Driving under the Influence of Alcohol (DUI)
If your ability to drive is critical to your earning a living then "Don't Drink and Drive".
Driver's License and Administrative Suspension: If you have been arrested for D.U.I. you may have already realized that your Driver's License has been suspended, or will be suspended by the Department of Highway Safety, or sometimes referred to as the Department of Motor Vehicles, within 10 days of your arrest. This suspension occurs regardless of what happens to the criminal charge of D.U.I.. The Department of Highway Safety will suspend your Driver's License because either you refused to take a "Breath Test" or you did take a breath test and you registered an Unlawful Blood Alcohol Level (U.B.A.L) of .08% or higher. (.04% if a commercial license) The refusal to take a breath test will result in a suspension of your Driver's License (D/L) for 12 months for a first refusal and 18 months if this is the 2nd time you have refused a breath test. If you blew an UBAL level of .08% or higher your license will be suspended for 6 months. Even if you should qualify for a "Hardship License" for business purposes only, you will not be able to drive under this restrictive license for a period of 30 days for an U.B.A.L. and 90 days for refusing to take a breath test.
You can fight this suspension if you Petition for a Formal review Hearing with the Department within 10 days of your arrest.
Criminal Conviction for D.U.I.:
- Can lead to further suspension of your Driver's License.
- Impoundment/immobilization of your vehicle.
- Higher Insurance Premiums
- Community Service
- Court Costs
Between my time as a former prosecutor and as a criminal defense lawyer I have read several hundred D.U.I. arrest reports. And almost all of them are virtually the same. Does any of the following sound like your case.
At approximately 1:30 A.M. I noticed the suspect’s vehicle cross the center line. I began to follow said vehicle whereupon the said vehicle crossed the center line on 4 more occasions. I activated my lights in an effort stop the motor vehicle. The suspect did not notice my lights, so I sounded my siren. After the suspect finally stopped I approached the suspect’s driver side window, where I smelled the odor of an alcoholic beverage emanating from the driver’s breath. I noticed he had red glassy bloodshot eyes. When I asked for his Driver’s License, registration and proof of insurance he fumbled around and took several minutes to retrieve said items. When he spoke he had slurred speech.
I asked the Defendant to step out of the motor vehicle where he grabbed the door for balance as he was unsteady on his feet. I advised the suspect that I was conducting a criminal investigation for Driving Under the Influence. The first test was the walk and turn test. Where I asked the suspect to walk with his arms at his side and walk heel-to-toe for 9 steps and pivot and return 9 steps back heel-to-toe. The suspect began the test before I told him to proceed. I demonstrated the test for the suspect, yet the Suspect used his arms for balance and did not walk heel-to-toe. The next test was the Horizontal Gaze Nystagmus Test (HGN), where I asked the Defendant to follow my pen with his eyes without moving his head. There was a noticeable jerking in the suspect’s eyes before the onset of a 45 degree angle. The last test I conducted was the finger-to-nose test where I explained and demonstrated to the driver I wanted his feet together, head back, eyes closed and his arms stretched out to his sides. I would then instruct him to touch the tip of his nose with his left hand then his right. The Defendant failed to touch the tip of his nose, but touched the bridge and swayed side to side. The suspect also kept on opening his eyes during this test.
It should be noted that these roadside sobriety tests were conducted on a level surface and it was well-lighted.
I instructed the Defendant he was under arrest for D.U.I. I placed the suspect in my motor vehicle where we proceeded to the B.A.T to request a Breath Test.
If any or all of this sounds familiar please call me, Attorney Steven Logan at (561) 791-1882 for your D.U.I. defense.