Florida DUI Law states

316.193 Driving under the influence; penalties.

(1)  A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a)  The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b)  The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c)  The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
When someone gets a driver’s license in Florida, they accept a number of terms and conditions whose consequences are not all the time immediately evident. One such Florida DUI law concept is “implied consent.”  The statement, “I hereby consent to any chemical test for sobriety as required by law” appears openly above your signature. Implied consent means that when a driver in Florida operates a vehicle on the roads by this action they are considered to have given advance permission to any law enforcement officer to stop them at any time while they are on their road and test them to see if they are under the influence of drugs or alcohol.

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West Palm Beach DUI Defense Lawyer

Driving under the influence is a serious offense in West Palm Beach, and it will not be ignored or taken lightly.  If an officer suspects you of drunk driving, he or she will pull you over immediately to test your blood alcohol concentration.  This will be done by means of a field sobriety test, blood test, breath test, or all three. If you are found driving with a BAC higher than .08% legal limit, then you will be arrested and taken into custody, where you will be booked on DUI charges. At this time, it’s crucial that you hire a skilled West Palm Beach DUI defense attorney who can defend you against your charges, as a conviction will lead to a number of penalties. Having a seasoned DUI lawyer help you fight your charges will increase your chances of avoiding a conviction and an array of penalties.
DUI Defense in West Palm Beach, Florida

There are many viable defenses available for fighting DUI charges. At Musca law, our team of talented West Palm Beach DUI defense lawyers is very familiar with multiple defense strategies that have proven to be effective in court. First and foremost we will determine if the arresting officer had probable cause to pull you over in the first place. To pull you over the officer needs to have reasonable cause to believe your driving is a danger to yourself or other drivers on the road.  Second, we will question whether or not the arresting officer administered the field sobriety tests appropriately. There are a numerous extenuating circumstances that could cause a driver to perform poorly on these tests that have nothing to do with being intoxicated, such as natural lack of coordination, weather conditions, fatigue, weight, height, type of footwear, pre-existing disability or injury, and more. Third, if you submitted to a breath or blood test, we can make sure the officer administered the test correctly, and that there were no errors or defects with the breathalyzer machine or in the blood lab.

All of the West Palm Beach DUI attorneys at Musca Law are highly skilled in using these and other defenses to combat DUI charges. If have recently been arrested for DUI, contact Musca Law, and let an experienced attorney on our staff help you avoid a conviction that could haunt you for years to come.
Contact a West Palm Beach DUI Defense Attorney

When it comes to DUI defense, there is nothing more important to us than making sure you are provided with the best—the best representation, the best attention, the best skills, the best resources, the best defense. We will sit down to discuss your case at length, explain your options, and answer any questions you may have. We do this because we strongly believe in keeping you informed and up-to-date throughout your entire case, in addition to providing you with stellar defense in the courtroom.  We promise to work hard to build the most convincing defense case possible by speaking with credible expert witnesses and collecting solid evidence.   We will not stop aggressively fighting your charges until a successful outcome as been achieved.

To set up a free consultation a with a West Palm Beach DUI lawyer at our firm, please contact us at 1-800-MUSCA-LAW.

FL DUI - Field Sobriety Tests

Provided By: John Musca - MuscaLaw.com - FL DUI Attorney

Before an officer arrests an individual for DUI, he or she needs probable cause to believe the driver is too intoxicated to safely operate a vehicle. One way of gauging a driver’s level of intoxication is by conducting one or more field sobriety tests.  Field sobriety tests challenge a driver’s physical coordination, mental alertness, and ability to follow instruction.  It is believed that if a driver has a blood alcohol concentration above .08% then he/she will not be able to pass the test, as the presence of too much alcohol or drugs in the body significantly impairs a driver’s mental and physical abilities.

Field sobriety tests are conducted on the side of the road or highway by where the driver was pulled over.  In Florida, drivers suspected of DUI are typically asked to perform the following three field sobriety tests:

* Horizontal Gaze Nystagmus: an officer will hold a small object several inches from the driver’s face and ask the driver to follow the object with his/her eyes. The officer will be looking to see if the driver can follow the object’s line of motion, and if his/her eyes twitch when the object moves to the side. Eye twitching is a sign of intoxication.  However, eye twitching (or “nystagmus” in medical jargon) is a condition that can affect people even if they haven’t had any alcohol.

