Have You Been Arrested ON A DUI Charge? If So Learn A Little About Florida DUI Defense

If you’ve been recently arrested on a drunk driving charge, hopefully you didn’t blab too much once you were taken in by the police. You see, more than likely you were on camera the entire time. While you may have thought you were really tough, and you told the cop the old “what for”, you could have screwed up your case pretty bad.

So if your first line of defense is to keep your mouth shut. Although alcohol acts somewhat as an anti-be quiet toxin, if at all possible be very nice and shut up. Then when you have the time, call a good Fort Lauderdale DUI Attorney. Chances are you’re going to need one.

Don’t worry, once your arrest hits the wire, you will undoubtedly be contacted by a veritable slew of attorneys seeking to represent you. These lawyers are falling all over themselves to get you to call because DUI defense is big bucks. Are you sitting down? Well be prepared to be looking at a retainer in excess of $3,000.00 to get a competent legal firm to take your case.

One of those companies that you most surely get a letter or brochure from is the Ticket Clinic. With offices just about everywhere in the State of Florida, it’s likely they will be one of the DUI attorneys that will be contacting you.

DUI defense is not cheap so you may want to know what you get for your hard earned money. In this article, which we will continue to update, we’re going to go over some pretty basic DUI defenseinformation. This information is not designed to take the place of a competent Fort Lauderdale DUI Attorney but rather to give you a background on what will be going on in your case.

You see these dui attorneys aren’t the most communicative bunch you’d ever seen…except when the need a check from you. So you’d better know what’s going on and just what questions you should be asking someone about your case.

Let’s start by talking about your blood alcohol content or BAC. In other words, what did you blow? The following is a list of several things that have been argued to effect ones blood alcohol level. The success of each issue from a defense standpoint depends on the facts and circumstances of each particular case. For more information about any of the information listed below, contact an experienced DUI lawyer in Fort Lauderdale.

Factors to consider -Ingested alcohol absorbs at a slower pace in the stomach than the small intestine. The length of time alcohol remains in the stomach depends on the beverage consumed, presence of food, biological factors and stress. When alcohol lingers in the stomach, intoxication is less likely to occur because the enzymes and bacteria continuously metabolize alcohol before it is absorbed into the bloodstream.

Alcohol Content-There are numerous factors that affect BAC levels. The most obvious is alcohol potency. To calculate the percentage of alcohol, divide the alcohol proof by 2. Many people underestimate BAC levels because they consume beverages with a higher alcohol content.

Alcohol Ingested-Another distortion is the amount of alcohol, in a drink, especially mixed drinks, which frequently contain more than one shot of booze. In addition, the size of the drink can affect estimated BAC levels. Using mugs of beer, a large wine glass, or an oversized shot glass can mislead drinkers into consuming more alcohol than expected.

Food Consumption-When estimating BAC levels, consider the amount of food consumed and the time between eating and drinking. This will impact the speed at which alcohol is absorbed into the bloodstream. Alcohol consumed during or after a meal will absorb into the bloodstream at a slower pace; conversely, drinking on an empty stomach leads to rapid alcohol absorption.

Drinking Pattern-Individual drinking patterns significantly impact BAC levels. Drinking at a constant pace over time will generally result in a more predictable BAC. For example, drinking two beers per hour for five hours will create a lower BAC than guzzling a pitcher of beer one hour before a chemical test. The rapid consumption of alcohol can skyrocket BAC levels. Consequently, waiting several hours after the consumption of alcohol is better than constant drinking up to the time of driving.

In rare instances, however, binge drinking can be advantageous. For example, if a chemical test is performed immediately after the rapid consumption of alcohol, the BAC result will be relatively low because the alcohol did not have time to absorb into the bloodstream. Obviously, the amount of alcohol consumed will impact BAC levels, but do not discount the importance of monitoring individual drinking patterns.

Biological Factors-BAC levels are affected by biological influences, such as metabolism, alcohol absorption, and sleep deprivation. These biological factors are silent variables in the BAC equation, and therefore impossible to predict and equally impossible to estimate. Only experience can best answer this question. Attempt to monitor the amount of alcohol consumed and how it impacts your faculties. Although not a precise science, it offers one more safeguard before drinking and driving.

Carbonated Beverages-BAC levels are influenced by beverage carbonation, which accelerates alcohol absorption rates. In other words, a whiskey-sour mixed drink will absorb faster than vodka and orange juice. Strategy: Mix alcohol with water or fruit juices to stabilize BAC levels.

Drugs and Medication-Always remember the impact of mixing alcohol and drugs, whether illegal, prescription or over-the-counter. It is unlawful to operate a motor vehicle after consuming alcohol and drugs if it impairs driving abilities, and only in remote circumstances will the law create an exception to this general rule. Consult a pharmacist to determine whether mixing alcohol and medications will cause driving impairment.

Did You Know That You Can Actually Beat The Breath Machine And That Many Breath Tests Are Often Completed In Error Or Illegally Obtained

One of the most frequent questions that we get is “Can you beat a DUI if you blow above XX in the breath machine?” The simplest answer is “yes” the breath machine can be beaten for your DUI defense.

