Fort Myers, FL – A number of drivers in Florida are charged with DUI and related crimes each year. These are serious criminal charges, as penalties can include loss of a driver’s license for months or years, fines, probation, community service, and even jail time. However, these are also complex cases where the state needs to collect several different types of evidence without making any serious mistakes. A defense attorney can assist their clients by ensuring that the state can prove all of the elements of the crime and providing guidance throughout the process.
What does DUI mean?
DUI is short for driving under the influence. This charge can apply to individuals who were using either drugs, alcohol, or both before and during the time that they were driving. In order to get a conviction, the state needs to show two things. The driver was operating or in actual physical control of the vehicle, and that their normal faculties were impaired by alcohol or controlled substances at this time. The state attempts to prove their case through a combination of driving patterns and traffic violations, physical exercises at the scene, the officer’s observations, and a chemical test of breath, blood, or urine.
Testing drivers for drugs and alcohol
There are a few ways that drivers may be tested. The most common is a breath test for their blood alcohol concentration. If the suspect is hospitalized or incapacitated, they may draw their blood for the same test. Tests of urine are commonly used for a DRE examination when the suspect is possibly under the influence of some kind of drugs. Regardless of the type of test taken, the legal limit is a .08 blood alcohol concentration, and drug tests will normally show that the presence of the substance in a person’s body at the time, rather than specific amounts.
What goes a defense attorney do to assist their client?
Based on these forms of evidence, there are a number of ways that the state’s case can have important gaps of information or inconsistencies. For example, traffic stops need to be for a valid reason described in the state’s statutes. If the initial traffic stop was invalid, all of the evidence that was collected later can be excluded by the defense attorney if they file a motion to suppress illegally collected information and evidence. The machinery that is used to take breath tests is sometimes fault as well. These machines need to be calibrated and maintained at regular intervals to provide accurate results.
Getting help from a licensed attorney in Florida
People who have been charged with a DUI in the Fort Myers area have the option of contacting an attorney to help them evaluate the state’s charges. Michael M. Raheb is available to help local clients.
Firm contact info:
2423 First Street, Fort Myers, FL 33901