Our client was driving home at midnight and his vehicle was followed by the police for 2 miles. The police felt his vehicle was weaving between lanes and traveling at increasing and decreasing speeds. His vehicle was stopped by the police, as they suspected alcohol intoxication. Our client complied with the officer's request to perform roadside field sobriety tests.
According to the officer who administered the tests, our client's performance was below the standard and he was arrested for Driving Under the Influence, under Fla. Statute 316.193. He was also issued an Open Container violation because he had an open can of beer in his car. Our client refused to take a breath test and was charged with Refusal to Submit, under Fla. Statute 316.1932.
By taking an aggressive stance for our client, we pushed forward negotiating with the State Attorney assigned to his case. Our highly skilled DUI defense team challenged whether or not the officers had probable cause to make the initial stop. We also challenged his refusal to submit to a breath test. The State agreed with our argument and reduced the DUI charge to Reckless Driving. The Refusal to Submit charge was dismissed completely.
Miami DUI defense attorneys at Musca Law are extremely knowledgeable in defending breath and blood test refusals, and can also help drivers who have failed field sobriety tests. Having a skilled criminal defense lawyer to assert your rights can make the difference in the penalties imposed for a DUI arrest.
