All motorists in the Dr. Phillips area should know that it is illegal to operate a vehicle while under the influence of alcohol. However, there can be some gray area here. Prosecutors pursuing DUI cases must show that a driver was intoxicated to the point that they could not safely control their vehicle. Fighting back against this accusation is the core of any DUI case.
A Dr. Phillips DUI lawyer may be able to help protect your freedom and driving privileges after an arrest for DUI. Our seasoned defense attorneys could fully explain the state’s DUI laws and what a prosecutor must prove in court, and perform an investigation into the traffic stop and the actions of the arresting officer. Using this information, they are ready to build a potent defense to present in court.
Prosecutions for DUI in Dr. Phillips will move forward under Florida Statute § 316.193. This statute says that it is against the law for any person to operate a motor vehicle on public roads while under the influence of drugs or alcohol.
There are two ways that a prosecutor may prove a violation. The first is to show that a driver had a blood/alcohol content of .08 percent or more. Police officers can demand that a driver submit to a blood, breath, or urine test to measure the level of alcohol in their body. The second way allows officers to make an arrest based on no more than their observations. A police officer asking a driver to submit to a field sobriety test is a common way of gathering this evidence.
Even for a first conviction, state law says that a court must impose a fine of between $500 and $1,000. The court must also suspend a driver’s license for at least 180 days. Convictions can also bring jail sentences of up to six months. Subsequent convictions or cases involving aggravated factors, like extreme intoxication or endangering others, can bring even harsher penalties. A Dr. Phillips DUI attorney could provide further information about the state’s drunk driving laws.
There are many potential ways to fight back against DUI allegations in court. The most direct way is to argue that a driver was not intoxicated at the time of the traffic stop. While the results of breath, blood, or urine tests may appear to be set in stone, the fact is that a police officer may have made a mistake when administering a test or not properly advised a driver of their rights.
When cases do not rely on blood/alcohol level, it may be possible to argue that a police officer did not have proper reason to suspect DUI when interacting with a driver. Field sobriety tests are notoriously imprecise, and a DUI lawyer could argue that a traffic stop in Dr. Phillips was inappropriate under the circumstances. This defense could undermine the prosecutor’s entire case. Every DUI charge is unique, but an attorney is prepared to develop a defense that best fits a person’s specific situation.
An arrest for DUI is something you need to take seriously. Even if this is your first allegation related to this activity, a conviction will create a criminal record, will force you to lose your license for a period of time, and can even result in a jail sentence.
Fortunately, a Dr. Phillips DUI lawyer may be able to help you. Using the information about your arrest, they could build a defense that creates reasonable doubt in the minds of jurors or that convinces a judge to dismiss the charges. Contact us now to get representation.
The Umansky Law Firm Criminal Defense & Injury Attorneys