DUI. The minimum mandatry jail sentence is 10 days. An individual als must serve (48) frty-eight hurs f cnsecutive cnfinement. Third DUI Cnvictin: Any individual cnvicted f a third DUI in the State f Flrida will serve a minimum (30) thirty days f mandatry jail time shuld the third cnvictin ccur within (10) ten years f the secnd cnvictin. There als may be a jail term impsed f up t (12) mnths fr a third DUI cnvictin within r after (10) ten years f a secnd DUI cnvictin. Furth r Subsequent Felny DUI Cnvictin: Anyne cnvicted f a furth DUI r subsequent DUI in the State f Flrida is facing a prisn sentence f up t (5) five years r lnger. Flrida DUI Fines Flrida Statute Sectin (2)(a) thrugh (b), prvides the fines that can be impsed n an individual cnvicted f a DUI. These fines may be increased r enhanced depending n the circumstance f yur case, such as, whether r nt a minr child was in the vehicle at the time f arrest r whether r nt this is a repeat ffence r there was prperty damage r persnal injury invlved. First DUI Cnvictin: The fine fr a first time DUI cnvictin is between $500 and $1,000. The fines increase t a minimum f $1,000 t a maximum f $2,000 if the BAC results were.15 r higher. This increase als is added if a minr was in the vehicle at the time f yur arrest. Secnd DUI Cnvictin: The fine fr a secnd DUI cnvictin in the State f Flrida is between $1,000 and $2,000. This fine can be increased t between $2,000 t $4,000 with a BAC result f.15 r higher and/r if a minr child was in the vehicle at the time f yur arrest. Third DUI Cnvictin: A third DUI cnvictin (utside f 10 years) will result in a fine f a minimum $2,000 up t $5,000. The minimum fine is increased t
10 $4,000 if the result f yur BAC was.15 r higher and/r if a minr child under the age f 18 was in the vehicle at the time f yur arrest. Furth DUI Cnvictin: A furth DUI in the State f Flrida becmes a mandatry felny charge. Any fines may nt be less than $2,000. If yu need immediate assistance, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
11 Defend Yur Flrida DUI Breath Test Results A breath test result ver the legal limit f.08 is nt necessarily meant that yu will be fund guilty in yur criminal case. A knwledgeable and experienced Flrida DUI attrney will tell yu that the results may nt be reliable. There are physical and medical causes that may raise yur bld alchl cncentratin and make it inaccurate. Yur Flrida DUI lawyer may emply a number f pssible defenses revlving arund yur breath test and its results. Did yu knw that many f these breath test cases regardless f hw high the test readings were are dismissed r reduced t reckless driving during the pretrial mtin hearings? In many cases, a DUI cnvictin is avided when yu hire an experienced Flrida DUI lawyer t defend yur DUI charges. In pre-trial mtins, it is vital t yur defense that yu argue t exclude the breath test results. The standard breath test machine used thrughut the State f Flrida is the Intxilyzer The Intxilyzer 8000 machines have been shwn t have serius mechanical prblems that undermine the test accuracy and their integrity fr admissin as evidence. Inaccurate r false high readings can ccur d t imprper machine calibratin, a burp r belch during the 20-minute wait perid prir t taking the breath test, alchl trapped by dentures r dental appliances and medical cnditins affecting lung functin r bdy temperature. An experienced Flrida DUI lawyer will file a Mtin fr Inspectin t have experts inspect the Intxilyzer 8000 s sftware, surce cde, the machine s interir and inner cmputer cmpnents. An experienced Flrida DUI attrney will als file a Mtin t Suppress yur breath machine test results since the Intxilyzer 8000 was nt actually apprved by Flrida state law due t cmpliance issues with Flrida Department f Law Enfrcement Rules. Mandatry 20-Minute Observatin Perid Prir T Test Sample Flrida law requires that a 20-minute waiting perid must be bserved prir t administering a breath test. An individual wh is t prvide a breath sample must nt have eaten, drank r taken anything by muth fr at least 20 minutes. The subject als must nt have regurgitated fr a minimum f 20 minutes prir t prviding a breath test. Under Flrida law, this 20-minute bservatin rule has t be fllwed in rder fr yur breath test results t be admitted as evidence against yu. In rder t substantiate whether r nt this 20-minute bservatin perid was prperly bserved, an experienced Flrida DUI lawyer shuld btain and view a cpy f the videtape f yur breath test.
