DUI or Driving Under the Influence in Florida is a serious crime. People from all walks of life are susceptible to this charge. Due to the extreme consequences that a conviction can bring, everyone deserves the best DUI defense available. The DUI defense team at Butash and Donovan is your best option to beat your Florida DUI arrest.
Florida DUI is defined in Florida Statute 316.193 and in relevant part reads:
(1) A person is guilty of the offense driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alchoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 mililters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
While the statute may seem straight forward there are many defenses to the charge of DUI. Hiring the best DUI attorneys may be the only thing that saves you from a conviction. All DUI attorneys are not alike, you owe it to yourself to contact the experienced DUI lawyers at Butash and Donovan for a free consultation.
Our DUI lawyers know how to win your case. Drunk driving defense is an extremely technical field of criminal law, requiring expertise and experience to present your best defense.
The best DUI defenses in Florida involve a complete analysis of your case by the best local DUI defense attorneys and include the following points of emphasis:
Illegal DUI Stop in Florida.
Often the first contact with law enforcement in a DUI arrest comes when you are “stopped” by the police. Law enforcement must have probable cause that a traffic offense has occurred OR reasonable suspicion of criminal activity (such as DUI) to legally stop your vehicle. Your DUI attorneys will evaluate this first contact with law enforcement to determine if you were illegally stopped. If the officer develops a reasonable suspicion that a crime has occurred he is allowed brief detention to conduct further investigations.
DUI investigations in Florida:
An officer, who has lawfully stopped a citizen, may detain that person long enough to accomplish the legitimate purpose of the stop. If that stop is on reasonable suspicion of DUI then the stop may last long enough for the officer to diligently pursue an investigation to confirm or dispel the suspicion. This is what allows the officer to ask you to take FSE’s or Field Sobriety Exercises.
Florida DUI Arrest:
Law enforcement must reach the higher standard of probable cause (rather than reasonable suspicion) to effect an arrest for DUI. Probable cause for a DUI arrest must be based upon more t than a belief that a driver has consumed alcohol; it must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol in his or her system. The investigating officer must take into account all of the available evidence to determine if there is, in fact, probable cause to arrest you for the crime of Driving Under the Influence or DUI. This often includes your appearance, the odor of alcohol, and your performance on Field Sobriety Exercises.
Florida DUI Breath Test:
You may be surprised to learn that you do not take a DUI breath test until after you have been arrested. This means that the results of your DUI breath test have absolutely nothing to do with your arrest. The results of the breath test only serve as evidence of your guilt or innocence at a later date. Therefore, for the results of your DUI breath test to be admissible, the prosecution must first be able to show that the arrest itself is valid under the criteria set forth above.