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.

John Musca on Xanax DUI Arrests Increasing in Florida

Criminal Defense Attorney John Musca cautions that prescription drugs should only be used by people to whom they are prescribed.  He finds it unfortunate that facts indicate driving under the influence of the prescription anti-anxiety drug Xanax and either alcohol, or marijuana, has increased substantially over the past decade in the State of Florida.  

One Florida county found that 177 DUI suspects had Xanax in their system last year, as compared to 1998 and only four DUI suspects were found to have the drug in their system. Officers in this county rank Xanax, cocaine, and marijuana as the most common drugs that suspects are found to be under the influence of during arrests. Ten years ago Xanax was prescribed to far fewer people and was not as readily available on the streets.

John Musca warns that Xanax and other prescription drugs can be a very dangerous combination with alcohol, or marijuana.  Xanax, generally known as Alazopam, is prescribed to treat panic disorders. While this drug is not as strong as methadone, or even as popular as some painkillers, Xanax has the effect of intensifying intoxication from alcohol. The combination of Xanax and alcohol could be as potent as three or more drinks. The pill can create a euphoric feeling within users, making it popular with people looking for a quick high. Last year 37.5 million prescriptions of Xanax were written. Xanax is easily available illegally and can be purchased for people with prescriptions, or from less reputable websites.

As an experienced DUI defense attorney, John Musca has handled thousands of Florida DUI cases and has definitely seen an increase in Xanax DUI arrests.  He feels it is important to create an awareness of the fact what might seem like one drink, may actually be equivalent to a couple or more when under the influence of a prescription drug like Xanax.

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.

Provided By John Musca Blog

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.