Man Arrested on 2nd Dui, Blows .233 And .223, Nearly Three times the Legal Limit

The Charges

An off-duty, uninformed MDPD officer in an unmarked car and not within his jurisdiction observed our client allegedly battering his girlfriend inside his vehicle. He approached, detected the odor of alcohol, and had the garage security call the Coral Gables Police Department to respond. The responding officer noticed bloodshot, watery eyes, and a strong odor of alcohol. Our client admitted to drinking alcohol, performed poorly on the Field Sobriety Exercises and was arrested for Driving under the influence. Subsequently, a breath sample was provided which read .211, .233, and .223 (almost three times the legal limit).

Field Sobriety Tests in Florida

Field sobriety tests are done in Florida by law officials in order to determine if someone is under the influence of drugs or alcohol. While it may appear that if you are pulled over, you are obligated to do them, you are not. You can politely refuse. The officer can not force you in any way to take the test. 

These tests are designed to make everyone fail. In fact, police officers have even failed them. 

Field sobriety tests do not take into consideration various factors that are important when calculating results. The age of the person will matter, as well as what the conditions are like outside. If the pavement is wet, it could be slick, which may cause a person to perform poorly. Or if the road is gravel, it could be uneven. This may leave some people looking like they are walking unevenly, thus often resulting in a DUI charge. 

And police officers never take into consideration medical conditions. People that have injured a body part, such as a knee, ankle, or back may walk like they are drunk. 

Another thing to consider is that police officers will give the instructions and then expect you to do the exercise just like that. They do not consider the fact that you may be nervous so therefore your hearing may not be the best. Some people also get easily confused when they are under pressure like this. 

Musca Law Firm

At Musca Law Firm, we have the experience to fight your case. In fact, we have 150+ years of collective experience between all our attorneys. We have handled many DUI cases, as well as other criminal charges. If you have been charged with a DUI, we want to hear from you. 

We will provide you with a defense that is strong. It will expose the weaknesses of the prosecution. Our number one desire is to find a favorable outcome for you. 

Please call us today 24/7 to set up your free consultation. 

RESULT: The off-duty police officer who initiated the “stop” attended and testified. The arresting officer (who also did the breath test) failed to attend and failed to provide just cause for his failure to attend. We kept our client supplied with a driving permit from the date of arrest until the hearing of almost five months. He is now eligible to regain full driving privileges.