DUI Defense
We have represented clients charged with driving under the influence of alcohol and drugs for over 20 years.
4 Ways to Win a DUI
Winning a DUI case is not magic. It's a science.
While each DUI case is different, there are certain issues we investigate in every case.
01.
Motor Vehicle Stop
Did the police officer have a valid basis to come into contact with the driver in the first place? This is the first question we ask. In cases where there is a motor vehicle stop, we challenge whether the officer had a valid basis to believe a violation has been committed. We also vigorously challenge cases in which a driver is sleeping or is not otherwise observed operating the vehicle. If you any reason the initial interaction between driver and officer is determined to be improper or unconstitutional, we make a motion to dismiss the DUI.
02.
Observations
In the hundreds of DUI reports we have read nearly all of them contain certain alleged observations of impairment: odor of alcohol on breath, slurred speech, bloodshot and watery eyes, to name a few. There are often grounds upon which to challenge each of these indicators of impairment. For instance, odor of alcohol can be present even if a driver only had one drink. Bloodshot eyes can be caused by allergies, lack of sleep or several other reasons. Speech patters are inherently unreliable because it is almost always the first time the officer interacted with the driver and is unaware of their normal manner of speech.
03.
Field Sobriety Tests
We are certified in field sobriety testing with the same National Highway Transportation Safety Administration standards used to train police officers. There are a variety of tests that can be administered at the roadside, but the most common are: Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. These tests are in may ways unfair and designed for failure. There are countless reasons a persona can perform poorly that have nothing to do with impairment: issues with back, neck, knees, ankles, feet, footwear, medication, contact lenses, age, arthritis, and so on.
04.
Breath/Blood/Urine
The measuring of alcohol or drugs in a person's body is called toxicology. Florida law requires every driver to submit to a breath sample. A driver may also be required to submit a urine sample. In most situations, officers need a driver's consent or warrant to draw blood. We re trained in use of the breath testing equipment, drug impairment recognition and forensic toxicology. There are many ways to challenge the validity and admissibility of a breath, urine or blood sample. If the Court grants a Motion to Suppress this evidence the State is not permitted to use it at trial.
Field Sobriety Tests
We are certified in the administration of field sobriety tests (FST). This gives us a significant advantage in defending our clients charged with DUI.
Challenging FSTs in a Florida DUI case involves questioning their accuracy, administration, and relevance to your actual impairment. Here are some common defenses and strategies we can use:
1. Question the Administration of the Tests
Improper Administration:
Standardized Procedures: FSTs must be administered according to standardized procedures set by the National Highway Traffic Safety Administration (NHTSA). If the officer deviated from these procedures, the results may be invalid.
Testing Conditions: FSTs should be conducted under suitable conditions. Poor lighting, uneven surfaces, or inclement weather can affect performance and lead to inaccurate results.
Lack of Officer Training:
Officer Certification: Officers must be trained and certified to administer FSTs. If the officer was not properly trained or certified, the results may be questionable.
2. Challenge the Accuracy and Reliability of the Tests
Test Validity:
Scientific Validity: FSTs are designed to measure physical and cognitive impairment related to alcohol consumption. If we can demonstrate that the tests are not reliable indicators of impairment in your case, this can be a strong defense.
Physical Conditions: Certain physical conditions or disabilities can affect FST performance, such as balance issues, neurological disorders, or injuries.
Inherent Difficulties:
Subjectivity: Many FSTs involve subjective judgments by the officer. If we can show that the officer’s observations were biased or not objective, this can undermine the reliability of the results.
3. Present Alternative Explanations
Physical and Medical Conditions:
Medical Issues: Conditions like inner ear problems, diabetes, or other medical issues can affect balance and coordination, which may be mistaken for impairment.
Fatigue or Stress: Physical exhaustion or stress can impact your ability to perform FSTs correctly. Demonstrating that fatigue or stress influenced your performance can weaken the prosecution's case.
