On January 23, 2009, the defendant did unlawfully drive and was in actual physical control of a vehicle while under the influence of alcoholic beverages. After the submission to a breathalyzer test, the defendant blew a .138, and was described as having a strong odor of alcohol and glassy eyes by the arresting officer.
However, research has shown that every police report generated after a DUI arrest indicates that there was "a strong odor of alcohol and that the suspect had glassy eyes." A good criminal defense attorney would point out that an officer would not know what the suspect's eyes would be like normally, or how they would speak with or without alcohol.
In addition, it is remarkable what little knowledge many police officers have when it comes to accurate breathalyzer testing. In recent studies conclusions have shown that three out of four people would fail a BAC at .05, even when not inebriated. Refusal to submit to a breath test leaves a weak case for the prosecution with only subjective findings.
The defendant at hand agreed to participate in a number of field sobriety exercises to include the breathalyzer, risking his freedoms to tests that were controlled by the arresting officer. After diligent negotiations by the Attorneys at Musca Law, the DUI charge was reduced, resulting in six months probation, with a possible termination after three months, and minimal fines.
Although, DUI, results in a large spectrum of implications in the State of Florida, Attorneys at Musca Law fought hard and were victorious in the defense of their client. Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.
