John 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.

Musca Law Firm Overview - John Musca
South/Southwest/Southeast Florida Criminal Trial Lawyers
With nine convenient locations throughout south, southwest and southeast Florida, the criminal trial lawyers at Musca Law defend individuals throughout south Florida charged with a crime. Whether you need a Collier County DUI attorney or Naples drug violations defense lawyers, we can help.
We handle all criminal matters ranging from traffic offenses and DUI to theft crimes, sex crimes, and juvenile offenses. Whether you are being charged with a felony or misdemeanor, our attorneys have the experience to provide you with the aggressive, quality defense you want.
The Musca Law Team Approach
We understand the fear and apprehension you feel. We know the prospect of losing your freedom can be overwhelming. That is why we developed a team approach to representing our clients.
Our team approach has earned us an excellent reputation among our peers, prosecutors, and judges throughout south Florida. By pulling from the strengths of each team member, we are able to present an aggressive defense on your behalf.
Our focus is on you. We maintain extended hours and are available for evening and weekend appointments. When you hire us, you will have a team of experienced criminal trial lawyers in your corner. Our experienced team of criminal defense lawyers has over 100 years of combined criminal defense experience.
The Musca Law Philosophy
Our philosophy is two-fold: First, provide an aggressive criminal defense that includes attention to detail, focusing on the strengths of your case, and exploiting the weaknesses in the prosecution’s case. We make evidentiary challenges when appropriate and hold the prosecution to their burden of proof. Second, we provide you with a high level of personal service that includes proactively providing you with information regarding the status of your case.
Regardless of your situation, whether you have a pending warrant for your arrest or have been formally charged with a crime, you need to contact our experienced criminal defense team to fight for and protect your legal rights. The consultation is free. Your freedom is too important. Experience DOES matter.

Visit our main website today: muscalaw.com

John Musca has devoted his legal career to criminal defense.  He decided to open his own comprehensive criminal defense firm in 2001 after serving as a Public Defender in the 20^th Judicial Circuit of Florida.  His practice has grown tremendously, now operating nine offices throughout the state with plans to ultimately offer full-service criminal defense to all of Florida.  Mr. Musca is committed to offering outstanding service to his clients and attributes the success of his law practice to the satisfaction of his clients and the diligence of the Florida criminal defense lawyers in the office.  He describes his work as a criminal defense attorney as his passion, rather than just his job.

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