* One-Leg Stand Test: the test starts with the driver standing straight with arms at the side. The officer will instruct the driver to raise one leg six inches of the ground and start counting out loud. The officer is looking to see if the driver can not only follow directions, but also maintain balance without hoping, wobbling, raising his/her arms, etc.

* Walk & Turn Test: the driver will take nine heel-to-toe steps in a straight line, turn, and then repeat the same action in the other direction. The officer is looking to see if the driver can walk in a straight line, as well as follow instructions.

Florida DUI Laws & Overview

DUI charges will be brought against anyone found driving or operating a motor vehicle with a blood alcohol concentration (BAC) of .08% or more.  In the state of Florida, it is illegal to drive with a BAC that reaches or exceeds .08%.  As soon as a police officer discovers that your BAC is .08% or higher, he or she will arrest you on DUI charges and take you back to the police station, where you will remain until you are released on bail or your own recognizance.  As soon as you are released from custody, you absolutely must contact an experienced West Palm Beach DUI lawyer.  The DUI process from here on out can be complex, and you want to make sure you have a skilled DUI defender protecting your rights and fighting your charges throughout the remainder of your case.

DUI Process

A DUI arrest will generate two separate legal processes: the criminal case and the hearing with Florida Department of Highway Safety and Motor Vehicles.   Many people are unaware there is a hearing to attend in addition to the criminal trial. If you have been charged with DUI, it’s very important to schedule this hearing with the DMV.  The hearing is your chance to fight to save your driver’s license, which will be suspended the moment you are arrested.  If you are successful at the hearing, your license will be returned. However, you only have 10 days from the date of your arrest to schedule this hearing. If you do not schedule your hearing within 10 days, you will lose your right to a hearing and your license will automatically be suspended.

In addition to the hearing, you will also be required to appear in criminal court. Your first appearance for your criminal case will be at an arraignment, where you will enter your plea of guilty, not guilty, or no contest. If you plea not guilty the judge will set a date for trial. At the trial, your defense attorney will argue your case against the state prosecutor who is trying to prove you are guilty. If you the jury finds you guilty, you will be charged with DUI. Upon conviction, the judge will sentence you to a number of penalties, such as driver’s license suspension, fines, community service, DUI classes, and possible time in jail. If the jury finds you not guilty, your charges will be dropped and you will be free go.

John Musca is A Florida DUI Attorney and His Law Firm Servers All Of Florida.

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John Musca of Musca Law

Whether you have been arrested on your first, second, third, or other drunk driving offense, an experienced DUI defense lawyer at Musca Law can advise you of your rights. Our attorneys’ 100 plus years of combined legal experience has enabled us to successfully resolve DUI charges for clients in Key West and throughout Monroe County. Let us put our experience and knowledge to work aggressively defending you and your rights.

Our lawyers are well versed in the Florida DUI laws and can effectively explain how a conviction may impact your life and future. We approach each case as a team, combining the skills and knowledge of our attorneys to ensure that we offer you representation that is tailored to suit the specifics of your case. If you have been arrested for or charged with driving under the influence in Monroe County, call our Key West office at (305) 292-8488.

Driving under the influence of drugs and/or alcohol is a serious offense and is taken seriously by law enforcement and our firm. We take the time to explain your situation and aggressively stand up for your rights regarding any misdemeanor or felony charges that may apply. We also represent clients charged with vehicular homicide Link to Traffic Offenses Page in connection with a drunk driving accident.

Working to Help you Keep Your Driver’s License

Your driver’s license is in jeopardy from the moment you are arrested on suspicion of DUI / drunk driving. Since our firm has handled numerous DUI / drunk driving cases for clients across Key West and the entire state of Florida, we have a full understand the repercussions that a DUI arrest and/or conviction can have on your driver’s license. If you do not file for an administrative review hearing within 10 days of your arrest, you will sustain an immediate driver’s license suspension.

John Musca - DUI Attorney

Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.

The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.

You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.

How Our Experienced Florida DUI Attorney Team Can Help

Our team of criminal defense attorneys has over 100 years of combined experience. We will investigate the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered.

We have the experience and understanding to represent you if you have been charged with an alcohol related offense. We are equipped to handle your criminal hearing as well as the formal administrative review hearing regarding the retention of your driving privileges.