Environmental Factors:
Environmental Impact: Factors such as poor road conditions, uneven surfaces, or adverse weather conditions can affect your ability to perform the tests accurately.
4. Dispute the Officer's Observations
Inconsistencies in Testimony:
Officer’s Report: Compare the officer’s report with the video footage (if available) and other evidence. Inconsistencies or discrepancies in the officer’s observations can be used to challenge the credibility of the FST results.
Observation Errors: We often argue that the officer misinterpreted or exaggerated the signs of impairment, especially if they did not document your performance accurately.
5. Address the Impact of Alcohol or Drugs
Substance Effects:
Non-Impairing Substances: If you were under the influence of non-impairing substances or medications that do not affect coordination, this can be used to challenge the validity of the FST results.
No Intoxication: We can also provide evidence that you were not impaired by alcohol or drugs, such as clean breathalyzer results or lack of other impairment signs.
6. Use Expert Testimony
Expert Analysis:
Consult an Expert: A forensic expert or specialist in DUI cases can analyze the FST results and provide testimony on the reliability and administration of the tests. Expert testimony can help highlight flaws in the test administration or interpretation.
7. Legal Procedures and Rights
Right to Refuse:
Right to Refuse Tests: While you cannot refuse a breathalyzer test without facing legal consequences, you can refuse FSTs. If you were coerced or not properly informed about your rights, this can be part of your defense.
Conclusion
To effectively challenge field sobriety tests in a Florida DUI case, we need to scrutinize how the tests were administered, their accuracy and relevance, and any external factors that might have affected your performance. Building a defense around these aspects involves gathering evidence, questioning the officer’s procedures and observations, and potentially consulting with experts. We can help you develop a robust strategy tailored to the specifics of your case.
Breath Test
Challenging the results of an Intoxilyzer test in a Florida DUI case involves scrutinizing the accuracy, administration, and maintenance of the device used. The Intoxilyzer is a common breath testing instrument used to measure blood alcohol concentration (BAC). Here’s how we can challenge the Intoxilyzer results:
1. Review Calibration and Maintenance Records
Calibration Procedures:
Regular Calibration: Intoxilyzer devices must be calibrated regularly to ensure accuracy. We obtain and review the calibration records for the specific Intoxilyzer used in your case. Calibration should be done according to manufacturer specifications and state regulations.
Calibration Certificate: We check if the device was calibrated within the required time frame before your test. Any lapses or discrepancies in calibration can undermine the reliability of the results.
Maintenance Records:
Service History: We review maintenance logs to confirm that the Intoxilyzer was properly serviced and maintained. Inadequate maintenance can lead to inaccuracies in test results.
2. Evaluate the Testing Procedure
Device Operation:
Officer Training: We will verify that the officer administering the test was properly trained and certified to use the Intoxilyzer. Incorrect operation or procedural errors by an untrained officer can affect the accuracy of the test.
Observation Period: We must ensure that the officer followed the required observation period (typically 20 minutes) before administering the test. This period is crucial to prevent interference from residual mouth alcohol, which can affect results.
Testing Protocol:
Test Administration: Confirm that the officer adhered to proper testing protocols, including the sequence of administering the test and ensuring that you did not eat, drink, or smoke shortly before the test.
3. Challenge the Accuracy of the Intoxilyzer
Device Reliability:
Scientific Accuracy: We review scientific literature and expert opinions regarding the accuracy and reliability of the Intoxilyzer model used. Some models may have known issues or limitations.
Device Model: We will check if the specific model of the Intoxilyzer used in your case has been subject to recalls or known reliability issues.
Breath Sample Analysis:
Breath Volume: The Intoxilyzer requires a sufficient volume of breath for an accurate reading. We will ensure that the sample provided was adequate and properly analyzed.
Mouth Alcohol Interference: We assess whether residual mouth alcohol could have affected the test results. Proper observation should mitigate this issue, but if the observation period was not followed, this could be a defense point.
