Casselberry FL DUI / DWI Lawyers & Attorneys
Casselberry FL drunk driving arrest requires immediate legal action - the driver must move fast to guard against negative consequences such as a suspended license, a large fine, or even a jail sentence. A skilled defense attorney can help the driver fight the charges and keep the repercussions of a drunk driving arrest to a minimum.
The evidence used in a Casselberry FL DUI / DWI case will likely include chemical test results, driving patterns, field sobriety tests, and testimony about the driver's physical appearance prior to arrest. Although this evidence may seem damaging to the defendant's case, every piece of evidence can be effectively challenged by a knowledgeable defense lawyer.
A chemical test of the blood, breath or urine is typically the centerpiece of a prosecutor's case in a Casselberry FL drunk driving case. But chemical tests that indicate a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs are open to challenge. An experienced defense lawyer will analyze every aspect of the driver's chemical test to determine the best challenge.
Time is often the defense attorney's best ally when it comes to challenging a chemical test result. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and the driver's BAC may have risen considerably during that time frame. This is possible because the body continues to absorb alcohol after a person takes the last drink, which causes the BAC to rise.
By that token, a driver whose chemical test indicated that he or she was above the legal limit at the police station could have easily been within the legal limit while behind the wheel. An experienced Casselberry Florida DUI / DWI defense lawyer can demonstrate to jurors how a driver who appeared to be intoxicated hours later at the police station could have well within the legal limit while driving.
A driver who refused a chemical test may face additional complications in court and at the DMV. Every state has an implied consent law, meaning that the driver has agreed to take a chemical test to determine BAC after a lawful drunk driving arrest. A driver who refused to take to a chemical test after arrest may be subject to a longer license suspension, additional criminal penalties, and in some states a refusal can be used as evidence of "consciousness of guilt."
The arresting officer will be asked to testify about the motorist's driving patterns prior to arrest. The officer will cite any behavior shown by the motorist that is associated with drunk driving, such as swerving between lanes, abruptly braking, or driving too slowly.
But the driving patterns associated with impaired motorists can be traced to many factors unrelated to alcohol use. For example, he or she may have been distracted by something as simple as dropping something on the floor or looking at a map at the time the officer observed the behavior.
Speeding is one of the most common reasons police stop suspected drunk drivers, but that isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer testifies that he or she stopped the accused driver for speeding, the arrest likely lacked probable cause, and any evidence gathered may be suppressed at trial.
Field sobriety tests are another type of evidence used in Casselberry Florida DUI / DWI prosecutions. However, these tests are very subjective and are inherently unfair. Here's why - experts agree that alcohol intoxication causes both mental and physical impairment, but many field sobriety tests rely heavily on physical agility. Because of this, a driver with a physical impairment may have "failed" his or her field sobriety test without ever displaying the mental impairment associated with intoxication.
Physical problems that hinder a driver's ability to perform field sobriety tests can stem from any number of factors, including illness, injury, or even nervousness or fatigue. An experienced Casselberry Florida drunk driving defense lawyer can determine whether conditions unrelated to alcohol use contributed to the driver's inability to "pass" his or her field sobriety test.
The arresting officer also will be asked to testify about any physical signs and symptoms of alcohol impairment he or she observed in the driver. The officer may testify about the driver's slurred speech, red, watery eyes, or an odor of alcohol. But these so-called symptoms of alcohol or drug intoxication can be traced to many causes, including illness, fatigue, or allergies.
The bottom line is that even though the evidence brought in a DUI / DWI prosecution may seem damning, driving under the influence charges can be fought and won. A knowledgeable criminal defense attorney has many effective strategies to challenge the evidence in drinking and driving cases.
But finding the right defense attorney can be a challenge. Fortunately, 1800DUILaws.com is here to help. 1800DUILaws.com is a nationwide network of expert defense attorneys who devote their practices to DUI / DWI defense. A skilled Casselberry FL defense attorney will aggressively fight the charges and ensure that the driver's rights are protected.