An arrest for driving under the influence (DUI) is a serious matter for which you should hire legal representation. Whether your case involves alcohol, drugs, or both, a DUI conviction can have a negative effect on your life.
DUI charges often result in serious consequences, including the loss of your license and your job, making it imperative that you protect your right to defend yourself against the charges.
If you were recently arrested or charged with DUI, we can help. To discuss your case with our DUI lawyers in Venice, contact Goldman Wetzel now at (941) 405-5193.
What Law Enforcement and Prosecutors Need to Prove
DUI is an umbrella term that refers to operating a vehicle while alcohol, chemical substances, or controlled substances impairs your judgement. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) states that to prove DUI, law enforcement must prove one of the following:
- The impairment of the driver’s normal faculties.
- An unlawful blood alcohol or breath alcohol level of .08 percent or higher.
Under Florida law, a person faces a possible DUI charge if they are driving or in control of a vehicle and proven impaired by testing.
How Florida’s Implied Consent Law Affects Your Case
Anyone who accepts a Florida driver’s license implies consent for breath and blood testing. This means that the driver must consent to alcohol testing when suspected of DUI.
Law enforcement must have probable cause to request a chemical or breath test.
While you can refuse to submit to a breathalyzer test, you will lose your license for one year for a first offense. The suspension can last as long as 18 months if the driver has previously refused the same test under similar circumstances.
Also, the refusal to submit to a chemical or breath test is evidence that is permissible in a criminal case. If you were not informed of the consequences of refusing a test, that information may serve as a possible defense.
Other possible defense strategies involving a DUI case may include:
- You were a passenger and not the driver.
- Law enforcement had no probable cause for arresting you.
- The tests were misread or performed by untrained staff.
- Something other than alcohol or a controlled substance caused you to appear impaired
Field Sobriety Testing
Law enforcement uses field sobriety testing to gauge a driver’s ability to perform certain tasks. Developed by the National Highway Traffic Safety Administration (NHTSA), law enforcement receives training important for properly administering sobriety tests.
You do not have to submit to a field test under Florida law.
In fact, we recommend that you do not submit to field sobriety testing as your results may indicate intoxication even if you did not have a single drop of alcohol.
When you find yourself detained by law enforcement, ask to speak with an attorney.
What to Do if Charged With DUI
While a DUI charge is a serious matter, a false or misread alcohol test can change your life. You have a right to defend yourself against aggressive law enforcement officers who may violate your rights or who falsely accuse you of endangering others.
If you were arrested for or charged with DUI, we can help. At Goldman Wetzel, we understand your uncertainty for the future, especially when it involves a DUI. We will develop a strong defense strategy so you get an outcome that meets your needs.
The earlier you call us, the earlier we can get involved. If you call us early enough, we might even be able to stop the prosecution from filing charges. Call us now: (941) 405-5193.
Get a Proactive Defense for Your Case
When you hire a proactive defense team, you can feel better knowing your case is in good hands.
When you hire the services of Goldman Wetzel, you get two attorneys for your case. Summer Goldman has invaluable experience as a former prosecutor, and Maribeth Wetzel offers years of experience as a career defense attorney. Together, they use a team approach to resolve every case they take on.
A DUI case can contain a number of variables, meaning each case is different. Not one DUI case is alike due to the complexity of blood alcohol concentration (BAC) levels and drug testing, law enforcement conduct, and other factors that can help your defense.
Regardless of the circumstances involving your case, a strong defense can help you. A DUI conviction can affect your career, your relationships, and your finances. Expensive fines, possible loss of your license, and jail time may all await you should the court find you guilty.
A proactive defense strategy is necessary for getting your charges dismissed, reduced, or perhaps negotiated and settled out of court. Do not attempt to handle this alone. The DUI lawyers in Venice at Goldman Wetzel are here to help. If your case requires going to trial, we are prepared to defend you in court.
Let Goldman Wetzel Help Protect Your Future
If a night out with friends ended in your arrest or charge of DUI, we can help. There are possible defenses we may be able to use. Summer and Maribeth will use their individual experience to build the best defense for your case.
Get Your Free Consultation Today
A legal team that includes prosecution and defense with experience in DUI cases is invaluable during a DUI case. Call for a free case evaluation today at (941) 405-5193.