EVALUATING YOUR FLORIDA DUI CASE
The first thing to look at in a DUI case is the stop. A law enforcement officer must have a stated legal ground to stop your vehicle. Sometimes an officer made believe that a driving pattern justifies a stop, when legally that may not be correct.
- Challenging the stop
- Suppressing the evidence
- Challenging the breath test
An experienced Florida DUI attorney will be familiar with case law and rulings regarding stop issues. You should discuss these with your attorney. Also, there are specific statutory rules and procedures that must be specifically adhered to regarding the offering and taking of a breath test, blood test, or urine test. If these procedures are not followed, the results of any these tests may not be admissible in court. Florida has what is called an implied consent law. It is implied that you have consented to a breath test if the officer has cause to believe that you are driving under the influence. However, you do have the ability to refuse or decline this test. Under certain circumstances, an officer may also request a urine test. This is most often for
the detection of control substances are chemicals. There are also certain rules in regards to the manner of this request and the admissibility of the results.
- FREE DUI Consultation – Please feel free to contact us with a description of your needs, all initial consultations are free.
If you were involved in an accident and either you or another person were taken to the hospital there are procedures which must be followed by law enforcement in either requesting breath, or blood. If there are serious personal injuries and officer may be able to take your blood even without your consent. If it is impractical or a possible to administer or give a breath test when someone has been transported to a hospital and officer may request blood as an alternative. The state attorney may also
make a request for hospital records. Notice must be given to the patient for records are released and your attorney has an opportunity to object to these records. You should talk with your DUI defense attorney about your particular circumstances.
It is important to discuss all of these matters thoroughly with your DUI defense attorney. Each case is different. Your discussions with your attorney are confidential.
If procedures were not properly followed or there are other grounds on which your attorney can file a motion, breath, blood, or urine test may be inadmissible. Motions can be filed in that regard. If they are granted this can greatly affect the viability of your charges and the possible disposition or outcome.
The state of Florida uses the Intoxilyzer 8000. This is manufactured by a company called CMI. In talks allies are records are public records under Florida law. We have access to maintenance records, repair records, inspection records, correspondence, and other vital information regarding each breath testing machine which is used in the state of Florida. Challenges may arise because of issues or problems within individual machine, how it is maintained, the room in which is kept, and the operator.
Field sobriety exercises
Most often when a person is suspected of DUI the officer request them to take field sobriety exercises. This is a series of dexterity exercises which the police use to present evidence of what they believe to be impairment due to alcohol or drugs. Most often the exercises given our the walk and turn test and the one leg stand. Other exercises may include the finger to nose and the alphabet exam. Of course, everyone has different levels of physical dexterity and balance. Similarly, due to age or weight certain people may have difficulty with physical dexterity exercises. In fact, the training manual used by most law enforcement agencies informs officers that alternate tests should be performed for people with physical or weight problems. If officers do not do this, the use of these exercises can be challenged. An experienced DUI defense attorney will be experienced in the cross examination of the state’s witnesses and police officers. We can get access to and obtained copy of any videotapes made of roadside sobriety exercises. We will review those with you and compare them to other evidence or witnesses in the case. Use of videos may be limited because of other traffic in the area, lighting, or the manner in which the exercise was performed. These are matters which we will discuss thoroughly with you and going over your case.
Blood tests are used mostly an accident cases. However, a person can request a blood test after they have been given a breath test. They are most often not advised of this right by a police officer. When a blood test is sought to be used there are many things which must be explored by your attorney. If it is a “legal” blood draw, the officer must use a prepackaged kit with certain coagulants already contained in the tube. A blood draw must be done by a specifically licensed person and only under certain conditions which are specifically set forth in Florida statutes. A hospital draw, or medical blood, is normally of serum blood, and serum blood may provide a recorded value differently from a breath test comparison. These are matters which must be explored by your DUI defense attorney as well as the chain of custody and testing procedures in order to see if there are any motions regarding the admissibility or use a blood test.
Often, in an accident case, the only evidence of impairment sought to be introduced by the state may be a blood test. Experience in these types of cases is important to you. Larry Sandefer is highly experienced in handling all types of DUI cases.
Urine tests may be requested if a breath alcohol test is law enforcement officer has reason to believe the person may be under the influence of a controlled substance and you breath test is lower than what the officer believes it should be for his opinion of the level of intoxication. Urine tests provide an analysis of
substances which are already in the urine. Some of these substances have been processed and only metabolites are present. Expert consultation is valuable in determining whether it is possible to determine if the substances were actually in the blood at the time of driving, or if the quantity or type of drug were sufficient to cause a physical impairment.
A valid prescription for a substance is not a defense to a ‘DUI by controlled substance’ offense. Different substances will remain is a person’s system longer that other controlled substances. For example, cocaine can remain from 12 hours up to 3 days while benzodiazepines can remain up to 3 weeks depending on long term use. Some substances have a half life of a matter of hours and the value of results showing presence of these substances may be subject to challenge. We have access to and consult with chemical experts and doctors regarding these issues which may be of importance to you and your case.
Contact Florida DUI Traffic Lawyers
Larry Sandefer – Drunk Driving Defense Attorney & DUI Defense Lawyer
- Over 30 Years Courtroom Experience
- Former Lead Trial Lawyer & Division Director
- Over 5000 Criminal Cases Handled
- Hundreds of Jury Trials as sole or lead counsel
FLORIDA DUI DEFENSE TOPICS
- Other Types of DUI Accusations – Many DUI cases involve the accusation of impairment due to drug ingestion. Not only are we experienced in this area, we have access to experts including renowned chemists to review your case and offer testimony if necessary.
- Felony DUI & DUI with Serious Injuries – A DUI can become a felony if it is the third DUI conviction and the previous conviction is within 10 years. A fourth DUI conviction is also classified as a felony.
- DUI Manslaughter – A DUI MANSLAUGHTER occurs when there is a death of a human being caused or contributed to by a person who is driving under the influence to the extent his or her normal faculties are impaired.
- Possible Penalties for DUI – Penalties for DUI can increase if a person has any prior convictions for driving under the influence. The number of convictions, when they occurred, and even whether you were represented can have dramatic affects on your license and penalties.
- Traffic DUI Law – Arrested for a Florida Traffic DUI? In Florida, if you have been arrested for DUI and your breath test result was .08 or higher, or if you refused to take the breath test, the officer probably took your driver’s license from you.
- Florida DUI Developments – Larry Sandefer attends valuable programs locally and nationally such as “Masters of DUI”, “Blood, Breath and Tears”, as well as the National DUI Conference put on by the National College of DUI Defense
- FREE DUI Case Evaluation – Contact us today for a Free Florida DUI Case Evaluation.