Implied Consent Law in Florida states that any person who accepts the privilege of driving any motor vehicle within the state is, by so driving such motor vehicle, deemed to have given his or her consent to submit to an approved physical or chemical test. The tests that are usually administered include, but are not limited to, infrared light test of his or her breath for the purpose of gauging the level of alcohol content in his or her blood or breath if the person is arrested legally for any offense committed while the person is in control of a motor vehicle while under the influence of alcohol.
The Florida law also stipulates that if there is a serious bodily injury or death involved in DUI cases, an officer may use reasonable force if needed to require the driver to submit to the administration of the blood test. Even if the driver refuses, reasonable force may still be used to draw blood for a BAC test in these cases.
Police and Implied Consent Law
Police officers in Florida must comply with the Implied Consent Law at all times. The police officer making a DUI arrest must inform you of the rights under the law in relation to your taking a state-administered test of your blood, breath, or urine. The police should also tell you other rights like refusing to take the test. If you refuse a test, your refusal may be presented as evidence against you by the prosecution at trial.
Refusal to state-administered test will have your license immediately taken from you, suspended or revoked for a certain period of time. Take note that you have the right to challenge the suspension or revocation of the license, and you may be able to take back the license even though you did not submit yourself to the test requested.
In case the requesting officer did not read the correct implied consent warning to you, then your DUI defense lawyer can argue that you were denied of reasonable explanation or discussion of the options for you. If you did not understand your legal rights, the administration of the test can be challenged.
In case the condition of your DUI tests is questionable, then your lawyer can exclude unfavorable test results from being introduced at trial. The case of the prosecution may be crippled and your case may be entirely dismissed or made into a lesser offense.
Monday, August 26, 2013
Wednesday, August 21, 2013
What to Do Next After Failing Field Sobriety Test in Florida
You are probably familiar with the different field sobriety
tests after you have been stopped by police authorities because of reckless
driving, or in the Sunshine State, reckless boating. If you cannot do the necessary things to pass
a field sobriety test, then you are in serious trouble as you may face
potential criminal charges like driving under the influence (DUI), boating
under the influence (BUI), or even driving under the influence of drugs. In
case you fail such test, then you could be charged with a DUI even if you are
sober.
In case you are
facing DUI charges because of failing field sobriety test, the most important
thing you should do is to stay calm and talk to a DUI defense lawyer. An
experienced DUI defense lawyer can help you if you have been accused of DUI. A
lawyer can help you fight the charges.
Although field
sobriety tests are designed to fail, there are a number of reasons one might
fail to perform the functions needed to pass such test. These are called
“divided attention exercises”, which are created to test a person’s capability
to listen to and follow instructions, and then perform a predetermined task.
There are different
tasks involved in the test such as being able to place your finger on your
nose, stand on one leg, follow an object with the eyes, or walk in a straight
line and turn around. Even though a driver sober, he still could fail the test
because of physical or mental disability, stress, fatigue, or even bad weather
conditions.
A DUI lawyer can
reduce the penalties or even dismiss a charge if you were experiencing any of
the above conditions. Additionally, if the police officers who administered the
test impaired your ability to take a field sobriety test at the arrest, then
your lawyer can challenge it. There are other factors that could have led to
your failing the test such as when an officer did not explain, demonstrate, or
administer the test properly. As a consequence, the scientific validity of the
test is highly fallible.
If you are charged with DUI, you should talk to a criminal
defense lawyer as soon as you can. Field sobriety tests can be successfully
challenged because of the conditions mentioned above. You should choose a
lawyer with vast experience in handling similar cases to yours. Your lawyer can
cite these conditions to lessen the penalty or drop the charge against you.
Wednesday, August 14, 2013
Cycling and Drunk Driving in Florida
If you love to ride your bicycle and you also like to have a drink or two, then you should treat your bicycle as if it was your car when it comes to the law in Florida because you can be charged with DUI for riding your bike.
If you are stopped for drunk driving on a cycle in Florida, you can legally refuse to submit yourself to an alcohol test. Take note that the state could not argue if the defendant refused to take a breath analyzer test. The reason is that the implied consent law is only applicable to motor vehicles and not bicycles.
In so far as recent conviction of DUI cycling, there has been a criminal case in the state when a defendant was stopped for a suspected DUI and then arrested for riding his bicycle while under the influence of alcohol. This was the third conviction for him and his earlier DUI conviction was made within 10 years. A third DUI conviction in Florida, if taken within ten years, results in suspension of the driver’s license for a minimum of 10 years.
In the case presented, the defendant did not contest the DUI charge, but his criminal defense attorney made an appeal for the 10 years suspension of the license of his client. The argument of the lawyer rested on stating that this suspension did not apply to cyclists. The Florida court, however, did rule that the word “driver” as referred to in Florida DUI laws means anyone who is in physical control of any form of vehicle on a road. The term “vehicle” has a broad definition but it generally means that any device that is used by a person as a means of transportation. The definitions cover bicycle rider under Florida DUI laws.
To summarize everything, you can also be considered under the influence while riding a bicycle. There had been a case of bicycle DUI in the state in the 1980s. Since then, there have been DUI cases involving cyclists and many of them resulted in charges and prosecutions.
