The consequences of drunk driving are serious, and those who are convicted will face a number of mandatory minimum penalties. This can include a driver’s license suspension, fines, probation, community service, and possible jail time. Fort Walton Beach DUI attorneys can provide a great deal of help by making sure that the state can actually prove all of the elements of this serious crime, otherwise the charges can be dismissed or reduced.
A 31 year old man from Fort Walton Beach attempted to flee from the police at a high rate of speed and was charged with driving under the influence after he was detained.
Drag racer attempts to flee and is apprehended while intoxicated
The incident began when an officer from the Okaloosa County Sheriff’s Office spotted cars that appeared to be drag racing at about 11pm on U.S. Highway 98 in Okaloosa Island. When the suspect saw the officer approaching, he fled across the town border into Destin in his BMW. After continuing onto Benning Drive and Mountain Drive, the suspect eventually collided with a fire hydrant and the officers in pursuit caught up with him.
As the police approached the vehicle, they smelled alcohol and began a DUI investigation. He was eventually charged with several crimes related to racing on public roads, hit and run, driving under the influence, feeling from the police, and driving with a suspended license while a habitual traffic offender.
How does the state convict someone of a DUI charge?
There is one main thing that someone who is accused of this crime must remember. The only way the state can prove a case of driving under the influence is by proving every element of the crime through some kind of evidence. For DUI charges in Florida, this means that they must have witnesses or physical evidence to show that a person was:
- Driving or in actual physical control of a motor vehicle
- After consuming alcohol or a controlled substance
- In an amount that was beyond the legal limit for impairment
If even one of these elements cannot be proven beyond all reasonable doubt, it means that the jury is instructed to find the defendant not guilty at the conclusion of a criminal trial.
What is the likelihood that the state cannot prove all of these elements?
There are some situations where no one may have actually witnessed the defendant driving, a chemical sample of breath, blood, or urine was improperly collected, or other mistakes may cause DUI charges to get dropped, dismissed, or prosecutors will allow a plea deal to a lesser crime. While this is a factual inquiry based on each individual case, your attorney should be able to look at the documentation provided by the state attorney’s office and give you some answers about how your case will proceed.
Talk to local DUI lawyers in Florida
To learn more about defending against DUI charges in the Fort Walton Beach area, contact ASG Legal. The lawyers at ASG will provide superior legal representation when dealing with criminal charges.