Driving under the influence of alcohol or drugs (DUI) is a crime in Florida. This crime has received more media coverage lately and is still a highly debated topic in our society. Responding to pressure from special interest groups, Florida law makers have passed DUI legislation which can include mandatory jail time for repeat offenders. A third DUI conviction could be a felony offense. A fourth DUI is a felony offense.
There are two ways that a driver could be convicted of DUI. One way is to prove that the driver had .08 grams or more of blood alcohol concentration at the time of the offense when he was driving or was otherwise in physical control of a vehicle. This is often termed DUBAL or driving with an unlawful blood alcohol level. Another way the for the State to prove DUI is to show that a driver is under the influence of an alcoholic beverage to the extent that his normal faculties are impaired by alcohol. Usually the State attempts to do this through the field sobriety tests, admissions by the driver, and the opinion of the arresting officer. An experienced DUI trial lawyer can often rebut this evidence as well as attack the accuracy and efficiency of the Intoxilyzer 8000, the machine normally used to determine a driver’s blood alcohol level through breath sampling.
The criminal penalties that may be levied are severe, but it does not end there. You could also be affected by a DUI conviction in other ways. They include having difficulty retaining an automobile, paying high insurance rates, and the inability to obtain or event maintain certain jobs.
Even though the State has multiple ways to obtain a conviction, an experienced and effective DUI lawyer has his own arsenal for defending the accused. If there is a drunk driving charge against you, it is possible that the state’s evidence can be kept out of your trial, or its credibility disputed before the judge or jury. An arresting officer’s own incident reports can often be used to cast doubt upon his story. It is a lawyer’s job to ensure that your side of the story is told in court in the most persuasive manner.
If you are being charged with a DUI, you need a lawyer. Your liberty, reputation, and privilege to drive is on the line. Donald M. Sheehan’s law practice is dedicated to DUI defense and related offenses. He is trained and is known for his successful defense of drivers that have been arrested and charged with DUI.
Contact us or call for a free office visit today. We also can provide a convenient payment plan. Call us at (850) 432-3034.