At the Law Offices of Mark L. Horwitz, P.A., we have more than 30 years of criminal defense experience in Florida. Our Orlando failed breathalyzer defense attorneys have experience regarding the DUI penalties and processes in Florida. We can help you if you are facing DUI charges for the first time or if you already have multiple convictions on your record. We will also represent college students charged with underage DUI.
How Criminal DUI Is Determined in Florida
In Florida, a person is considered driving under the influence if the person is in control of a vehicle while under the influence of alcohol or any other chemical substance to the extent that the person's normal faculties are impaired, or if the person's blood-alcohol/breath-alcohol level is .08 or higher.
Roadside Sobriety Tests
A common practice for police suspecting someone of driving under the influence is to conduct roadside sobriety tests. Most people are at least somewhat familiar with these tests, which include:
- The walk and turn
- The horizontal gaze nystagmus
- The one-legged stand
Police officers administer these tests to determine whether the people they pull over are intoxicated. There are many problems with these tests. First, these can be difficult tests for some people. Many people would fail even without a drop of alcohol. Second, in many instances, these tests are conducted in less-than-favorable conditions like wind or rain storms, on hills, and in traffic jams.
Blood-alcohol Tests / Breathalyzers
Another way that DUI can be established in Florida is by showing that the levels of alcohol in the driver's blood or breath was .08 or higher at the time that the person was driving. The scientific devices being used in Florida to establish this level of alcoholic impairment have come under fire in recent years. The Breathalyzer 800, in particular, is under attack by Florida courts. In a recent 2010 decision, a Florida court has started requiring proof of the Breathalyzer's accuracy for its findings to be admissible in court.
Drivers' License Defense
If you are charged with DUI, you will have to face not only the criminal justice system, but also the Florida Department of Motor Vehicles (DMV). Without prompt and proper action after a DUI arrest, you could lose your license long-term. We help clients through the administrative process of fighting for your right to drive, which is a process completely separate from the criminal court process.
Florida DUI Defense Attorney ∙ 866-784-0023
If you have been charged with DUI, talk with one of our attorneys to learn more about your rights and options, as well as the timelines that you will need to follow in order to maintain your right to drive. Call our Orlando law firm office — serving clients in Orlando, Tampa and throughout central Florida — or contact us online to schedule a consultation with a lawyer from our firm.