If you are a cyclist in Florida, you can avoid DUI by not drinking alcohol if you intend to go out for a ride. Florida courts prosecute bicycle DUI like other drivers of motorized vehicle. If you face a bicycle DUI, it is important that you talk to a DUI defense lawyer as soon as possible because this is a serious criminal offense.
If you are stopped for drunk driving on a cycle in Florida, you can legally refuse to submit yourself to an alcohol test. Take note that the state could not argue if the defendant refused to take a breath analyzer test. The reason is that the implied consent law is only applicable to motor vehicles and not bicycles.
In so far as recent conviction of DUI cycling, there has been a criminal case in the state when a defendant was stopped for a suspected DUI and then arrested for riding his bicycle while under the influence of alcohol. This was the third conviction for him and his earlier DUI conviction was made within 10 years. A third DUI conviction in Florida, if taken within ten years, results in suspension of the driver’s license for a minimum of 10 years.
In the case presented, the defendant did not contest the DUI charge, but his criminal defense attorney made an appeal for the 10 years suspension of the license of his client. The argument of the lawyer rested on stating that this suspension did not apply to cyclists. The Florida court, however, did rule that the word “driver” as referred to in Florida DUI laws means anyone who is in physical control of any form of vehicle on a road. The term “vehicle” has a broad definition but it generally means that any device that is used by a person as a means of transportation. The definitions cover bicycle rider under Florida DUI laws.
To summarize everything, you can also be considered under the influence while riding a bicycle. There had been a case of bicycle DUI in the state in the 1980s. Since then, there have been DUI cases involving cyclists and many of them resulted in charges and prosecutions.
If you are a cyclist in Florida, you can avoid DUI by not drinking alcohol if you intend to go out for a ride. Florida courts prosecute bicycle DUI like other drivers of motorized vehicle. If you face a bicycle DUI, it is important that you talk to a DUI defense lawyer as soon as possible because this is a serious criminal offense.
Wednesday, August 7, 2013
DUI Plea Bargains in Florida
Dealing with a DUI charge in Florida is challenging and time consuming if you do not have the right criminal defense lawyer to help you with the complexities of the law. When you are stopped and arrested for DUI, there are different ways to deal with the charge. Take note however that it is very difficult to negotiate with the prosecution on your own without the help of a criminal lawyer. The choices for you are related to court pleas.
There are courts in Florida that allow plea options as a means to solve the backlog of cases to a minimum. This also mean that so some of the plea options will make the state save on the cost of sending an offender to prison by providing alternative penalties. These plea arrangements also make the state collect money from the offender while he or she is placed on probation. Plea bargaining usually takes place for DUI offenders.
A plea bargain is an agreement struck between you and the prosecutor of the case. In this type of agreement, you agree to forego your right to a jury trial in exchange to the prosecutor agreeing to reduce the charges or agreeing to a reduction of penalties that may be given to you. There is a limitation on plea bargains which are the mandatory minimum penalties a judge may impose regardless of what the agreement of the prosecutor and defense lawyer is. Therefore, it is important to have a legal guidance when you want to negotiate for plea bargains.
Plea Bargains and Mandatory Minimum Penalties
The best bargaining chip when you want to seek a plea bargain is to have a strong and experienced DUI lawyer to challenge the case of the state in trial. If your lawyer sees in the evidence a substantial weakness in the case of the state, the lawyer may point this out to the prosecutor and likely receive a favorable condition. For example, if there is a mistake in the administration of the breath analyzer test, this may lead to a plea bargain reducing a DUI charge to reckless driving.
The most favorable way to plea bargain a DUI is reduction of charges. The reason is that the prosecutor does not have much room to deal in a DUI charge because of the mandatory minimum penalties set by law. The key to have a successful plea bargaining for DUI is having the right DUI lawyer by your side.
There are courts in Florida that allow plea options as a means to solve the backlog of cases to a minimum. This also mean that so some of the plea options will make the state save on the cost of sending an offender to prison by providing alternative penalties. These plea arrangements also make the state collect money from the offender while he or she is placed on probation. Plea bargaining usually takes place for DUI offenders.
A plea bargain is an agreement struck between you and the prosecutor of the case. In this type of agreement, you agree to forego your right to a jury trial in exchange to the prosecutor agreeing to reduce the charges or agreeing to a reduction of penalties that may be given to you. There is a limitation on plea bargains which are the mandatory minimum penalties a judge may impose regardless of what the agreement of the prosecutor and defense lawyer is. Therefore, it is important to have a legal guidance when you want to negotiate for plea bargains.
Plea Bargains and Mandatory Minimum Penalties
The best bargaining chip when you want to seek a plea bargain is to have a strong and experienced DUI lawyer to challenge the case of the state in trial. If your lawyer sees in the evidence a substantial weakness in the case of the state, the lawyer may point this out to the prosecutor and likely receive a favorable condition. For example, if there is a mistake in the administration of the breath analyzer test, this may lead to a plea bargain reducing a DUI charge to reckless driving.
The most favorable way to plea bargain a DUI is reduction of charges. The reason is that the prosecutor does not have much room to deal in a DUI charge because of the mandatory minimum penalties set by law. The key to have a successful plea bargaining for DUI is having the right DUI lawyer by your side.
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