4. Examine the Test Data and Documentation
Test Results:
Data Accuracy: We analyze the recorded test results for any inconsistencies or anomalies. Forensic experts can help interpret the data and identify any potential issues.
Documentation Errors: We must review all documentation related to the test for any errors or discrepancies in recording or reporting the results.
Chain of Custody:
Evidence Handling: Ensure that the chain of custody for the Intoxilyzer device and any related evidence was properly maintained. Any lapses in the chain of custody can affect the credibility of the test results.
5. Address Possible Medical Conditions
Medical Conditions:
Health Issues: Certain medical conditions, such as GERD (gastroesophageal reflux disease) or diabetes, can affect breath test results. In this situation, we will evidence of any relevant medical conditions that might have influenced the Intoxilyzer results.
6. Consult With Experts
Forensic Toxicologists:
Expert Analysis: In some cases we will hire a forensic toxicologist or a DUI expert to review the Intoxilyzer’s operation, calibration, and testing procedures. Expert testimony can help identify flaws and provide a credible challenge to the test results.
7. Legal and Procedural Challenges
Rights and Procedures:
Rights Violations: We are committed to ensuring that your legal rights were not violated during the arrest and testing process. Any procedural errors or violations of your rights can be leveraged in your defense.
Compliance with Regulations:
Regulatory Compliance: We will that all regulations and procedures for operating the Intoxilyzer and conducting breath tests were followed. Non-compliance with regulations can be used to challenge the validity of the test results.
Conclusion
To effectively challenge Intoxilyzer results in a Florida DUI case, we need to meticulously examine calibration and maintenance records, testing procedures, and the accuracy of the test data. Identifying any procedural errors, equipment issues, or medical conditions that could affect the results is crucial. We can help address the complexities of challenging breath test results.
Operation of Motor Vehicle
In Florida, proving "actual physical control" of a vehicle in a DUI case involves demonstrating that the driver had the ability to operate the vehicle, even if it wasn't actually in motion at the time of the stop. The concept of "actual physical control" is broader than merely driving; it encompasses situations where a person is in a position to control the vehicle's movement.
Legal Definition and Interpretation
1. Basic Definition
Florida Statutes: Under Florida law (specifically, § 316.193, F.S.), a person can be charged with DUI if they are found to be in actual physical control of a vehicle while impaired by alcohol or drugs. The statute doesn’t require the vehicle to be in motion; being in control of the vehicle, whether it’s running or stationary, can suffice.
2. Court Interpretation
Case Law: Florida courts have interpreted "actual physical control" to mean that a person must be in a position to operate or direct the movement of the vehicle. This often includes being in the driver’s seat with the engine running or having the keys in the ignition.
Factors for Proving Actual Physical Control
1. Vehicle Location and Condition
Running Engine: If the vehicle’s engine is running, this strongly supports the claim of actual physical control.
Key Position: If the keys are in the ignition or within easy reach of the driver’s seat, it supports the argument that the person was in control.
2. Driver’s Position
Driver’s Seat: Being in the driver’s seat is a significant indicator of control, especially if the seat is adjusted to a driving position.
Control Mechanisms: Presence in the driver’s seat with access to controls (steering wheel, gear shift) is a strong factor.
3. Behavior and Intent
Statements and Actions: Statements made by the driver or their actions at the scene can indicate intent to operate the vehicle. For example, if a driver admits to planning to drive or was found attempting to start the vehicle, it strengthens the control argument.
Behavior Around Vehicle: Actions such as starting the engine or adjusting the controls while in the driver’s seat can also be relevant.
4. Time and Circumstances
Recent Activity: If the vehicle was recently driven or had been running, it supports the notion of recent control. For instance, a vehicle that has just been parked but was running at the time of the stop can indicate control.
Environmental Conditions: Weather, traffic, and location may also play roles. A person found asleep in a vehicle during adverse conditions (e.g., in the middle of the road) might still be considered in control due to the potential danger posed by their situation.