12 Imprper Breath Test Administratin A cmmn cause f a false high breath test result is the imprper administratin f the breath test. Shuld the subject be tld t prvide a lng r verextended breath sample, fr example, a false high result is likely t ccur. In ther wrds, the lnger yu are tld t blw int the breath test machine, the higher yur bld alchl reading is likely t be especially if yu have diminished lung capacity. If yu submitted a breath test and were charged with a DUI in Flrida, call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
13 Defend Yur Flrida DUI Bld Test Results Free Cnsultatin With a Flrida DUI Lawyer In Yur Area: A bld test is ne f the methds f measuring yur bld alchl cncentratin after a Flrida DUI stp. Flrida state law limits hw they are btained, wh may take the bld sample and the circumstances in which they may be administered. If any f the prescribed prcedures and requirements were fllwed imprperly, these vilatins may frm the basis f a persuasive defense in yur Flrida DUI case. Accrding t Flrida criminal statutes, a bld test measuring the percentage f alchl in yur bld may be requested if breath r urine testing is impssible r impracticable, r if there is an accident resulting in serius persnal injury r death. A bld test may als be requested in thse instances where the subject s breath test results are belw the legal limit, but there are sufficient indicatrs f impairment frm drugs. Flrida Laws Regarding Bld Testing As Evidence in a DUI Trial Flrida law grants law enfrcement the right t request a sample f a subject s bld fr testing. Fr the bld test results t be admissible in a DUI trial, hwever, the prsecutr is required t prve that the medical technician that drew the bld sample was qualified, that the bld test results are relevant t the case, and that the bld test results are scientifically reliable. Fact - If yu blew under the legal limit but were required t submit t a bld test, yur license may nt necessarily be suspended. A suspensin will depend n the utcme f yur lab results, which takes 2-4 mnths. An experience Flrida DUI lawyer can ensure that yur license is still valid during the time it takes the results t return frm the Flrida Department f Mtr Vehicles. The Flrida Dept f Law Enfrcement (FDLE) des the lab testing and then prvides the bld alchl cncentratin ( BAC ) results in a reprt t the arresting agency. If the FDLE finds any intxicating chemicals r alchl in the bld sample, it is up t the arresting agency t decide whether r nt they will pursue the administrative hearing r driver s license suspensin. Yu will receive ntificatin r a cpy f yur citatin giving yu ntice f yur driver s license suspensin in the event yur license has been suspended. Flrida DUI trials that invlve bld test evidence are the mst expensive and cmplicated DUI cases t prsecute due the length f time it takes fr the test results t return. An experienced Flrida DUI lawyer will be able t review the facts f yur DUI case and determine which f the fllwing legal challenges shuld be raised in defending a Flrida DUI bld test case. These challenges can lead t cmplete exneratin r dismissal f the DUI charges pending against yu. The legal
14 challenges als can be used t negtiate the reductin f yur DUI charge dwn t a reckless driving charge that ultimately prevents a DUI cnvictin n yur recrd. Legal Challenges Used T Defend Flrida DUI Bld Test Results: Prving the bld sample was nt drawn by qualified medical persnnel Bld sample mistakes such as using an alchl pad t prep the vein Imprper cntaminatin f the bld sample with chemicals Nt prviding a 2nd sample fr independent testing by defense attrneys Failure t establish the prcedures and time lines used by lab persnnel Imprper care, handling r strage f the sample Human errr Imprper equipment recalibratin Failure t prve adherence t stringent lab prcedures Failure t establish that the test results are scientifically reliable An experienced Flrida DUI lawyer will investigate yur case and lk fr any discrepancies r vilatins f required prcedures invlving yur bld test. Experts will als review these situatins in rder t prvide valid testimny cncerning the testing prcedures r methds used t test yur bld fr alchl r chemicals. Flrida's Implied Cnsent Laws In Regards T Bld Withdrawal In the State f Flrida, law enfrcement is authrized by law t withdraw bld withut a persn s cnsent and by