Intoxicated Motorcyclist Blows .16, Nearly Runs Cop Off the Road and Fails All Sobriety Tests

No DUI Conviction, No Conviction on Lesser Charge, and No Driver’s License Suspension!

The Charges

Client was traveling through St. Johns County when he was stopped by a sheriff’s deputy for an improper lane change after he cut off a police car and nearly ran it off the road on his motorcycle. The man smelled of alcohol and had glassy, bloodshot eyes. He swayed on his feet as he spoke with the Sheriff’s Deputies. Upon request, the man consented to field sobriety testing, which he failed. A breath test registered a blood-alcohol level of .16%, which is twice the legal limit. The man was arrested and charged with Driving Under the Influence (DUI).

Blood Alcohol Level

In Florida, a blood alcohol level (BAC) of over .08% is considered driving impaired. As each person is different, there is not a magic number of drinks that you can drink before becoming impaired. For some individuals, they can drink three beverages and be impaired. Others could only drink one and be impaired. 

Factors that depend upon how much you drink are your weight, age, how fast or slow you drink your beverages, gender, body type, medications taken, mental state, carbonation of drinks, and more. 

One drink is equal to the following:

  • 1 ½ ounces of 80 proof liquor (40% alcohol)
  • 12 ounces of beer (4.5% alcohol)
  • 5 ounces of wine (12% alcohol)

These figures are an average, based on individuals that have food in their stomachs. Remember, no two people are alike, so this is just a chart for reference points. 

Florida’s Own Musca Law Firm

If you have been charged with driving under the influence, you will need a lawyer to fight for you. At Musca Law Firm, we believe in your rights and we want to fight for you. Our lawyers will do extensive work on gathering evidence and seeking out as much information as we can in order to develop a strong case for you. The defense will be built in your favor in hopes of exposing weaknesses in the prosecution’s case.  

We have a strong desire to win for you and will do whatever it takes to find a favorable outcome for you. Please call us today 24/7 to schedule your free initial case consultation.  

RESULT: During negotiations with the prosecutor’s office, his Musca Law Defense Attorney convinced the State to amend the charge, where the conviction was withheld. Client also avoided a driver’s license suspension and jail time.

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