Judges and prosecutors in Florida take a rigid stance on DUI crimes. MADD and other powerful organizations have taken a zero stance tolerance policy on DUI charges. Drunk drivers are a hazard to every other driver on the road often resulting in injuries and deaths to others. Their position is clearly evident in the courtroom and in the back of the mind of all prosecutors and judges when it comes to making offers to resolve cases and sentencing. A DUI arrest will result in losing your driver’s license, hefty fines and high court costs. You may even spend time in jail or prison depending on your particular circumstances. It is important to hire an Englewood DUI attorney to help you with your case. Depending on your situation, your case could be reduced or dismissed.
Field Sobriety Tests Not ExercisesIf you are arrested for a DUI, you likely participated in a field sobriety test and were asked to blow into a machine to determine your alcohol consumption. Breathalyzers are among the most common of sobriety tests. If you blow at or above the legal limit of .08 when your sobriety test is administered, you might feel like you have no defense to your DUI case. However, there are many defenses a DUI lawyer in Englewood can use to reduce or dismiss your case. One defense could be that the field sobriety test was not adequate in testing your sobriety. Factors such as faulty maintenance of the intoxilizer equipment and nervousness of the individual tested can play a part in the outcome of these tests. Prosecutors like to call Field Sobriety Exercises, not Field Sobriety tests since they claim they are not pass or fail. In reality, however, if you are ever asked to perform these tests “exercises” law enforcement has already made the decision to arrest you.
Some FSE’s that might have been administered if you were pulled over and accused of driving under the influence are:
One-Leg Stand TestThis test requires the suspect to balance on one foot while counting for thirty seconds. An officer can make an arrest if the accused cannot complete the test in a specific amount of time.
Horizontal Gaze Nystagmus TestAlso known as HGN testing, this test determines if an individual is under the influence by detecting any involuntary jerking in the eye. This generally occurs by nature when someone looks from side to side. When a person is under the influence, this jerking is more frequent at multiple angles. The officer may place you under arrest if you are not able to follow the object or if the angle is abnormal.
Walk-and-Turn TestThis test requires the suspect to walk heel to toe in a straight line and count out loud. An officer can fail you if you cannot keep your balance or if you take the wrong amount of steps.
Many people do not realize that these tests are not always completely accurate. Other factors aside from being under the influence of alcohol or another substance can explain why a person might fail one of these tests. Examples include past injury, surgery, or vision or medical cognitive impairment issues.
If you are convicted of a DUI crime, you could face substantial fines and time in jail. That is why it is so important to have an experienced Englewood DUI defense lawyer assess your specific situation and advise you through your criminal case.
We at Pallegar Law have an ample amount of experience helping individuals charged with DUI and all other crimes in Florida. Contact a DUI lawyer 941-893-5816 for a free consultation.