Defense Strategies
1. Proving Lack of Control
Evidence of Non-Operation: Provide evidence that you were not in control of the vehicle, such as being in the passenger seat or having no access to the keys.
Witness Testimony: Collect statements from witnesses who can support your claim that you were not intending to operate the vehicle.
2. Questioning Officer’s Observations
Challenge Credibility: Question the arresting officer’s observations and testimony regarding your control of the vehicle.
3. Demonstrate Lack of Intent
Intent to Drive: Show that there was no intent to drive or operate the vehicle, such as if you were merely waiting for someone or resting.
Conclusion
To challenge the prosecution’s claim of actual physical control in a Florida DUI case, you need to scrutinize the evidence related to your position, actions, and intent with the vehicle. It involves analyzing both the physical aspects of the control and the context of the situation. Consulting with an experienced DUI attorney can provide tailored advice and help you build a robust defense based on the specifics of your case.
DUI Penalties
In Florida, the penalties for a DUI (driving under the influence) conviction can vary widely based on factors such as the driver's BAC (blood alcohol concentration), whether it is a first-time or repeat offense, and if there are any aggravating circumstances (e.g., having a minor in the vehicle, causing property damage, or having a high BAC). Here is an overview of the potential penalties:
1. First-Degree Misdemeanor DUI Penalties
Standard DUI (First Offense)
BAC below 0.15%: The typical penalties for a first-time DUI offense with a BAC below 0.15% include:
Fines: $500 to $1,000
Jail Time: Up to 6 months
Probation: Up to 12 months
Community Service: 50 to 100 hours
Driver’s License Suspension: 180 days to 1 year
DUI School: Mandatory attendance at a DUI education program.
Ignition Interlock Device: May be required if the BAC was 0.15% or higher or if there are other aggravating factors.
Aggravating Factors
High BAC (0.15% or higher): Penalties are more severe, including:
Fines: $1,000 to $2,000
Jail Time**: Up to 9 months
Driver’s License Suspension: Up to 1 year
2. Felony DUI Penalties
Second DUI Offense (within 5 years)
Fines: $1,000 to $2,000
Jail Time: Up to 9 months (if no serious injury or death involved)
Probation: Up to 12 months
Community Service: 50 to 100 hours
Driver’s License Suspension: 5 years
DUI School: Required attendance
Ignition Interlock Device: Required installation if the BAC was 0.15% or higher
Third DUI Offense (within 10 years)
Fines: $2,000 to $5,000
Jail Time: Up to 1 year (with possible mandatory minimum of 30 days)
Probation: Up to 12 months
Community Service: 100 to 500 hours
Driver’s License Suspension: 10 years
DUI School: Required attendance
Ignition Interlock Device: Mandatory installation
Fourth DUI Offense or Subsequent Offenses
Felony Charge: Considered a third-degree felony
Fines: $2,000 to $5,000
Jail Time: Up to 5 years
Probation: Up to 5 years
Community Service: Varies
Driver’s License Suspension: Up to 10 years
DUI School: Required attendance
Ignition Interlock Device: Required installation
3. Additional Penalties
Property Damage or Injury
Criminal Charges: Additional charges for property damage or personal injury can lead to more severe penalties, including felony charges
Restitution: May be required to compensate victims for damages or injuries
Child Endangerment
Enhanced Penalties: If a minor under 18 is in the vehicle, the DUI can be charged as a felony, with enhanced penalties, including longer jail time and higher fines.
License Reinstatement Requirements
Reinstatement Fees: After a suspension period, you may need to pay reinstatement fees and meet other requirements to have your driver’s license reinstated.
4. Other Consequences
Insurance Rates:
Increased Rates: A DUI conviction can lead to significantly higher auto insurance rates
Employment Impact:
Job Consequences: A DUI conviction can impact employment opportunities, particularly for positions that require driving or a clean record
Criminal Record:
Record Impact: A DUI conviction will result in a criminal record, which can affect future opportunities and personal reputation.