frce in limited situatins. Flrida Statute Sectin (1) prvides a law enfrcement fficer has prbable cause t believe that a mtr vehicle driven by r in the actual physical cntrl f a persn under the influence f alchlic beverages, any chemical substances, r any cntrlled substances has caused the death r serius bdily injury f a human being, a law enfrcement fficer shall require the persn driving r in actual physical cntrl f the mtr vehicle t submit t a test f the persn's bld fr the purpse f determining the alchlic cntent theref r the presence f chemical substances as set frth in s r any substance cntrlled under chapter 893. DUI cases that invlve prviding a bld sample fr chemical testing are usually the mst challenged cases by defense attrneys. If yu have been charged with DUI and have submitted t a bld test, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
15 Defend Yur Flrida DUI Urine Test Results Free Cnsultatin With a Flrida DUI Lawyer In Yur Area: A Flrida law enfrcement fficer may request a urine test when a breath test returns at.08 r less. The fficer may als be lking fr evidence f substances in the bld such as marijuana, ccaine r ther narctics as well as prescriptin r nn-prescriptin drugs. Hwever, these tests may be prven unreliable r inaccurate. Yur Flrida DUI lawyer may determine that this evidence shuld be challenged as inadmissible r that the urine test is a weak link in the prsecutr s case that can be used in yur favr. Mst peple d nt realize that they are autmatically prviding cnsent t the State f Flrida t submit t a chemical test when they drive n Flrida rads. Flrida s "Implied Cnsent Law" requires individuals suspected f Driving While Intxicated by alchl r drugs t submit t chemical testing f their urine, breath r bld. After yu have been arrested fr suspicin f DUI, Flrida state laws give law enfrcement fficers the authrity t request submissin t a urine test. Refusal t submit t urine r ther chemical tests triggers autmatic punishments and cnsequences fr refusing t submit t testing. In the State f Flrida, a urine test is typically requested if a subject is suspected f Driving Under The Influence but blws under the legal limit. A urine test is als rdered when the subject has physical impairments r the breath test equipment is nn-functinal r therwise unavailable. If yu blew under the legal limit but were required t submit a urine sample, yur license is nt necessarily suspended since the lab (and depending n results) will take 2-4 mnths t test and reprt the results f yur urine sample t the Flrida DMV. The Flrida Department f Law Enfrcement des the testing then submits the results in a reprt t the arresting agency. If FDLE finds any chemicals r alchl in the urine sample, it is up t the arresting agency t decide whether r nt they will pursue the administrative hearing r driver s license suspensin. Yu will receive ntificatin r a cpy f yur citatin giving yu ntice f yur driver s license suspensin. The urine tests used in the State f Flrida have the ability t detect trace amunts f the fllwing substances: Illegal narctics such as ccaine, herin and marijuana Prescriptin cntrlled substances such as Cdeine r Hydrcdne Cmmn ver-the-cunter medicatins like cugh medicine Urine tests are nt designed t measure the level f intxicatin and cannt accurately pinpint the exact time in which the alchl r narctics were
16 cnsumed. An experienced Flrida DUI lawyer will likely retain a qualified pharmaclgical expert r txiclgy expert t assist yur DUI defense attrney in explaining the prblems with the test results at pre-trial mtins r during yur trial. Prblems The Prsecutin Has T Address With Urine Test Evidence 1. DUI urine tests are the least scientifically reliable 2. Inability t measure Bld Alchl Cncentratin (BAC) levels 3. Inability t prve drug intxicatin r impairment 4. False psitives results Urine tests are a very unreliable methd fr the prsecutin t prve intxicatin r impairment. Urine tests are susceptible t human errr and cntaminatin which will make the resulting false psitive urinalysis result inadmissible in a lt f Flrida DUI cases. Mrever, the use f strict prcedural prtcl is hard t prve. If challenged by an experienced Flrida DUI lawyer, urine tests ften can be successfully excluded as inadmissible at trial. Flrida DUI lawyers understand that any admissin f a urine test will be prejudicial t yur defense. This is because it allws the jury t becme aware f a defendant s past drug use which by itself may cnvince a jury that the defendant is guilty regardless f whether r nt the test failed t prve impaired driving. If yu have been arrested and charged with a DUI and have submitted a urinalysis, call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
