My cousin was charged with DUI here in Central Pasco, Florida and she told me that according to the officer, she failed the field sobriety tests, especially the horizontal gaze nystagmus test. What is this test, how is it being conducted and how can this be inclined to problems?

Elle

Central Pasco, FL

The horizontal gaze nystagmus test is a very popular field sobriety test (FST) that is used by the police officers in a DUI investigation. When administering this test, the police officer would estimate the angle of eye jerking when following a standing point (such as a finger or light). If the jerking of the eye motion occurs prior to an angle of 45 degrees, it would be an indication of a blood alcohol level of approximately .05%. Two important factors are the smooth motion of the eye tracking the standing point and the eye jerking when aimed fully to one side.

An experienced DUI lawyer could prove in court that your cousin was not under the influence when she was arrested for DUI in Central Pasco, Florida. That’s because this test is inclined to a lot of problems such as if the officer is not medically, or even properly, trained to recognize a proper nystagmus or to properly estimate the angles. In addition to that, the medical community has yet to fully accept this kind of test as an indicator of intoxication. Another thing is that some states have yet to allow this test to be admissible as evidence in trial although it is one of the standardized FST’s. Regardless of these pitfalls, law enforcement officers still use this test.

We are finding police mistakes so that we can use it as a defense in my DUI case in Florida. What are the things that police officers should do or say during a DUI arrest?

Jayda

Boynton Beach, FL

Police officers are required to follow certain procedures during the course of a DUI investigation. Failure of the police to do so could lead to the dismissal of your DUI case in Boynton Beach, Florida. What we usually refer to as “loophole” or “technicality” with your DUI defense is actually a way of using the constitution to protect your rights. An experienced DUI lawyer has spent years in developing techniques that are designed to dismantle the toughest DUI cases.

There are certain things that police officers do or say that could dramatically impact the outcome of your DUI case. First off is with regard to the DUI stop wherein the police officer should have a probable cause to pull you over. The officer should also observe you for 20 minutes prior to administering the breath test. Another police mistake that can be used as a possible defense in your DUI case is if the officer failed to tell you that your driver’s license would automatically be suspended if you refused a breath test. The officer should have also conducted the field sobriety tests on a surface that was flat, dry and well-lit. All of these and more, if proven by your DUI lawyer, could be very significant in your DUI defense.

I haven’t been actually arrested for DUI but I’m afraid someday that I would just be asked by an officer here in Sunshine Parkway, Florida to stop because he might think that I am drunk driving. How can someone be asked to stop under a DUI suspicion?

Alton

Sunshine Parkway, FL

If a police officer suspects that he has observed a drunk driver while on a routine patrol, he/she would look for the usual manner of behaving while intoxicated like driving too slow or too fast, crossing the center line, weaving, etc. or he might look for a moving traffic violation that would serve as a “probable cause.” This could be the reason why a police officer would follow a suspected intoxicated driver at a safe distance to observe the driver’s pattern to assess if his/her opinion that he/she has spotted someone intoxicated may be correct.

Police officers would develop reasonable suspicion” that a driver is impaired after observing the vehicle from behind. The officer would likely witness a traffic offense, witness a traffic offense pull over the vehicle and investigate their suspicions. If you will be asked to stop under a DUI suspicion in Sunshine Parkway, Florida, the officer should have probable cause to stop your vehicle. After pulling you over, the police officer should conduct an investigation to prove his reasoning for the stop, and that would be his/her proof of probable cause. This proof would be evidence or physical signs indicating intoxication.

I have been arrested for DUI before here in Florida but good thing that the case was dismissed. I’m just curious to know, is a warrant required for the police officer to make a DUI stop?

Zora

Kendall-Perrine, FL

It’s good to know that your DUI case in Kendall-Perrine, Florida was dismissed. In most cases, in order for the police officer to search a person or their automobile lawfully, there must be a warrant supported by probable cause. An example of this would be if the police officer has a strong suspicion that the person they are stopping has committed a crime. In DUI cases, a warrant is actually not required for the police officer to make the initial stop, but the police officer cannot make a stop solely for the purpose of determining whether a person may or may not have been drinking if they have not violated any traffic law. One great example of this is pulling a person over based only on the fact that it is a holiday and people tend to drink on holidays.

