Pursuant to Florida law, a DUI is defined as someone who drives a motor vehicle to the extent that his or her normal faculties are impaired OR has a blood or breath alcohol above 0.08% or higher. An individual can also be charged with DUI if they are impaired by illegal drugs or controlled substances.
A DUI can have life altering consequences. Some of penalties with a first time DUI conviction include driving related classes, community service, counseling, probation, court fines and costs, loss of drivers license. Although the possibility of serving jail time exists, it is extremely unlikely you will go to jail for a first time DUI conviction.
At Pallegar Law we have decades of experience dealing with DUI charges in Sarasota and throughout Florida. Unlike other law firms, not only do we have experience defending DUI cases but we also have experience prosecuting DUI cases both in motion practice and at trial.
Also, unlike other law firms in Sarasota we are open 24 hours a day, 7 days a week and will return your call on weekend and afterhours since we believe the passage of time matters when formulating a DUI defense strategy and preserving your driving privileges after a DUI arrest. The knowledge we have dealing with criminal cases gives us a clear step ahead as DUI lawyers in Sarasota.
How Can a Traffic Stop Occur Before a DUI Investigation?The police can stop a vehicle if a violation of traffic laws is committed or the person driving has an arrest warrant. They cannot stop a vehicle simply because they don’t like physical appearance of the car or the way the occupants look. A common pretext used by law enforcement to investigate the driver of a vehicle is to initiate a traffic stop when no moving violation has been committed. Law enforcement can stop a vehicle for a missing taillight, the vehicles window tint being too dark, or an expired tag. These violations are easy to rectify and can prevent a law enforcement encounter and potential DUI investigation in Sarasota.
What Happens After a Traffic Stop when DUI is Suspected?After the law enforcement officer makes the initial encounter with the driver they are on the look out for any signs of impairment. If they smell an odor of alcohol, hear any slurred speech, or notice that your eyes are blood shot and watery they will ask you to step out of the vehicle. In the event you are requested to step out of the car expect that a comprehensive DUI investigation is about to take place. The objective of the police is to determine whether or not you are DUI on drugs or alcohol. If you refuse to leave the vehicle, you will be arrested and charged with a DUI refusal. You may also be charged with resisting arrest if you put up a fight.
Law enforcement will ask for your drivers license, registration documents, and proof of insurance. If you cannot produce these documents the law enforcement officer will notate in police report he writes as additionally indications that you are under the influence and unfit to drive. It is important to have the requested documents handy and produce them quickly after being requested to do so.
A request to perform the field sobriety exercises will be asked next. Common types of field sobriety.
Can I Speak to a Sarasota DUI Attorney After a Traffic Stop?After a traffic stop you do not have the right to speak to an attorney. However, once you make the request for an attorney, the police officer will no longer question you.
What Happens After a Sarasota DUI Traffic Stop?In most cases DUI investigations last one to two hours. After the DUI investigation you WILL be arrested and taken to Sarasota County Jail. Unfortunately, you cannot talk your self out of the arrest. You will be read your rights at this point you should not make any statements or answer any questions posed by the arrested officer. The less evidence you provide during a DUI investigation the better we can defend your case. After you are arrested, you have the right to speak to a DUI attorney who can work on getting the charges dropped.
What Do Law Enforcement Look for in a DUI Traffic Stop in Sarasota?Law enforcement is trying to obtain as much evidence as possible to build the strongest case against you also known as the multiple signs of impairment. The prosecutors often refer to this as the totality of the circumstances surrounding a DUI arrest. The more evidence the police obtain the easier it is to prove DUI.
Some of the signs of impairment include bad driving, speeding, driving slowly, driving recklessly, being involved in an accident, the odor of alcohol on your breath, slurred speech, blood shot watery and glassy eyes, inability to stand or walk in a straight line.
Contact a Sarasota DUI LawyerIf you have been arrested for a DUI, then our Florida DUI attorneys can help.
We frequently get DUIs dropped or reduced to lesser charges. Like most counties in Florida, Sarasota now offers a DUI diversion program called the DETER program for first time DUI offenders.
After completion of DETER your case will be reduced to a reckless driving.
Consultations on DUI Cases in SarasotaAjay Pallegar is a top rated DUI defense attorney in Sarasota and Manatee County. He has defended countless DUI cases. Call us today at 941-893-5816 to discuss your case.