Driver Passed out in Traffic Blew Twice Legal Limit; License Suspended with Dui

Suspension Lifted!

The Charges

Police were called to handle a suspicious vehicle obstructing the flow of traffic. The Officer found the Driver asleep and slumped over the steering wheel. The Officer opened the door to find the Driver had the vehicle in gear with his foot on the brake. After the alcohol-scented Driver awoke, he agreed to participate in Field Sobriety Testing and a Breathalyzer Test. The Driver failed field testing and then blew .188% and .187%, which are both over twice the legal limit. The Police arrested and charged the Defendant with DUI (Driving Under the Influence). The Department of Motor Vehicles suspended the Defendant’s license pursuant to the charges of DUI.

Motion to Invalidate Evidence

A motion to invalidate evidence is often called a motion to quash evidence or a motion to suppress evidence. A motion to invalidate evidence is often used to quash evidence, a service, or a subpoena.  

A motion to invalidate evidence can be used in the following circumstances:

  • The chain of custody was broken;
  • The evidence is confidential or highly prejudicial; or
  • The evidence was tampered with.

DUI Blood Alcohol Content

In Florida, as well as the rest of the United States, if your blood alcohol content (BAC) is at or over .08%, you are considered legally impaired to drive.  

Many do not realize that even if you are under the legal limit, you can still be charged with a DUI. This will happen if you are under the age of 21, as you are not legally permitted to drink alcohol yet. If you have children in your car, you will also be charged with a DUI. 

There is no magic number of drinks a person must have to reach the level of .08%.  This is because there are several variables that factor into a person’s blood alcohol content. These factors include the following:

  • Body composition
  • Age
  • Weight
  • Strength of drink/what kind of alcohol
  • Hydration
  • Metabolism
  • Physical impairments
  • Emotional state
  • Overall health
  • Foods you have consumed
  • Alcohol tolerance
  • Medications one is taking
  • Carbonation of drinks
  • fat/muscle content
  • Gender
  • Rate of consumption

Musca Law Firm 

Musca Law Firm is a law firm that wants to be on your side. We believe in helping people with crimes that they are facing, in order to protect and fight for their rights. Our firm will make sure you have been treated fairly throughout the entire legal process you face. We take our time to review your case and then will develop a strong and strategic legal defense for you based on your specific circumstances.  

Our legal team consists of top-notch lawyers that have no issue with entering into tough negotiations with the prosecution. Please consider calling us today at (888) 484-5057 for a free initial consultation with one of our experienced attorneys. We answer our phones 24 hours a day because we realize that life happens outside of work hours.  

RESULT: The Musca Law Defense Attorney requested a Formal Administrative Review Hearing with the DMV to challenge the suspension of the Client’s license. The Defense filed a Motion to Invalidate Evidence and subpoenaed the arresting Officer and the breathalyzer technician. The Hearing Officer ruled that there was insufficient evidence to support that the Client had an unlawful blood-alcohol level of .08% or higher. The Attorney persuaded the DMV to LIFT the suspension of the Client’s license!