Driving under intoxication from alcohol or drugs is a serious traffic violation in Florida and comes under misdemeanor or traffic crime or even felony in some cases. Violators of DWI (driving while intoxicated) laws can be arrested and penalized under the Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances Law. s. 316.193, F.S. A person is said to be under the influence of alcohol if he/she has blood or breath alcohol content of more than 0.08 (grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath). As per the Florida law, every person operating a motor vehicle gives an “implied consent” to take a chemical breath test when suspected of drunk driving by an official. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year.
There are certain legal formalities to be undertaken when involved in DUI cases. It is better to take the help of an attorney who has specialized in such cases. An attorney would be able to provide guidance about the rights of a person in the event of being arrested under DUI offence. The role of a DUI attorney would be to review the facts of the case, handle court procedures, and determine the client’s standing in the case. He can also negotiate on the behalf of the client for case settlements. DUI attorneys can also help in the review of the driver’s license suspension a few days after the arrest. They may also help with alcohol rehab programs and even ask the court for leniency showing that the person is changing for the better.
Florida DUI attorneys are generally well versed in all the technicalities like breath tests, blood analysis, urine tests and drug recognition evaluations. They can provide defense based on these test results if they are favorable for the client. They can also defend by analyzing the environment and road conditions at the time and location of the arrests and any other factors that may have affected the sobriety tests at that time. Defense can also be built by analyzing the DUI deposition testimonies of the cops as well as state expert witnesses. Attorneys can effectively review the case for any loopholes, conduct independent analysis of the blood samples, check the calibration and maintenance records of the breath-analyzing machine, suppress evidence and obtain good witnesses to provide the best defense.
Florida DUI attorneys are governed by rules and regulations under the State Bar. Most attorneys provide free information about their qualification and experience so it better to check up clearly before signing up an attorney. There are several DUI attorneys in Florida. Information about these lawyers can be obtained through the Internet. There are also specialized websites of law firms that specialize in DUI cases, which would also provide information about Florida DUI attorneys. Finding a good lawyer is very important. Friends and family members are another reliable source for finding a good DUI attorney in Florida.