Officers witnessed a driver weaving within his lane and crossing over the dividing lane line on multiple occasions. The driver failed field sobriety testing and submitted to a breath test. The driver blew a .104% breathalyzer result. Officers arrested the driver on charges of DUI (Driving Under the Influence).
Driving Under the Influence in Florida
Driving under the influence in Florida is also referred to as a DUI. In order to be charged with a DUI, the blood alcohol content level needs to be at .08% or higher. If the blood alcohol level reaches .15% or greater, penalties will be enhanced. Anyone that faces a first-time DUI charge will face jail time and/or probation with a fine. Their car will be impounded for 10 days, and community service (50 hours) will be required. They will also lose their driver’s license.
Reasons Why an Officer May Believe a Driver is Intoxicated
In order for a police officer to pull someone over for being drunk, they must first have a valid reason to do so. Police officers are not permitted to pull over anyone without a valid reason.
If a police officer has pulled you over for a burned-out headlight and smells alcohol coming from your breath, he/she would then have a valid reason to believe you were driving under the influence. However, if a police officer sees you driving by and thinks that you look like you are a drinker, they do not have a valid reason to pull you over.
Valid reasons why a police officer may believe you to be intoxicated include:
- While driving, the motorist was swerving.
- Once pulled over, the driver had slurred speech and could not understand what the police officer was saying.
- The motorist failed the field sobriety tests.
- A motorist is driving several miles under the speed limit.
- The driver has bloodshot eyes with a strong smell of alcohol coming from the car.
Hiring Musca Law Firm
If you have been charged with a DUI, please do not wait to get legal help! Musca Law Firm can assist you in getting the legal help you need to fight your case effectively and strategically. Our firm has over 150 years of combined legal services among our team of highly qualified attorneys. We believe in our clients and truly want what is best for them. Our lawyers are not afraid to negotiate in the courtroom with the prosecution in order to get you the outcome that you deserve. We will do our best to find a solution that has a favorable outcome for you.
We serve the entire state of Florida with offices located in various cities across the state for your convenience. Our phone lines are open 24 hours a day for anyone that needs our assistance. Don’t hesitate to contact us today at (888) 484-5057 to schedule a free, no-obligation case consultation with one of our experienced attorneys.
RESULT: The Musca Law Defense Attorney negotiated the case with the State. The Defense moved forward with a trial on behalf of the client. The Defense persuaded the State to reduce the charges based upon the impending trial and the future of the client as a member of the armed services. Result: NO DUI CONVICTION!