How Is A DUI Charge Defined In Florida?

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Florida defines DUI as being in actual physical control of a motor vehicle, which does not necessarily mean that you are driving. Obviously, driving is considered actual physical control, but it can also entail simply having the ability to drive. For example, sitting behind the wheel with the car running, or sitting behind the wheel with the car off and having the keys in your hand can be considered actual physical control of a motor vehicle. There is even case law to back up the fact that you could be in actual physical control by standing outside of a car with the keys in the door, or even in your hand. The second aspect of a DUI charge is that you have to be intoxicated to the point that your normal faculties are impaired, which can be defined in a few different ways.

If you take a breath or blood test and it is above a concentration of 0.08, then the judge will give an instruction that says they can presume you were intoxicated to the point that your normal faculties were impaired. If they do not have a chemical test of your breath or your blood, then the jury is left to make inferences and decisions based upon the officer’s physical observations. This can be much more difficult for the prosecution’s case.

What Are The Top Misconceptions That People Have About DUI Charges?

One of the biggest misconceptions about DUI charges is that there is a preset or determined outcome. The truth is that outcomes can vary widely depending upon the facts of your case, who your attorney is, and which judge or jury you get. The other big misconception is the belief that if an individual has taken a medication for which they have a prescription, then driving while under the influence of that medication is not a problem. Unfortunately, driving while intoxicated or impaired through your prescription is still illegal. Alcohol is a legal substance that you are allowed to consume, but you are not allowed to drive while impaired. The same rule applies to your prescriptions.

What Are The Common Mistakes People Make After They’ve Been Arrested For A DUI?

One common mistake that people make after having been arrested for a DUI is trying to explain the situation to the officer. The more that you talk, the more information you are giving to the officer as to where you’ve been and what you’ve consumed. That’s not something that you want to do. You want to comply and answer their questions, but only to a certain extent of being compliant.

The officers are going to ask you to submit to a chemical test of your blood or your breath. It does not take an incredible amount of alcohol to be above that legal limit. If there are questions in your head as to whether or not you should take that test, and if you are concerned about being above that legal limit, there is a chance that taking the test may not be the prudent thing to do.

How Do You Advise Clients That Want To Plead Guilty To DUI Charges?

The biggest pressure that I see from individuals coming into my office is that question mark looming over their heads as to whether or not they should plead guilty to the DUI charge. Sometimes just the weight of the unknown is worse than what the actual penalties can be. Naturally, people just want to go in there and get it over with. But by pleading guilty or no contest to a charge without any negotiations and without speaking to the state, you are setting yourself up to receive the worst penalty. They are not going to be kind to you just because you went in and owned up to what you did. You are going to get whatever they want to give you, and you’ll have no say in the matter. It’s usually a huge mistake, especially since there is usually some type of defense that can be used to get you a better deal. In fact, there may even be something out there that can get you out of a charge altogether. You at least need to talk to us and review your options. I don’t charge you to come in and see me.

What Can Someone Expect When They Are Pulled Over On Suspicion Of A DUI In Florida?

In Florida, an officer must have cause in order to pull you over on suspicion of DUI. That cause may be a traffic infraction, or a concern that the officer has that you may be ill or impaired. Once an officer pulls you over, they are going to speak with you. If they develop probable cause to feel that you may be impaired, then they can ask you to step out of the vehicle. When you step out of the vehicle, they are going to offer you standardized field sobriety tests. These are abnormal tests to test for normal faculties, and different officers will have you do different tests.

They don’t take that long, but they are designed for failure. If you get to the point where they are starting to do the field sobriety exercises, there is a good chance that the officer has already made up their mind as to whether or not you are intoxicated. Once those tests are over, if they feel as if they have cause to arrest you, they are going to place you in handcuffs. There is a possibility that they will read you your implied consent, which basically informs you of your rights and the necessity for you to take a breath test or a blood test. Some of the officers will ask you this at the jail. They have mobile testing devices now, so some of the officers may have it right there at the scene. Most of the time, you are going to get transported to the jail and booked in through the booking facility. Then you will sit through the 20 minute observation period that is required for the breath test, followed by the breath test itself. You’ll be processed into the jail and given one phone call. They are going to hold you for a minimum of eight hours before you can bond out.

For more information on DUI Charges In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.