Conclusion
Plea Bargains
In Florida DUI cases, a plea bargain (or plea deal) is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty or no contest to a lesser charge or receive reduced penalties in exchange for certain concessions. Plea bargains can be beneficial for both parties: they offer the defendant a chance to avoid the uncertainties of a trial and potentially severe penalties, while the prosecution secures a conviction without the need for a trial.
Types of Plea Bargains in Florida DUI Cases
1. Reduction of Charges:
Less Severe Charges: The defendant might plead guilty or no contest to a lesser offense, such as reckless driving, in exchange for the prosecution dropping the DUI charge. Reckless driving generally carries less severe penalties than a DUI.
Non-DUI Offense: In some cases, the charge might be reduced to a non-DUI offense that does not carry the same legal consequences as a DUI conviction.
2. Reduced Penalties:
Fines and Jail Time: The defendant may receive a reduction in fines, jail time, or both. For example, if the standard penalty includes jail time, the plea deal might involve a shorter jail sentence or alternative sentencing options like house arrest or community service.
Probation Terms: The terms of probation might be less restrictive in a plea bargain compared to the standard terms for a DUI conviction.
3. Alternative Sentencing:
DUI School: The plea deal may involve attending a DUI education program or other rehabilitative programs instead of harsher penalties.
Community Service: The defendant might be required to complete community service hours as part of the plea deal instead of facing jail time.
4. Dismissal of Certain Charges:
Dismissal of Aggravating Factors: If there are multiple charges or aggravating factors (like a high BAC or a prior DUI), the plea deal might involve dropping some of these charges or reducing their severity.
Factors Influencing a Plea Bargain
1. Strength of the Evidence:
Evidence Review: The prosecution will consider the strength of the evidence against the defendant when offering a plea bargain. If the evidence is strong and likely to result in a conviction, the plea deal might be more favorable to the defendant.
2. Prior Record:
Criminal History: The defendant's prior criminal record, especially related to DUI offenses, can influence the plea bargain. A first-time offender might receive a better deal compared to someone with a history of DUI convictions.
3. Circumstances of the Arrest:
Arrest Details: Factors such as the circumstances of the arrest, any aggravating factors (e.g., accidents, injuries, high BAC), and the defendant’s behavior during the arrest can impact the plea negotiations.
4. Negotiation Strategy:
Defense Strategy: The defense attorney’s skill in negotiating and presenting mitigating factors can influence the plea bargain’s terms. An experienced DUI attorney will negotiate for the best possible outcome for the defendant.
Pros and Cons of Plea Bargains
Pros:
Certainty: A plea bargain offers a certain outcome, avoiding the unpredictability of a trial.
Reduced Penalties: Defendants might receive lighter penalties than those that could result from a conviction at trial.
Avoiding a Criminal Record: In some cases, pleading to a lesser charge may avoid a DUI conviction on the record.
Cons:
Admission: Accepting a plea deal generally involves admitting guilt or no contest, which can have implications for the defendant’s record and future.
Limited Appeal: Once a plea deal is accepted, the ability to appeal the conviction is usually limited.
Steps to Take
1. Consult with an Attorney:
Legal Advice: Our law firm can advise you on whether a plea bargain is in your best interest and negotiate the best possible deal.
2. Understand the Deal:
Plea Details: Ensure you fully understand the terms of the plea bargain, including any potential impacts on your criminal record, driving privileges, and future legal obligations.
3. Make an Informed Decision:
Decision-Making: Make an informed decision based on the advice of your attorney, the evidence against you, and the potential outcomes of going to trial.
Conclusion
Plea bargains in Florida DUI cases offer a way to potentially reduce charges or penalties in exchange for a guilty or no contest plea. The terms of a plea bargain can vary based on the specifics of the case, including the strength of the evidence, the defendant’s prior record, and the circumstances of the arrest. We can help you navigate the plea bargaining process and to ensure that any plea deal is fair and in your best interest.
