John Musca Law

Florida DUI Information By John Musca

Attorney John Musca points out Driving Under the Influence is a serious criminal offense in the State of Florida.  Consequences can include fines, suspension of driver’s license, or even jail time. Whether the police had enough evidence to justify a stop, detention, and arrest for a DUI is critical to any case. DUI defense attorneys at Musca Law concentrate on DUI and know the defenses that win. Our team is ready to take on your case and get the justice you deserve by providing an aggressive, proactive defense.

Upon arrest for DUI, or refusal to submit to a breath test, an individual’s license will be suspended. Their DUI citation acts as a temporary driver’s license. The State of Florida gives an individual charged with DUI 10 days to file the necessary paperwork to request a hearing from the Department of Safety and Motor Vehicles to challenge the suspension. Failure to request a hearing within that timeframe will result in an automatic suspension.

As a skilled and competent trial attorney, John Musca has obtained successful results in even the most challenging DUI arrests.  If you have been arrested in the State of Florida for a DUI contact Attorney John Musca.

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.

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.