It is definitely against the law for a police officer to stop a car in order to determine if the driver can produce a valid license and registration. Along the same lines, the traffic violation must have occurred in the police officer’s presence, which is the requirement for all misdemeanors, except for anonymous report or a tip reporting a drunk driver disregarding traffic laws and pedestrian and driver safety on the road.

We were driving home the other night when a police officer asked us to stop. I was the one behind the wheel and I was asked some questions related to drunk driving. I wasn’t detained because clearly, I was not drunk nor consume any amount of alcohol. But I want to know, are these Florida DUI checkpoints legal?

Spencer

Pembroke Pines, FL

Generally, the Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures. This includes protecting citizens from being stopped without a search warrant and requires, at a minimum, that a police officer have a probable cause or reasonable suspicion to briefly detain a citizen to investigate his suspicion that the individual is involved in some illegal conduct.

But there is an exemption to the Fourth Amendment. It is the sobriety checkpoint that is intended to both deter and apprehend drivers operating their vehicle while under the influence of alcohol and/or drugs. The US Supreme Court stated that certain safeguards should be followed to render such stops constitutionally permissible. DUI checkpoints as a measure of curbing drunk driving in Florida are legitimate so long as the police officers manning the checkpoints use a random method of selection which precludes the “probable cause” law, such as stopping every third car, and the delay and inconvenience to drivers is kept to a minimum.

My cousin was charged with DUI in Tampa, Florida and he is in need of a lawyer who would help him on his case. We were told that the lawyer that we would have to get is the one who specializes in DUI cases. How much do DUI lawyers charge and how do they work?

Ellen

Tampa, FL

A criminal defense lawyer usually charges a lot more in comparison to a public defender or a general practitioner, but it is always worth spending that much. The very simple reason is that they are expert legal professionals who have specialization in handling DUI cases. When you hire them to handle your cousin’s case, you simply maximize his chances of winning the judgment in his favor.

The best Tampa, Florida DUI lawyer is much more qualified than a public defender. They know the in’s and out’s of various sorts of DUI cases. They know all the major and minor details associated with a DUI case and they also know how to deal with such cases. The best DUI lawyer is not a different legal professional, but what gives them a winning edge over the others is the fact that they work differently. They usually start by looking for the loopholes on the case. They try to find the errors that the police officer may have committed. In this regard, they look into everything including the arrest procedures, intimidation that may have taken place and much more. The best DUI lawyer studies the case thoroughly and that is the reason why their defense is much stronger in comparison to the public defender.

A friend of mine was charged with DUI here in Florida. He had a reading for blood alcohol content which is below the legal limit. Why was he still charged with DUI? Can they really do that?

Anne

Coral Springs, FL

In Florida, drunk driving is becoming a very grave situation where authorities involved in enforcing laws are finding it a very big challenge.

A motorist can be charged with DUI if he/she was stopped while driving with blood alcohol content (BAC) of 0.08 percent. In, Florida you will be penalized for the offense if your BAC is above the legal limit. The current penalties would include fines between from $250 and $1000 depending on whether the offense is the first one or a repeated one. The offender can also have a jail term which is a minimum of 6 months to a maximum of 30 years, if vehicular homicide is involved. Vehicles can also be impounded and licenses suspended by the authorities. The court orders a mandatory 50-hour community service for the accused in most of the convictions.

The state of Florida can actually charge you with DUI with a BAC below 0.08 percent. The BAC is determined either by blood or breath test. If you are impaired of have a BAC of above 0.08 percent, you will be charged with DUI. In your friend’s case, he is considered as an impaired driver with a BAC below 0.08 percent. That’s why he was still charged and can be convicted. Impairment is based on the police officer’s of behavior of the driver in general, the Field Sobriety Tests, any video, etc. In other words, any driving after drinking or taking drugs puts anyone at risk for the DUI.

• Your speech changes, such as when you slur it or when you switch your words around and end up speaking nonsense.
• Your driving is wild, such as when you go in one lane and out the other, drive with your lights off, go over or under the speed limit, or just act weird in general.
• You appear as if you are drunk or have been drinking, such as if your clothes smell like alcohol, your eyes are red, and you are otherwise messed up looking.
• When the police officer asks you to perform a simple task, such as walk in a straight line or sing your alphabet, you don’t do it right.
• When asked how much you have had to drink, you answer with a number that doesn’t make you sound good.
• You are given a test for BAC, such as a blood test, and your level comes out over the legal limit.