Martin Mestas

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Driving under the Influence in Florida : More about

The offender's driver's license will automatically be suspended if the DUI or DWI arrest involved a refusal to take a BAC test (breathalyzer or blood test), regardless of the outcome of the DUI case. It is highly recommended that you hire an attorney http://leppardlaw.com/ who is experienced in this type of case to defend you. You could potentially have your case dismissed, involved process and hence with the legal knowledge and negotiation skills possessed by a qualified attorney. After as little as ninety days most first time offenders will be able to get their driving privileges restored. There are two charges, when a prosecutor charges a person with driving under the influence, one alleging “per se” DUI and another based on impairment. A prosecutor must show the driver had a blood or breath alcohol concentration (BAC) of .08% or more to prove a per se DUI.

What constitutes impairment?

When you are impaired by alcohol or drugs it is only a crime to drive. Proving an impairment DUI requires evidence that the driver was affected by the alcohol or drugs ingested. It is NOT a crime to merely "drink and drive" in the state of Florida is what many people don’t know about. The law requires that certain procedures must be followed correctly most people know that DUI stands for "Driving under the Influence." A prosecutor has a strict burden to meet to prove your guilt. The prosecution must prove each element in order to get a conviction. A prosecutor must show that a person was driving or in actual physical control of a vehicle in order to successfully prove the crime of Driving under the Influence in Florida.

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