DUI Blood Cases
Fighting blood test results in a Florida DUI case involves questioning the accuracy, legality, and handling of the blood sample. Here’s a summary of how we challenge blood test results:
1. Examine the Collection and Handling Procedures
Proper Collection Protocol:
Certified Personnel: Ensure that the blood sample was collected by a qualified medical professional, such as a nurse or phlebotomist, who is trained to perform the procedure correctly.
Correct Procedure: Verify that the blood was drawn according to proper medical and legal procedures. Improper collection techniques, such as not using the correct antiseptic or using unsterilized equipment, can lead to contamination and affect the test results.
Chain of Custody:
Documentation: Review the chain of custody records to ensure that the blood sample was handled and stored properly from the time it was collected until it was tested. Any break in the chain of custody can lead to contamination or tampering concerns.
Storage Conditions: Check if the blood sample was stored under the correct conditions. Improper storage (e.g., incorrect temperature) can affect the integrity of the sample.
2. Challenge the Accuracy of the Blood Test
Testing Procedures:
Lab Accreditation: Confirm that the laboratory conducting the test is properly accredited and follows standardized procedures for testing. An unaccredited or improperly equipped lab may produce unreliable results.
Quality Control: Check if the lab has proper quality control measures in place. This includes regular calibration of equipment and adherence to protocols.
Testing Methodology:
Accuracy of Tests: Review the specific testing methodology used (e.g., gas chromatography). Each method has its own accuracy levels and potential for error.
Test Results: Obtain and review the lab’s test results and any relevant documentation. Look for any inconsistencies or errors in the test report.
3. Examine Potential Sources of Error
Sample Contamination:
Contamination Risks: Investigate whether there was any potential for contamination of the blood sample during collection, handling, or storage. Contamination can affect the accuracy of the test results.
Medical Conditions:
Health Issues: Certain medical conditions, such as diabetes or gastrointestinal disorders, can affect blood alcohol levels and potentially lead to inaccurate results. Provide evidence of any relevant medical conditions.
Interfering Substances:
Substance Interference: Check if there were any substances (medications, mouthwash, etc.) that could have interfered with the test results. Some substances can affect the accuracy of blood alcohol readings.
4. Consult with Experts
Forensic Toxicologists:
Expert Review: Hire a forensic toxicologist or a DUI expert to review the blood test procedures, results, and any potential issues. An expert can provide a detailed analysis and testimony regarding the reliability of the test results.
Lab Practices:
Expert Testimony: An expert can testify about standard practices and potential deviations that may have occurred, which can help challenge the validity of the test results.
5. Legal and Procedural Challenges
Legal Protocols:
Adherence to Legal Procedures: Ensure that all legal procedures related to blood testing were followed, including obtaining necessary warrants and consent (if applicable). Any violations of legal protocols can be used to challenge the results.
Rights Violations:
Constitutional Rights: Evaluate if your constitutional rights were violated during the arrest or testing process. Violations of rights can impact the admissibility of evidence in court.
6. Challenge the Prosecutor’s Evidence
Cross-Examination:
Witness Testimony: Cross-examine the prosecution’s witnesses, including the arresting officers and lab technicians, to uncover any inconsistencies or errors in their testimony and handling of the case.
Alternative Explanations:
Alternative Factors: Present alternative explanations for the blood alcohol levels, such as medical conditions or potential errors in the testing process.
Conclusion
To effectively challenge blood test results in a Florida DUI case, we must investigate every aspect of the collection, handling, and testing process. We scrutinize the procedures, examine potential sources of error, consult with experts, and address any legal or procedural issues. We will build a strong defense to effectively challenge the blood test results.
DUI Process
The process of a DUI trial in Florida involves several stages, from the initial arrest to the final verdict. Here’s an overview of the key steps involved in a DUI trial:
1. Pre-Trial Preparation
Arraignment:
Initial Hearing: After arrest, the defendant will attend an arraignment where they are formally charged and asked to enter a plea (guilty, not guilty, or no contest). Most defendants plead not guilty at this stage.
