Miami DUI Attorney Blog

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.

A 1995 white Mercedes with Florida tags caught the attention of the police as it seemed to be speeding. The police decided to follow the vehicle. A few blocks later, they witnessed the driver attempting to make a left hand turn. The driver misjudged the turn and hit the cement curbing. His car landed in shrubbery and he was a bit dazed by the mishap. The police officers made contact with the driver and noticed a strong odor of alcohol along with slurred speech. The driver refused field sobriety tests and refused to take a breath test. He was arrested and charged with Driving Under the Influence (DUI), DUI with Property Damage, and Refusal to Submit to Breath Test.

The Miami DUI attorneys at Musca Law consistently provide winning legal defense strategies to clients who are facing serious DUI charges. Our success is based upon prompt investigation of the facts involved and an aggressive challenge to the evidence against our client.

In this DUI case, we recognize that research conducted by the National Highway Traffic Administration does not include speeding as a possible symptom of DUI. Because of quicker judgment and reflexes involved, speeding may indicate sobriety. Unlike the breath test, where refusal to submit may have serious consequences, our client had the legal right to refuse field sobriety testing. In most situations, police officers have already made up their mind on a DUI arrest and the sobriety tests are just additional evidence to use against the suspect.

Our experienced DUI defense attorneys successfully convinced the prosecutor that they did not have sufficient evidence to support a DUI conviction against our client. The admissibility of his refusal to submit to a breath test was assertively challenged by our defense team. The State Attorney agreed, and the charge of DUI was broken down to Reckless Driving, whereby adjudication was withheld. In other words there was no conviction! This decision meant our client did not have 4 points assessed to his driving record and did not have to bear the burden of increased insurance rates. The charges of Refusal to Submit, and DUI with Property Damage, were dismissed completely.

Driving home from a late night gathering with friends, Monroe County Deputies noticed our client was driving below the speed limit. He was traveling approximately 45mph in a 55mph zone. Deputies also felt his vehicle was swaying from side to side. Upon conducting a traffic stop, they noticed the driver's eyes were glassy, his speech was slightly slurred, and an odor of alcoholic beverages. At the request of the officers, the driver agreed to perform Standardized Field Sobriety Testing.

The Deputies were of the opinion he swayed while performing the tests. Based on the driving pattern observed, the odor of alcohol, his physical appearance, and his performance on the sobriety tests, the Deputies believed the driver was impaired by alcohol. The driver was transported to the Key West DUI room for further processing. After a twenty minute observation, the defendant gave two breath samples of .085 and .080. The defendant was booked at Monroe County Jail for Driving Under the Influence, under Florida Statute 316.193(1).

 
The seasoned Miami DUI attorneys at Musca Law provide aggressive defense strategies for our clients. We investigate every aspect of the charges our client face to make sure fair results are achieved. In this case, we were able to successfully challenge the results of the breathalyzer and its accuracy. After reviewing video of the sobriety testing, we disagreed with the deputy's opinion of our client's performance. We presented a strong argument on his behalf and challenged the evidence the State had against him.

After numerous attempts to negotiate this case, the State finally agreed to reduce the charge to Reckless Driving, with a Withhold of Adjudication. This meant that our client did not get convicted, or have 4 points assessed to his driver's license. We also had further success in winning the formal hearing review with the Department of Motor Vehicles for our client. The Hearing Officer determined that there was insufficient evidence to support law enforcement officers had probable cause to believe our client was driving under the influence. Our client's license was never suspended. Experience Counts!