DUI Defense
Criminal Defense Attorney Bruce Lehr Defending Those Arrested For DUI
The state of Florida has some of the strictest drunk driving laws in the nation, and the South Florida law enforcement community aggressively enforces them. If you've been arrested for Driving Under the Influence of alcohol or any related charges, you need to take your legal defense seriously. Criminal defense lawyer Bruce Lehr has over three decades of experience in trying drunk driving cases, which makes him the right choice to fight for your rights in any Miami or Broward County courtroom.
Bruce Lehr on DUI Investigations in FL
When law enforcement officers investigate an individual for DUI in Florida, they must follow a strict set of procedures. Any deviation from these requirements, can result in evidence being lost and the case being dismissed:
- The Stop – Police must have probable cause for the traffic stop. That means that they must witness a violation of the law, observe a pattern of driving consistent with intoxication, or catch you in a legally sanctioned DUI checkpoint. If there are mitigating circumstances, a traffic crash can also be used as probable cause to launch a DUI investigation in the state of Florida. Many of criminal defense attorney Bruce Lehr's cases have been won due to his ability to show that the traffic stop was unlawful.
- Physical Indicators – Law enforcement officers are required to note your appearance and actions when they approach you. These physical indicators include your stance, speech pattern, coordination, odor, how your eyes appear, et cetera. They must reflect their observations in the probable cause affidavit and articulate how they support their assumption that you were intoxicated. If they are remiss in detailing your physical indicators, Bruce Lehr may be able to attack the probable cause for the arrest.
- Field Sobriety Exercises – These are a voluntary set of tests that are used to determine your coordination. Investigating officers must explain that you are not required to perform the tests. The officer must explain and demonstrate the exercises before asking you to attempt them. In Florida, the exercises are:
- Walk and Turn
- One-Leg Stand
- Finger to Nose
- Horizontal Gaze Nystagmus (HGN) – This measures the smooth pursuit of your eyes as they follow an object, like the tip of a pen.
- Implied Consent – If the officer decides that you are intoxicated and arrests you for Drunk Driving, he or she must read the implied consent warning—usually from a prepared text. What this is is a reminder that you agreed to take a breath or urine blood alcohol content (BAC) test as a condition of receiving your license. If you refuse at the time of arrest, your license will be suspended for a year for a first offense and eighteen months for a second offense.
NOTE: The results of a Breathalizer or urine test will still result in a suspension of your license if your BAC is over .08, and the results can be used in a trial to convict you. It's often easier for a DUI defense lawyer to defend clients who refuse to provide a breath or urine sample.
- Blood Alcohol Content Test – Unless you refuse a BAC test, the police officer will drive to a police station or a blood alcohol testing center to conduct the measurement. He or she will observe you for twenty minutes before administering the test. If the officer suspects that you were impaired by drugs instead of alcohol, he or she may ask you to provide a urine sample. If you were at fault in a crash that resulted in an injury to someone else, by law, police officers can force you to give blood. This is performed by medical personnel or paramedics. If your BAC is above .08, you are considered to be DUI in the state of Florida.
DUI defense attorney Bruce Lehr will examine all phases of your DUI arrest. If the officers failed to perform any part of the above procedures to the exact standards of the law, will immediately move to suppress the evidence—often ending the case against you.