17 Chemical Test Refusal Free Cnsultatin With a Flrida DUI Lawyer In Yur Area: When yu are stpped by a plice fficer while driving under the influence, yu may be asked t take a bld, urine r breath test. Yu may refuse, but yu will face immediate administrative sanctins and pssibly a suspensin f yur driving privileges. An experienced Flrida DUI lawyer can help yu turn this refusal int an advantage fr yur defense. If yu need immediate assistance, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting Upn being placed under arrest fr suspicin f driving under the influence, yu will be asked t submit t a chemical test such as a breath test, bld test r urine test. Shuld yu refuse t submit t any chemical tests, tw events will ccur. #1 The law enfrcement fficer will immediately seize yur Flrida driver's license and yur driving privileges will be immediately revked. #2 The prsecutr s ffice will prceed with a criminal case against yu using yur refusal t submit t a chemical test as evidence that yu thught yu were guilty f DUI. If yu refuse t take any frm f DUI chemical testing, yur chances fr beating yur DUI cnvictin are increased due t the fact it will be harder fr the prsecutin t prve driving under the influence withut a psitive chemical test result. The burden f prf that yu were intxicated r driving impaired will frce the prsecutr t try and present a case based n less tangible evidence. Fr a first test refusal ffense, yur Flrida driver's license is likely t be immediately seized and suspended fr 12 mnths and a cmmercial driver s license r CDL license als will be suspended fr 12 mnths. A secnd test refusal will result in an autmatic 18-mnth suspensin f a Flrida driver s license and a permanent revcatin f a CDL license. Fr a third r subsequent DUI arrest where yu refuse a breath test withut prir refusals, yu are facing a 12-mnth suspensin. With a prir breath test refusal, yu will face an18 mnth suspensin.
18 Will I Be Cnvicted f a DUI When I Refuse a Chemical Test? Mst DUI charges are drpped when a subject refuses t submit t a DUI chemical test such as a breath, urine r bld test. Hwever, this des nt mean that yu shuld nt retain an experienced Flrida DUI lawyer t represent yu. Withut qualified legal cunsel, the prsecutin may press frward with the criminal prsecutin f yur DUI case. Factrs that shuld be evaluated by an experienced Flrida DUI lawyer: Did the fficer prperly advise yu abut Flrida s Implied Cnsent Warnings? Did the driver technically "refuse" r was the driver unable t submit? Did the driver indicate that he r she wanted t speak with an attrney befre taking the test? Was there a valid legal basis fr stpping the vehicle r arresting the driver? Are there witnesses t substantiate the driver f the vehicle in an accident situatin? Flrida s Ten Day Administrative Hearing Challenge Rule In Flrida, yu have a perid f 10 days t fight the administrative suspensin f yur driver's license. These hearings are nt autmatic, and an experienced Flrida DUI lawyer will file a demand fr yur Frmal Review Hearing. This prcess is very helpful in defending yur charges because it allws yur attrney t subpena the fficers invlved at the scene, the breath test technician and/r any ther witnesses relevant t yur DUI case. The Frmal Review Hearing prvides yur attrney with the pprtunity t fight yur driver s license suspensin and the ability t crss-examine any r all f the witnesses that will be used in yur criminal trial. DUI Refusal Defenses Raised By An Experienced Flrida DUI Lawyer A refusal t submit t a chemical test is nly admissible in curt when that law enfrcement fficer has prven full cmpliance t Flrida's Implied Cnsent Statute, Sectin (1)(a). This statute states that a driver n Flrida rads has autmatically cnsented t submit t an "apprved" chemical test f the subject s breath, urine r bld upn lawful arrest fr driving under the influence. Shuld yu refuse t take the chemical tests, yu will be mved t a rm and vide taped as the arresting fficer reads yu Flrida s Implied Cnsent Warning.
