What is a DUI?

From the Florida Supreme Court’s standard Jury instructions:

To prove the crime of Driving under the Influence, the State must prove the following beyond a reasonable doubt:

Defendant drove or was in actual physical control of a vehicle and while driving or in actual physical control of the vehicle, defendant

• Was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired. , OR
• had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.

What if I performed Field Sobriety Exercises?

You are under no obligation to perform any of the tasks that the officer asks you to do. If the officer asks you to perform exercises, you have the right to politely decline. If he forces you to do the exercise, he may have violated your rights.

If you choose to participate, realize that you will likely be videotaped. While it is illegal to drink and drive when your normal faculties are impaired, you probably realized that the exercises you performed did not test your normal faculties. You realized the officer did not ask you to walk normally in front of the camera, or stand normally on two legs in front of the camera. Rather he asked you to walk and stand abnormally.

At Denmon & Denmon, we understand the inherent problems with the field sobriety exercises. We can evaluate not only your performance on the field sobriety exercise, but also the officer’s performance in adherance to the law.

Should I submit to a breath test?

Unfortunately, there is no yes or no answer to this question. Any lawyer that tells you there is an absolute yes or no answer to this question is doing you a disservice. The answer to this question depends on the situation. However, here are important factors to consider:

Some people may have a concentration of alcohol in their blood lower than .08, yet be obviously impaired. Other people may have a concentration of blood alcohol that is higher than .08, yet have no noticeable signs of impairment. The breathalyzer machine does not provide information on impairment, just a number.

Furthermore, blowing into the machine requires faith that that the box in front of you will take the air from your mouth and determine the amount of alcohol in your blood. For that matter, the breath analyzed is often taken hours after the person was driving.

Some well-intentioned people have recognized the problems with the machine, and have chosen not to test, but the government may prefer to argue a refusal case. The Supreme Court has decided it is perfectly acceptable for the government to stand up in front of the jury and argue that you have a guilty mind, and are guilty of DUI precisely because you chose not to blow into the machine.

The lawyers at Denmon & Denmon understand that sometimes people blow into the machine, and sometimes they refuse. More importantly, the lawyers at Denmon & Denmon can prepare your defense regardless of your decision of whether to take the test.

Why didn’t they ask me for a blood sample?

It would just be too expensive for the government to take your blood every time they arrest you for DUI. At less than $ 1,000 a machine, the breath machine is a cheap solution to collect evidence against you. Of course, it doesn’t take a toxicologist to tell you that a blood test is a far superior way to test your blood alcohol level than a breath test. However, finances are the main reason that the legislature has approved the breath test machine as the required mechanism to collect evidence in DUI cases.

You have a legal right to have the arresting officer take you to the hospital to have your blood tested. Unfortunately, it will be at your expense and lawmakers have made it legally permissible for the arresting officer to not tell you about this important legal right.

Our attorneys understand the unfairness in a system that sacrifices your right to have the best evidence collected in order to save money. We can make sure that a jury understands the unfairness as well.

Will my license be suspended?

If you have been arrested for DUI and you either refused to take the breath test, or did take the test and the test said your BAL was .08 or greater, then the arresting officer took your license. In return, he gave you a Uniform Traffic Citation.

That citation acts as a temporary license for the next ten days. If you take no action, on day 11, your license will be suspended. If your BAL was over .08, it will be suspended for 6 months. In the case of a first refusal, your license will be suspended for a year. With a second or subsequent suspension, it will be suspended for 18 months.

What can be done?

You have a right to request a formal review in front of DMV hearing officers. But you must request the hearing within 10 days; otherwise, you waive that right. The formal review is your first chance to fight the unlawfulness of the arrest. If you win, you can get your full license back from DMV. While waitng for your hearing, DMV will issue you a temporary driving permit that will continue to be valid after your ten day traffic citation has expired. This newly issued temporary permit will be available until the DMV has made a determination as to the lawfulness of the arrest.

What we do: The lawyers at Denmon & Denmon will file, prepare, and argue the formal review hearing. We will obtain the temporary driving permit from DMV and promptly forward it to you. We will obtain the documents and reports that the arresting officer intends to use to support his arrest. We will analyze the information to determine a plan of attack at the formal review hearing. Based on the reports, we may or may not subpoena the arresting officer.

To read more about why you need to act within the first ten days of your DUI arrest, click HERE.

Other methods to get you back into the driver’s seat

You also have the right to request a hearing to get a hardship license. This is a limited license to drive, usually restricted to driving to work, the store, to pick up children, etc. In the case of a blood alcohol level over .08, you can get a hardship license after 30 days. In the case of a first refusal to submit to a breath test, you can request a hardship license after 90 days. For a second refusal, you will not be eligible for a hardship license. In that case a formal review will be the preferred plan of attack.

Is it possible to get my DUI charge reduced to a lesser charge or dropped?

Yes. The penalties for a DUI conviction in Florida are severe. The attorneys at Denmon & Denmon have negotiated a reduction of the DUI charge on many occasions. Other times, it may be necessary to take the case to trial, and let a jury of your peers make the decision. While we would never promise you a particular resolution, we will consider your goals and desires when fighting your case. The answer to the question, “Can I get my DUI reduced to a reckless driving?” might be yes.