DUI’s are complicated highly technical cases. There is no standard Driving Under the Influence case, everyone is different and particular to the Defendant charged. For a DUI, the State of Florida must establish that a Defendant was:
Operating a Motor Vehicle + While Under the Influence of Alcohol (Or Intoxicants) + To the Extent their normal faculties are impaired.
That means the Police must be able to identify you as the driver, identify that you are under the influence of alcohol or an intoxicant and that you are impaired.
This firm looks at DUI’s from the perspective that evidence is not good or bad, it is just evidence. DUI’s, in particular, need to be looked at in this way because evidence of guilt is often times evidence of non-guilt.
If one fails all the roadside exercises for example. Does that mean the person is intoxicated? Or does the fact that a person was able to follow directions exactly and complete a list of activities they have probably never done before, on the side of the road, in the middle of the night in front of a police officer who is conducting a criminal investigation is evidence of guilt. That is evidence of a coherent person capable of understanding instructions and complying with an officers instructions, that doesn’t suggest drunk. This is the nature of DUI, the evidence might not be bad at all.
Experience means everything in DUI’s. Don’t make a decision on your DUI unless you have an experienced attorney review with you what your case really looks like. There is a way to go to trial on these cases and win – regardless of how bad you suspect the facts are.