19 Flrida state law requires this. Flrida s Implied Cnsent Warning If yu fail t submit t the chemical test f yur breath, bld, r urine, yur privilege t perate a mtr vehicle will be suspended fr a perid f ne (1) year fr a first refusal, r eighteen (18) mnths if yur privilege has been previusly suspended as a result f a refusal t submit t a lawful test f yur breath, urine r bld. Additinally, if yu refuse t submit t the test I have requested f yu and if yur driving privilege has been previusly suspended fr a prir refusal t submit t a lawful test f yur breath, urine r bld, yu will be cmmitting a misdemeanr (pursuant t Flrida Statute ). Refusal t submit t the test I have requested f yu is admissible int evidence in any criminal prceeding. D yu still refuse t submit t this test knwing that yur driving privilege will be suspended fr a perid f at least ne year and that yu will be charged criminally fr a subsequent refusal? Shuld Inncent Drivers Refuse t Submit t Chemical Testing? As previusly discussed, the prsecutin will attempt t use yur refusal t submit t a chemical test as evidence f yur guilt. An experienced Flrida DUI lawyer will carefully investigate yur case t determine the apprpriate defense t allegatins that yu refused a chemical test. Sme reasns peple refuse t submit t chemical testing after a DUI arrest even if they believe they are inncent f a DUI include the fllwing: Health cncerns related t the maintenance r cleanliness f the instrument Miranda Rights cnfusin cncerning the right t speak with an attrney befre submitting t a chemical test Reliability cncerns pertaining t a breath test machine and the pssibility f prducing a false psitive Disbelief in the fficer s authrity t request a breath, bld r urine test Medical prblems that culd affect testing If yu need immediate assistance, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
20 Find a Flrida DUI Lawyer If yu r a lved ne has been arrested fr Driving Under the Influence (DUI) in Flrida, ur Flrida DUI lawyer directry can help yu select an experienced DUI attrney in yur area. Each Flrida DUI lawyer participating in the Flrida DUI lawyer directry is very familiar with Flrida criminal statutes and laws as well as applicable Flrida case law. The DUI defense attrneys listed in ur directry can examine the different types f questinable evidence that may be invlved in yur particular case. The Flrida DUI defense lawyers listed in ur directry will aggressively defend yur case t prvide the best pssible utcme in yur favr. There are a number f factrs that may make yur case unique. Each law firm ffers a free, cnfidential cnsultatin t address yur cncerns and cnsider all f the circumstances and pssible defenses in yur Flrida DUI case. T get started searching fr a Flrida DUI lawyer in yur area, select the Flrida cunty belw where yu were arrested fr DUI. Yu may als select the Flrida cunty in which yu wuld t like meet with an attrney. All ffice visits are by appintment nly and must be scheduled in advance. If yu need immediate assistance, please call ur 24/7 Flrida DUI helpline at (800) t speak with an attrney. All phne calls are answered 24 hurs a day and 7 days a week. Yu may als search ur Flrida DUI Lawyer Directry t lcate a Flrida DUI attrney in yur area by visiting
PREFACE The prcedures utlined in this manual describe hw the Standardized Field Sbriety Tests (SFSTs) are t be administered under ideal cnditins. We recgnize that the SFSTs will nt always be administered
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