If you have been arrested for DUI in Florida and either refused to provide a breath sample or provided a sample over the legal limit, then you need to file a petition challenging the administrative suspension of your license within 10 days of your arrest. Failure to file a timely petition challenging the administrative suspension will result in the loss of your driving privileges--regardless of the outcome of your criminal case.
Police officers throughout the State of Florida arrest thousands of people each year for DUI. Many people faced with DUI think that there is no need to hire an attorney because they blew over the legal limit or because they did not properly perform the field sobriety exercises. The fact of the matter is that there are always defenses available in a DUI case, and it is always advisable to seek the assistance of an experienced attorney to protect your rights.
Prosecutions for DUI can me very technical and complicated, and police officers are required to follow certain procedures in each and every DUI arrest. Often these procedures are not followed, which can result in the reduction or dismissal of the charges against you.
Please do not hesitate to contact me for your free DUI consultation. Time is of the essence. I want to make sure that we timely file the petition to challenge the administrative suspension and begin formulating our defense, which will include exploration of the following issues:
- Did the officer have sufficient legal cause to conduct a traffic stop of your vehicle? If not, then the subsequent DUI investigation and evidence obtained and may have been illegal and thus inadmissible against you.
- Did the officer have sufficient legal cause to detain you for a DUI investigation? If not, then the officer's detention of you may have been unconstitutional. In such circumstances, we will need to file a motion to try to have the evidence excluded.
- Did the officer properly administer the field sobriety exercises? Officers must administer the field sobriety exercises according to certain rules and regulations. If the officer fails to properly administer the tests, there may be grounds to have the results excluded from evidence.
- Do you have a physical or mental condition that interfered with your ability to perform the field sobriety exercises? Many people cannot satisfactorily perform the field sobriety exercises even though they are not under the influence. This may be because of an old knee, foot, leg, or even head injury that may affect one's balance.
- Was the breathalyzer machine functioning properly? Many people think that there is no defense if they blew over the legal limit. This is simply untrue. The breath test is a machine, and machines sometimes do not work properly. Breath test machinery must be properly calibrated and inspected. Certain machines may even have a history of errors. In addition, even if the machine was working properly, there may have been other external factors that caused the machine to provide an inaccurate reading. Any problems with the breath test machine may be grounds for suppression of the evidence or subject to rigorous cross examination at trial.
- Did the officer properly advise you of implied consent? If you refused to provide a breath sample, the prosecutor will want to introduce this fact against you at trial. However, there may be grounds to exclude the fact that you refused to submit to a breath test.
The penalties that will result from a DUI are severe, which is why it is so important to hire an experienced DUI attorney that you can trust to fight for and protect your rights.
If you have been arrested for DUI anywhere in Brevard County, including, Melbourne, Palm Bay, Cocoa, Cocoa Beach, Merritt Island, Titusville, Rockledge, Cape Canaveral, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Indialantic, Palm Shores, Grant-Valkaria, or Mims, please contact me at (321) 576-8398 to discuss your case.