An arrest for driving under the influence (DUI) carries serious consequences, including the loss of your license, fines, jail time and increased insurance premiums. To limit the potential damage, you need an experienced trial lawyer who knows how to challenge police procedures and can introduce reasonable doubt about the evidence against you. Tucker Mitnik, P.A. has provided aggressive advocacy for accused parties for more than 30 years. We understand that you’ve already been through a harrowing experience, and we work diligently to mitigate the harm done by your arrest and get you through the legal process.
Florida uses chemical tests of breath, urine or blood to establish whether your blood alcohol content (BAC) exceeds the legal limit. Florida DUI levels are:
For all drivers, a BAC of .15 percent or higher carries more severe penalties than a standard DUI.
If a police officer pulls you over on suspicion of DUI — or for any other legitimate reason that leads to suspicion of DUI — that officer can request that you take a field sobriety test. The test involves a series of physical or cognitive tasks designed to determine whether the officer has probable cause to arrest you. The officer should record the test with a dashboard camera, and the video record becomes evidence in any procedure against you.
There is no law that compels you to take the test. Drivers who feel the officer is acting without reasonable suspicion may refuse on principle. However, if you refuse to take the test, the officer is likely to arrest you. Your refusal becomes part of the record and can be used as evidence against you. Of course, performing badly on the test will create a video record you’ll wish did not exist.
Florida has an implied consent law, which means that anyone who drives within the state must take a chemical test if arrested for DUI. The penalty for refusing a breath, blood or urine test is the automatic suspension of your driver license. So, if you take a chemical test and fail, what are your options?
The laws that allow for chemical testing also impose strict standards for administering them. That gives an experienced criminal law attorney a variety of ways to challenge forensic evidence:
If your attorney can demonstrate that the chemical evidence against you is unreliable, the case against you becomes substantially weaker. The circumstances of your arrest and your previous driving record may allow your attorney to argue for the lesser charge of reckless driving with alcohol, also known as “wet reckless.” Tucker Mitnik brings more than 30 years of courtroom experience to every case it undertakes. We’re committed to exploring every available avenue to resolve your case favorably.
Tucker Mitnik, P.A. fights to protect your license, your liberty and your reputation. If you’ve been arrested for DUI in Melbourne, talk to an experienced criminal trial lawyer. To schedule your consultation, call 321-392-5239 or contact our Melbourne office online.