Speeding Motorcyclist Charged with DUI; License Suspended by DMV

The Charges

Police initiated a traffic stop on a motorcyclist traveling 70 mph in a 45 mph zone. The Driver exhibited slurred speech, watery eyes, and smelled of alcohol. The Driver admitted to drinking beer at Hooters prior to the stop. The Defendant failed Field Sobriety Testing and agreed to submit to a Breathalyzer Test. The Defendant blew .178% and .175%; twice the legal limit of .08%. The Department of Highway Safety and Motor Vehicles suspended the Defendant’s license.

Field Sobriety Tests

Field sobriety tests are given to individuals that have been suspected of driving under the influence. In Florida, there are three main tests that are given.

The Walk and Turn Test: In this test, the individual must walk heel to toe, taking nine steps in total. They must walk in a straight line. Officers will look to see if there are any signs of the following impairments:

• Not being able to keep balance while listening to the instructions
• Beginning before the instructions are finished
• Stopping while walking to regain balance
• Not touching heel-to-toe
• Stepping off the line
• Using arms to balance
• Making an improper turn
• Taking an incorrect number of steps

One Leg Stand Test: In this exercise, the individual stands on one foot with the other foot 6 inches off the ground. They must count out loud by one thousand until the officer tells them to stop. The officers will look to see if the individual shows any of the following impairments:

• Swaying while balancing
• Using arms to balance
• Hopping to maintain balance
• Putting the foot down

Horizontal Gaze Nystagmus Test: In this exercise, a police officer uses an object such as a flashlight to have the individual follow it with their eyes. The police officer looks for the following signs of impairment:

• Lack of smooth pursuit while tracking the object
• The distinct nystagmus of maximum deviation
• The onset of nystagmus prior to 45 degrees

Musca Law Firm

If you have been pulled over for a DUI and failed your field sobriety tests or your breathalyzer, you need to seek legal representation. Please call Musca Law Firm at (888) 484-5057 to schedule a free initial consultation.  

Our attorneys have over 150 years of combined legal experience. Our firm has various offices located in different cities across the state of Florida, such as Orlando, Naples, New Port Richey, Daytona Beach, Fort Myers, Boca Raton, Fort Lauderdale, and many others. We serve all of Florida for the geographical convenience of our clients. We have a 24-hour answering service, as we know that it is important to reach us when the need arises. Please call us today so we can get started on developing a defense for your case. We look forward to serving you!

RESULT: The Musca Law Defense Attorney requested a Formal Administrative Review Hearing with the Department of Motor Vehicles on behalf of the Client. The Attorney subpoenaed the testimony of the arresting Officer who had administered the Field Sobriety Testing, as well as the Breathalyzer Technician. The Attorney proved inconsistencies in the Officers’ statements. The Hearing Officer ruled in the Defense’s favor and REINSTATED the Client’s license!