July 27, 2018
The Fourth of July is a popular summer travel holiday in Florida and across the United States. You can bet, however, that in the days leading up to the holiday, as well as on the Fourth itself, heavy DUI enforcement will be underway. In order to be arrested and charged with a Florida DUI, a police officer must determine that your normal faculties are impaired. Alternatively, you can sustain a DUI charge or arrest if your blood alcohol level or breath alcohol level is 0.08 or higher.
A DUI arrest can be a very scary experience. Thankfully, however, you may be able to challenge a DUI charge or arrest on administrative, constitutional, or legal grounds. If you are arrested for DUI over the July 4 holiday, you should seek legal counsel as soon as possible. The St. Petersburg criminal defense lawyers at Khonsari Law Group are ready to help you defend your DUI charge.
Unlawful Traffic Stops
You may be able to challenge a DUI arrest or charge on the basis of an unlawful traffic stop. In order for an officer to stop your vehicle, he or she must reasonably suspect that you committed a traffic violation (for example, speeding or running a red traffic light) or must have probable cause that you committed a crime. However, you may be able to show that the officer stopped you mistakenly or did not have the necessary reasonable suspicion or probable cause to stop your vehicle. In that case, any DUI evidence obtained afterward may be suppressed.
Challenging Field Sobriety Tests
If an officer suspects that you have been drinking and driving, the officer may ask you to complete a field sobriety test. However, you may have a physical disability or impairment, such as bad knees or a bad back, which seriously impacts your ability to perform the test correctly.
Challenging Breathalyzer Evidence
Breathalyzer machines are not always properly maintained or kept in good working order. If you can demonstrate that the Breathalyzer machine used in your case was not working properly at the time the sample was taken, the results may be suppressed.
Beware of Making Spontaneous Statements
Contrary to what many people believe, a police officer is not required to read you your Miranda rights at the time he or she stops you for a traffic infraction. Rather, the officer is permitted to ask you common questions about where you were going to or coming from. Moreover, any information that you volunteer without being asked a question is fully admissible. Therefore, you should be extremely aware of what you volunteer—especially if you have been drinking. If an officer believes that your faculties are impaired, that alone is sufficient for him or her to arrest you for DUI.
Talk to a St. Petersburg, Florida, Criminal Defense Lawyer Today to Discuss Your Case
A DUI arrest or conviction can have serious legal ramifications. If you have been arrested for DUI, you should not delay in contacting the criminal defense lawyers at Khonsari Law Group.
To schedule a free consultation and case evaluation with a St. Petersburg, Florida criminal defense lawyer, please call us at (727) 269-5300, or contact us online.