Check out our article about the Intoxilyzer® 8000 being challenged. It’s about time people have begun to realize that these machines are not absolute in their findings. Here are some questions that you could be asking that will lead you to be better informed and better ready to work with your attorney in your overall DUI defense.

The answers to these questions will also speak to there admissibility in a Court of law:

• Did the officer observe you for a period of 20 minutes prior to taking the breath test?
• Did the officer tell you to “keep blowing” during the breath test?
• Did the police officer have his/her radio on during the breath test?
• Was the initial stop by the officer unlawful?
• Was the arrest by the officer unlawful?
• Was the machine properly calibrated?
• Were you absorbing alcohol or eliminating alcohol at the time of the stop?
• Did you finish drinking just prior to being pulled over?

You see, there a lot of variables here. So if you keep your cool and not scream at the arresting officer, then there’s a good chance that the only thing stopping you from being found not guilty would be this machine.

You Need To Create A Strong And Compelling Case To Prove Your Innocence

That sounds a bit backwards doesn’t it. I mean in this Country it’s supposed to be the other way around. But the prosectution’s case in a DUI case is often proved in advance by the violator.

Yes, you are your own worse enemy. Your usually caught red handed, you habd over all of the evidence against you and then have to work backwards undoing the crime.

Imagine someone committing murder, taking a video of the murder, handing over the murder weapon, and giving blood and dna at the scene. Well in essence that’s what happens in a DUI case. Your Fort Lauderdale DUI attorney is going to have to work that much harder because the prosecution already has enough evidence to put you away.

So what has to be done is the evidence must be attacked. So a lawyer has to begin to pull back the onion skin on the State Attorney’s case against you. During the course of a DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your Florida DUI defense case. What many people refer to as a “technicality” or “loophole” with your DUI defense case, is actually a way of using the constitution to protect your rights.

The following is a list of questions which can dramatically impact the outcome of your Florida DUI defense case. If you answer yes to any one of them, then make sure your attorney knows this as soon as possible:

• Did the officer tell you that your license would automatically be suspended if you refused a breath test?
• Did the officer fail to tell you that you had the right to a lawyer before taking any roadside tests?
• Did a police officer tell you to “keep blowing” during the breath test?
• Were you stopped for any of the following reasons: Speeding, Weaving, Failure to Maintain a Single Lane, Obstruction of Traffic?
• Do you suffer from any injuries or illnesses which might affect your balance?
• Were you involved in an accident in which you suffered any injuries?
• Did the officer mistake nervousness or exhaustion for intoxication?
• Were roadside sobriety tests conducted on a surface that was not flat, dry and well-lit?
• Did the officer fail to observe you for 20 minutes immediately prior to the breath test?

In the coming weeks we are going to examin actual DUI defense tactics and strategies. Hopefully you can see that your defense begins from the moment you get pulled over. This article and other articles on this site should be looked at as ways and methods of understanding the seriousness of your alleged crime.

If there is anything that we can highly recommend it is that you understand what you are now up against and to communicate with your attorney in an ongoing basis.

The relationship between lawyer and client is based upon complete trust. That trust is built up through clear and unambiguous communication. The lawyer must be accessible. Don’t stand for anything less. Your freedom is at stake here.

You want to look for a dui attorney who understands that it is very important that their clients know they can reach their attorney easily when they need to. It is important that clients are aware at all times of what exactly in going on in their case. If you ask your lawyer a question and you walk away not feeling comfortable about the answer or if you feel uncomfortable even asking your lawyer a question because you are afraid, then the lawyer is NOT doing his job!

Lawyers will give unclear or evasive answers because they feel that they can get away with it. An evasive or unclear answer means two things. The lawyer does not know the correct answer to your question or the lawyer is disguising the fact that no work has been done on your case.

Ask questions of your Fort Lauderdale DUI attorney and participate actively in your Florida DUI defense.

Florida DUI & DWI Laws & Enforcement – DMV Guide Find out Florida’s DUI & DWI laws and the consequences of intoxicated driving. … Call for DUI, Theft, Drug Charge and Criminal Defense. …

You might also be interested in:

• The Reality Of Being Charged With Drunk Driving
• What Happens After You Get Arrested For A DUI
• Are Roadside Sobriety Checkpoints Legal?
• Driving Under The Influence: The DUI Experience
• Can’t Find Your Loved One? Maybe They Got Arrested On A DUI Charge
• How Accurate Are Those Breathalyzers?
• State of New Jersey v. Marquez: Important Implied Consent Law Decision Issued July 12, 2010
• Corey Dillon Pleads Not Guilty to Multiple DUI Charges
• Before You Hire The Ticket Clinic You Need To Read This!
• The Super Bowl And DUI Arrests

Tags: beat dui, Blood alcohol content, Breathalyzer, Driving under the influence, dui, dui defense, dui penalties, Fort Lauderdale DUI Attorney