An Overview of Florida DUI Laws
DUI stands for "driving under the influence." Also commonly referred to as drunk driving or DWI (driving while intoxicated), DUI is a criminal offense that involves a driver operating a motor vehicle on a public roadway while he or she is under the influence of alcohol or a controlled substance, or a combination of the two. To be deemed "under the influence" by law, the driver must have a blood alcohol concentration of .08% or greater, and/or his or her normal faculties must be impaired as a result of intoxication or drug use.
Establishing Evidence in Drunk Driving Cases
To seek evidence for DUI cases, Miami law enforcement will request that the driver submit to one or more field sobriety tests, used to demonstrate the driver's mental abilities, balance, coordination, and ability to follow instructions. Field sobriety tests are voluntary and are in fact rife with potential problems. Because these tests gauge a driver's physical and mental abilities, there is room for error. A driver may have a physical injury, may be overweight or may be ill and therefore may be unable to perform a field sobriety test properly, only to have this misconstrued as intoxication.
To establish an unlawful blood alcohol concentration, law enforcement will ask the driver to submit to a breath test or blood test. Both breath and blood tests are subject to operator error or mishandling by law enforcement.
Contact a Miami DUI Lawyer for Powerful Defense
An experienced attorney can assist you if you or someone you know has been arrested for driving under the influence. Even in the presence of a failed breath test or field sobriety tests, your attorney can work to disprove the validity of these tests or uncover a violation of your Constitutional rights or of procedure by law enforcement. Attorney Michael Mirer is a highly experienced trial attorney and a former prosecutor. If you would like to learn more about drunk driving charges in South Florida,
contact a Miami DUI lawyer today or take a few moments to fill out a
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