Discovery:
Evidence Exchange: Both the defense and the prosecution exchange evidence. This includes police reports, witness statements, video recordings, and results from breath, blood, or urine tests.
Pre-Trial Motions:
Motions to Suppress: The defense may file motions to suppress evidence if there are grounds to argue that it was obtained unlawfully. This might include challenging the legality of the traffic stop, arrest, or evidence collection.
Motions to Dismiss: The defense may also file motions to dismiss the charges based on legal arguments, such as insufficient evidence.
Plea Negotiations:
Plea Bargains: The defense and prosecution may negotiate a plea deal to resolve the case without a trial. If a plea bargain is reached, the defendant may plead guilty or no contest to a reduced charge or receive a lighter sentence.
2. Trial Preparation
Witness Preparation:
Witness List: Both sides prepare a list of witnesses, including law enforcement officers, expert witnesses, and any other relevant individuals.
Pre-Trial Interviews: Witnesses may be interviewed and prepared for their testimony.
Trial Strategy:
Case Strategy: The defense and prosecution develop strategies for presenting their cases. This includes deciding which evidence to present and how to cross-examine witnesses.
3. Trial
Jury Selection:
Voir Dire: The process of selecting a jury begins with voir dire, where potential jurors are questioned to determine their suitability to serve on the jury. Both the defense and prosecution can challenge potential jurors.
Opening Statements:
Presentation of the Case: Both sides make opening statements outlining their case and what they intend to prove. The prosecution presents first, followed by the defense.
Prosecution’s Case:
Presentation of Evidence: The prosecution presents its case, including evidence and witness testimony to prove that the defendant was driving under the influence. This may include testimony from the arresting officer, field sobriety tests, and chemical test results.
Defense’s Case:
Counter-Evidence: The defense presents its case to challenge the prosecution’s evidence and argue that the defendant was not impaired. This might include presenting evidence of medical conditions, procedural errors, or alternative explanations for the defendant’s behavior.
Cross-Examination:
Witness Examination: Both sides cross-examine the other’s witnesses to challenge their credibility and the reliability of their testimony.
Rebuttal and Surrebuttal:
Rebuttal Evidence: The prosecution may present rebuttal evidence to counter the defense’s arguments. The defense may then offer surrebuttal evidence to address any new points raised by the prosecution.
Closing Arguments:
Summarization: Both sides present their closing arguments, summarizing the evidence and making their final appeal to the jury. The prosecution argues for a conviction, while the defense argues for acquittal.
Jury Instructions:
Legal Guidelines: The judge provides the jury with instructions on the legal standards they must use to evaluate the evidence and reach a verdict.
Jury Deliberation:
Decision Making: The jury deliberates in private to reach a verdict. They must decide whether the defendant is guilty or not guilty beyond a reasonable doubt.
4. Post-Trial
Verdict:
Guilty or Not Guilty: The jury announces its verdict. If found guilty, sentencing will follow. If acquitted, the defendant is released without penalty.
Sentencing:
Sentencing Hearing: If convicted, a separate sentencing hearing may be held where the judge determines the appropriate penalties, which could include fines, probation, community service, and/or incarceration.
Appeal:
Challenging the Verdict: If convicted, the defendant has the right to appeal the conviction or sentence if there are grounds to argue that legal errors occurred during the trial that affected the outcome.
5. Additional Considerations
Driver’s License Suspension:
Administrative Penalties: Separate from the criminal case, the defendant may face administrative penalties such as a driver’s license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Civil Penalties:
Insurance and Employment: A DUI conviction may lead to increased insurance rates and potential employment consequences.
Conclusion
The DUI trial process in Florida is a detailed and structured procedure designed to ensure that justice is served. It involves multiple stages, from pre-trial preparation to the trial itself and potential post-trial actions. If you are facing a DUI charge, we can help you navigate the process effectively, prepare a robust defense, and achieve the best possible outcome.
