Experienced Florida DUI Attorney
At the law offices of criminal defense attorney John P. Guidry II, we understand that people make mistakes. And sometimes, doing the right thing can still get you in trouble. Such is the case when Orlando citizens found sleeping in their shut down car are awoken by law enforcement and consequently arrested for "driving" under the influence due to vague notions of what constitutes being in actual physical control of a vehicle (is anyone in control of anything while they're asleep?) Yes, doing the right thing can get you arrested.
We understand the serious nature of a DUI charge and are committed to providing clients with a highly skilled criminal defense. For those charge with a first time DUI, there are programs available in some counties that can lead to the complete dismissal of all charges. This program is known as DUI diversion. To discuss this option and others, contact our Orlando law firm for a free consultation.
If you have been arrested for DUI, the clock is ticking from the moment of your arrest
If have been arrested for drunk driving, you need to act quickly to protect your rights. In Florida, the DMV can suspend your license and impose other driving restrictions before you ever step into a courtroom. From the time of your arrest, you only have ten days to appeal the DMV's suspension. We can help you appeal the suspension or we can help you apply for a "hardship license" if the time for an appeal has expired. And, even if there's already a conviction for DUI, you may still be eligible for a hardship license after the DUI conviction, depending upon the circumstances. Even permanent license revocations now have a path towards reinstatement under new Florida laws.
Remember that, often times, a DUI is a crime supported only by an officers opinion. Sure, the government attempts to bolster the officer's opinion thru use of Intoxilizer 5000 or 8000 results, but typically you have been arrested before blowing into the Intoxilizer machine because the officer's opinion is that you are impaired beyond the legal limit. Sometimes the only way to "test" an officer's opinion is to take the DUI case to trial. Let the citizens know all the facts, especially regarding opinion testimony regarding results of so called Field Sobriety Exercises.
Of course, once you've blown into an Intoxilizer machine, more issues for your criminal defense need to be answered before these results are admitted into evidence. For example, was the machine calibrated properly, and working accurately at the time the driver took the breath test? It is possible that a perfectly sober driver can blow a .15% (or higher) breath test, but how? Another common scenario is the driver that blows a 0.00. See my article entitled "I Blew a 0.00 and Still Got a DUI Charge?"
Whenever an Intoxilizer machine is presented as evidence, this machine works by analyzing very small, microscopic amounts of alcohol, thus every aspect of the machine and breath sample must be done with high precision, as it takes only a small variance in the machine or sample to cause a huge variance in results.
To add insult to injury on the opinion driven DUI charge, often times the state will attempt to introduce the results of various tests given by the officer at the roadside. These tests are commonly referred to as Field Sobriety Tests (FST's). The test that sounds the most scientific is probably the most ridiculous, it's known as the Horizontal Gaze Nystagmus (HGN) test, and it attempts to measure blood alcohol levels via the involuntary jerking of the eyeball when forced to move at certain angles. For those drivers with bad knees, a bad back, or any number of other physical problems, get ready for gym class style antics with FST's known as the Walk and Turn test, and the One Legged Stand. And yes, it's true, most people cannot do these tests regardless of their blood alcohol level. But, that doesn't stop a trained sheriff's deputy from claiming that all sober people should be able to "pass" these exercises (they don't like to call them "tests", yet they still "grade" folks just like they're being tested...hum..).
If you have been arrested for DUI and are now facing criminal charges, you need an attorney who will aggressively defend you against these charges in and out of court. We will explore every possible defense. We question if the officer had reasonable suspicion to stop you. Where the proper testing procedures followed? At the law offices of John P. Guidry, our clients know that they have an experienced DUI lawyer on their side.
If you have been arrested for DUI, contact an experienced criminal defense lawyer at the law offices of John P. Guidry for a free initial consultation. We can be reached by telephone, email, or by simply filling out the contact form. Thanks.
Aggressive, quality representation since 1993