Local Realtor Arrested for 3rd DUI Offense Blood Draw Produces .193 Result


The Charges

Our client was involved in a serious head-on collision that required one passenger in the other vehicle to be airlifted to the hospital and the other passenger to be transported by ambulance. There was an estimated $15,000 in vehicle damages alone. While being treated in the ambulance, the EMT alerted an officer that our client had the odor of alcohol on her breath. After admitting to the officer that she had been drinking, he asked for a blood draw to test how much she had been drinking. Our client initially refused, but after being informed that a refusal would result in a one-year suspension of her driving privileges, she consented to the blood draw. After obtaining a legal sample, a test revealed a single result of .193%, which is over twice the legal limit.

Motion to Suppress

A motion to suppress will ask the courts to exclude information from being used as it was obtained illegally. Courts will throw out any evidence that was obtained by police officers’ misconduct. The courts have the hope that if evidence were obtained via misconduct, the next time law enforcement would conduct themselves more appropriately.  

DUI Attorneys

If you have been convicted of a DUI, you need an attorney that will fight for you. Here are some questions that you should ask before hiring them.

  • How many DUI cases have you represented? How many have you won?
  • How long do you expect this case to take?
  • What do you believe the expected outcome will be?
  • Will any other lawyers work on the case with you? If so, who will it be?
  • How soon will you respond back to me after I leave a message?
  • Are you a member of any associations? Are you a  member of the Florida BAR?
  • Where did you attend law school?
  • Can I see your portfolio?
  • Do you have any testimonials?
  • By asking such questions, you ensure that you obtain a lawyer that will work for you. If an attorney is annoyed that you have so many questions, it might signal that they are not the right fit for you. 

    Musca Law Firm

    At Musca Law Firm we will work hard to bring you the results you want for your case.  We are not afraid of negotiations and always develop a strong case for our clients. Our firm has over 150 years of collective experience.  We want to obtain the best results for your case and will fight hard to do so. Please call us today! 

    RESULT: After already successfully restoring the client’s driving privileges, we filed a Motion to Suppress. The motion challenged the validity of police producing only one blood test result when two were required by Florida’s administrative code. The motion also attacked the officer’s lack of probable cause to believe our client was driving under the influence (DUI). Our diligent efforts forced the prosecutor to drop all charges. DUI TOTALLY DISMISSED!