An Officer on patrol noticed a suspicious vehicle parked behind a neighborhood bar. Upon further inspection, the Officer observed that the Driver of the vehicle was passed out and slumped over the steering wheel. The Officer banged on the car’s side window for several minutes before the Driver woke up. The Officer asked the Driver to get out of the car and he responds by screaming, “I do not know how!” After receiving instructions from the Police on how to exit his car, the Driver could barely stand up and reeked of alcohol. The Driver admitted to the Police that he has been drinking and he subsequently refused to participate in sobriety testing. The Defendant was arrested and charged with DUI (Driving Under the Influence).
DUI and the Prosecution
If you have been charged with a DUI charge, the state prosecutor will need to prove the following in court in order for you to be charged with the DUI:
- The defendant was actually driving the car or was in actual physical control of the vehicle; AND
- The defendant either did one of the following while being in actual physical control of the vehicle:
- Was under the influence of a controlled substance, alcohol, or a chemical substance. The defendant’s normal faculties were impaired. And/or
- The defendant had a blood alcohol content (BAC) of .08% or higher.
A prosecutor will most often show that one was impaired when they show the footage they have of the defendant doing the Field Sobriety tests. This can also be shown with the breath, blood, or urine test.
Most DUI charges are the result of having too much alcohol to drink. If the DUI charge was from drugs, a blood or urine test would be needed.
Field Sobriety Testing
Many attorneys will state that it is easier for them to defend a person with a DUI charge if they have refused to perform the Field Sobriety Test (FSTs) or to take a Breathalyzer test. While Florida does have an implied consent law, if you do refuse, they cannot make you take either test.
If you do refuse, your lawyer will most likely have an easier time representing you as there will not be any video of the field sobriety testing done.
Musca Law Firm
All of our attorneys at Musca Law Firm are dedicated to their clients. We work hard to ensure that all of your legal rights are protected. Our lawyers will put up a strong defense in order to find the results you are looking for in your case.
Please call us today at (888) 484-5057 for a free case consultation with one of our experienced attorneys. We serve the entire state of Florida with offices in several cities for your convenience. We have dealt with many DUI cases and have enough experience under our belts to defend you thoroughly and effectively.
RESULT: The Musca Law Defense Attorney successfully argued the Defendant’s motives while passed out in the car. The State was persuaded by the Defense Attorney to lessen the charges against the Client, resulting in NO DUI CONVICTION!