DUI / DWI Lawyers and Attorneys Sanford Florida
Sanford FL drunk driving arrest is an extremely serious matter - the accused driver faces a suspended license, a large fine, and even a jail sentence if convicted. But luckily, a drunk driving arrest isn't an automatic conviction. Driving under the influence cases can be fought and won with expert legal help. An experienced Sanford Florida defense lawyer from 1800DUILaws.com has the skills needed to protect the driver's rights and ward off the negative consequences of a drinking and driving arrest.
Sanford FL drunk driving cases are generally based on four types of evidence - chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of alcohol intoxication shown by the driver. This evidence may seem like an insurmountable hurdle, but a savvy defense lawyer can challenge every item of evidence and create reasonable doubt in the minds of jurors.
Chemical tests of the accused driver's blood, breath or urine are usually the centerpiece of a Sanford Florida prosecutor's drunk driving case, but even a blood alcohol content (BAC) of .08 percent or greater can be effectively challenged. A knowledgeable defense lawyer will analyze every aspect of the accused driver's chemical test to determine the most effective challenge.
The most effective chemical test challenges are often based on time. Chemical tests are often given an hour or more after the driver was last behind the wheel, and the driver's BAC can rise considerably in that time. The human body continues to absorb alcohol after the last drink is taken, and so an individual's BAC continues to rise.
Under that premise, a skilled defense lawyer will argue that the driver's chemical test results were artificially inflated by rising BAC. The attorney can demonstrate that a driver who "failed" a blood, breath or urine test could have been within the legal limit when behind the wheel.
A driver arrested for DUI / DWI in Sanford FL who refused to take a chemical test may face additional penalties, both in court and at the state DMV. Motorists who refuse to take a chemical test after a drunk driving arrest are in violation of their state's implied consent laws. They face repercussions that may include longer driver's license suspensions and additional criminal penalties. In addition, a refusal can be used as evidence of "consciousness of guilt" in many states.
An accused motorist's driving patterns prior to arrest will also be used as evidence in a Sanford Florida DUI / DWI prosecution. The officer who made the arrest will testify about any behavior displayed by the motorist that is linked to driving while intoxicated, such as weaving between lanes, braking abruptly, or driving too slowly.
Fortunately, this evidence can be effectively rebutted during an aggressive cross-examination of the arresting officer. A skillful defense attorney will establish that any driving patterns considered indicative of DUI / DWI could easily have caused by circumstances that had nothing to do with alcohol use. For example, the driver might have reached down to the floor to retrieve a dropped item when he or she inadvertently swerved between lanes.
Field sobriety tests are also used as prosecution evidence in Sanford FL drunk driving cases, but can also be challenged with effective cross-examination. Successful field sobriety test challenges are guided by a very simple idea - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests focus heavily on physical agility. Under this premise, an accused driver can "fail" a field sobriety test without ever showing the mental impairment caused by alcohol intoxication.
Many conditions that are unrelated to alcohol use can cause the kind of physical impairment that might impact a driver's performance on a field sobriety test, including illness, injury, or central nervous-system disorders. An experienced Sanford Florida drunk driving defense attorney can determine whether conditions unrelated to alcohol intoxication caused the motorist to "fail" his or her field sobriety test.
The prosecutor in a Sanford FL driving while intoxicated case will also seek to introduce evidence about any physical signs and symptoms of alcohol intoxication shown by the driver. These "symptoms" might include red, watery eyes, slurred speech, or an odor of alcohol. But these so-called signs of intoxication can be attributed to many conditions, such as illness, fatigue, or even allergies.
Ultimately, the stakes are high in a Sanford FL drunk driving case, so it's worth the effort to fight the charges. Remember, DUI / DWI cases can be fought and won. An attorney who concentrates on defending drinking and driving cases will aggressively attack the evidence and work to keep negative consequences to a minimum.
Finding a good defense lawyer can be tricky, but 1800DUILaws.com is here to help. 1800DUILaws.com is a national association of top defense attorneys skilled at protecting the rights of drivers accused of DUI / DWI. An experienced attorney can provide a free consultation and outline a proven defense strategy designed to ensure that the driver receives fair treatment in the criminal justice system.