DRIVING UNDER THE INFLUENCE (DUI)
Orlando criminal traffic crimes defense attorney David A. Faulkner represents individuals accused of a variety of state criminal traffic charges, including the charge of driving under the influence (DUI). Whether you are a tourist or a local resident, we can help you with your driving under the influence (DUI).
BASIC ELEMENTS OF DUI
To prove the crime of Driving Under the Influence, the State must prove the following two elements beyond reasonable doubt:
1. That the accused drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle the accused:
a. was under the influence of alcoholic beverages, a chemical substance or a controlled substance to the extent that his or her normal faculties were impaired or
b. had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
A Vehicle is any device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
Actual physical control of a vehicle means the accused must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time.
If a jury finds from the evidence that the accused had a blood or breath alcohol level of 0.05 or less, the jury must presume that the accused was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
If a jury finds from the evidence that the accused had a blood or breath alcohol level in excess of 0.05 but less than 0.08, then the jury may consider that evidence with other competent evidence in determining whether the accused was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
If the jury finds from the evidence that the accused had a blood or breath alcohol level of 0.08 or more, that evidence would be sufficient by itself to establish that the accused was under the influence of alcohol to the extent that his or her normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence demonstrating that the accused was not under the influence to the extent that his or her normal faculties were impaired.
These presumptions may be considered along with any other evidence presented in deciding whether the accused was under the influence of alcoholic beverages to the extent that hos or her normal faculties were impaired.
It is a defense to the charge of driving or being in actual physical control of a vehicle while under the influence if at the time of the alleged offense the vehicle was inoperable. However, it is not a defense if, while impaired, the accused drove or was in actual physical control of the vehicle before it became inoperable.
The offense of DUI can be enhanced (made more serious) if as a result of the DUI the accused caused serious bodily injury to victim. Serious bodily injury means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
DUI, which typically constitutes a misdemeanor offense, can also be enhanced to a felony if the accused has two prior DUI convictions. In that case, the DUI becomes a felony of the third degree.
MINIMUM PENALTIES
DUI offenses have certain minimum and maximum penalties that may apply. The folowing link with charts discusses some of those minimum and maximum penalties:
DUI Minimum and Maximum Penalties
DMV HEARINGS
If a person accused of a DUI had a breath or blood test over the legal limit, then in addition to facing various criminal penalties, the Department of Highway Safety and Motor Vehicles will seek to suspend the person's driver's license or driving privilege administratively. The law treats this additional suspension as a civil matter meant to protect the driving public rather than a criminal penalty. To contest such a suspension, the accused driver should request a formal review hearing. A formal review hearing is like a trial that is held before a DHSMV hearing officer. The accused driver has the right to subpoena witnesses, including the arresting law enforcement officer and associated agency personnel.
A formal review hearing must be requested within 10 days of the date the accused driver was arrested. Once the formal review hearing has been requested, the accused driver may be eligible for a temporary driving permit for business purposes only.
Orlando criminal traffic crimes defense attorney David A. Faulkner represents accused drivers in formal review hearings.
DEFENSES TO DUI
There are many grounds to contest to DUI. It is not illegal in the State of Florida to consume an alcoholic beverage and to drive a motor vehicle. It only becomes illega to drink and drive if the driver's normal faculties are impaired and/or if the driver's breath or blood alcohol level is over the legal limit.
In order for a breath or blood test to be used against an accused driver, the test must have been performed according to certain standards set by law. If the test was not performed in accordance with the standards set by law, then the test may be held to be invalid for use against the driver.
Law enforcement officers usually have DUI supects perform certain field sobriety exercises, such asthe one leg stand exercise, the walk-n-turn exercise (commonly known as walking a straight line), the finger-to-nose exercise and the alphabet exercise. The officer will typically record every small aspect of the exercises that are not performed exactly as instructed. DUI defense attorney David A. Faulkner often finds that law enforcement officers fail to note all of the many aspects of the exercises that the driver performed well. Further, law enforcement officers frequently incorrectly instruc the drive on how to perform the exercises, or may have the driver perform t exercses in poor conditions.
Attorney David A. Faulkner will carefully invetigate the facts of his client's DUI allegations. He works to identify msitakes made by law enforcement or where law enforcement have overlooked or ignored facts that support the driver's lack of impairment.
If you, a friend or a family member has questions about a driving under the influence (DUI) charge, then Orlando criminal traffic crimes defense attorney David A. Faulkner may be able to assit. Contact him today.