DUI Drug Case
Fighting a DUI drug case in Florida that involves a Drug Recognition Expert (DRE) requires a strategic approach. DREs are specially trained officers who evaluate suspected drug-impaired drivers using a standardized 12-step evaluation process. We are among few lawyers in the state certified in DRE. Here’s how we challenge DUI drug cases:
1. Challenge the DRE’s Training and Qualifications
DRE Certification:
Certification Status: Verify that the DRE officer who evaluated you was properly certified and trained according to the standards set by the National Highway Traffic Safety Administration (NHTSA) or other relevant organizations. Inadequate training or expired certification can undermine the credibility of their evaluation.
Training Records:
Training Documentation: Obtain and review the DRE’s training records and certification to ensure they meet the required qualifications. Any discrepancies or gaps in training can be used to challenge the reliability of the DRE’s testimony.
2. Examine the DRE Evaluation Process
Evaluation Procedures:
Adherence to Protocols: Ensure that the DRE followed the standardized 12-step evaluation process correctly. Deviations from established procedures can impact the accuracy of the evaluation.
Documentation and Reports: Review the DRE’s reports and documentation from the evaluation. Look for any inconsistencies or errors in how the evaluation was conducted and documented.
Assessment Conditions:
Testing Environment: Examine whether the evaluation was conducted under appropriate conditions. Factors such as poor lighting, noise, or other environmental distractions can affect the accuracy of the assessment.
3. Challenge the Evidence of Impairment
Physical Symptoms:
Medical Conditions: Present evidence of any medical conditions or physical issues that could have mimicked signs of drug impairment, such as neurological disorders, chronic illnesses, or other health conditions.
Inconsistent Symptoms: Challenge the DRE’s observations of physical symptoms by presenting evidence or expert testimony that these symptoms were not indicative of drug impairment but rather due to other factors.
Drug Testing Results:
Toxicology Reports: Obtain and review the toxicology reports for the blood or urine tests. Analyze the results to determine if the drug levels detected were consistent with impairment.
Drug Detection and Interpretation: Consult with a forensic toxicologist to interpret the results and determine if the detected substances were at levels that could impair driving.
4. Question the Reliability of the DRE’s Testimony
Cross-Examine the DRE:
Credibility: During cross-examination, question the DRE about their evaluation process, training, and any potential biases. Highlight any inconsistencies or errors in their testimony.
Testimony Limitations: Challenge the DRE’s ability to accurately assess impairment based on subjective observations and their interpretation of physical symptoms.
Expert Testimony:
Forensic Expert: Hire a forensic toxicologist or other relevant experts to provide testimony on the reliability of the DRE’s evaluation and the interpretation of drug testing results. An expert can offer an independent analysis and challenge the validity of the DRE’s findings.
5. Address Legal and Procedural Issues
Rights and Procedures:
Constitutional Rights: Ensure that your constitutional rights were not violated during the arrest and evaluation process. Any rights violations can impact the admissibility of evidence.
Legal Protocols: Verify that all legal procedures were followed correctly, including obtaining consent for blood or urine testing and ensuring that you were not subject to illegal searches or seizures.
Procedural Errors:
Challenge Errors: Identify and challenge any procedural errors or deviations from standard practices during the evaluation and testing process. Procedural errors can undermine the validity of the evidence against you.
6. Present Alternative Explanations
Medical or Environmental Factors:
Alternative Causes: Present evidence that alternative factors, such as medical conditions or environmental influences, could explain the symptoms observed by the DRE or the results of drug tests.
Other Explanations: Offer alternative explanations for any signs of impairment that do not involve drug use, such as fatigue, stress, or illness.
Conclusion
To effectively fight a DUI drug case involving a DRE in Florida, we need to carefully scrutinize the DRE’s qualifications, evaluation procedures, and the evidence of impairment. Challenge the reliability of the DRE’s testimony, review the toxicology reports, and address any legal or procedural issues. Consulting with experienced DUI attorneys and forensic experts is crucial in building a robust defense and addressing the complexities of challenging a DUI drug case.
