7 Things Prosecutors Look for in Florida DUI Cases

 

Driving under the influence (DUI) is a grave offense in Pensacola, Escambia County. As such, prosecutors take DUI cases seriously, evaluating several factors to build a strong case against the accused. Here are seven primary factors that prosecutors examine:

  1. Blood Alcohol Content (BAC) levels at the time of arrest
  2. Presence of drugs or other intoxicants
  3. Erratic driving patterns or behavior leading to the stop
  4. Field sobriety test results
  5. Prior DUI convictions or driving-related offenses
  6. Presence of minors in the vehicle at the time
  7. Refusal to submit to BAC testing

 

Analyzing Blood Alcohol Content (BAC) Levels

In Florida, the legal limit for BAC is 0.08%. When a driver is arrested for suspected DUI, their BAC level is critical evidence for prosecutors. A high BAC, especially levels well over the legal limit, can be damning evidence against the accused.

• They rely on Florida Statutes §316.193 which defines DUI offenses.

• A higher BAC can increase penalties or result in aggravated DUI charges.

Presence of Drugs or Other Intoxicants

Apart from alcohol, the presence of drugs—whether legal prescription medications, over-the-counter drugs, or illegal substances—can impact a driver's ability to operate a vehicle safely. Prosecutors will look for any evidence of drug consumption.

• This aligns with Florida's Comprehensive Drug Abuse Prevention and Control Act.

• Drug recognition experts may be called to testify regarding the effects of particular substances on driving.

Observing Erratic Driving Patterns

The reason for the traffic stop often plays a pivotal role in DUI cases. Swerving, speeding, driving too slowly, or other erratic behaviors can suggest impairment.

• Police officers are trained to identify these patterns and will note them in their reports.

• Dashcam footage may be used as evidence to show erratic driving.

Reviewing Field Sobriety Test Results

Field sobriety tests are a series of physical and cognitive tasks police use to assess a driver's impairment. Failure or poor performance on these tests can be indicative of impairment.

• Common tests include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand.

• The results provide tangible evidence of a driver's physical and mental state.

Investigating Prior DUI Convictions

A driver's past can influence the current case. Prior DUI convictions or other driving-related offenses can paint a picture of a habitual offender.

• The Florida Department of Highway Safety and Motor Vehicles records driving histories.

• Prior convictions can lead to heightened charges or increased penalties.

Assessing the Presence of Minors in the Vehicle

Driving under the influence with a minor in the vehicle is seen as an aggravating factor. Prosecutors may press more severe charges or seek sterner penalties when children are involved.

• The safety and welfare of minors are paramount in the eyes of the law.

• The presence of minors can lead to additional charges, such as child endangerment.

Checking Refusal to Submit to BAC Testing

In Florida, refusing to take a breathalyzer or other BAC test after a DUI stop can lead to immediate penalties. Prosecutors can use this refusal as evidence of guilt.

• Florida's implied consent law mandates that drivers comply with BAC testing.

• Refusal can result in license suspension and be used as court evidence.

Hypothetical Case

Imagine Jane, a Pensacola resident, driving home after a party. She swerves across lanes multiple times, prompting a police officer to pull her over. The officer observes her bloodshot eyes and slurred speech. Jane undergoes field sobriety tests and struggles with them. A breathalyzer reveals a BAC of 0.11%. To make matters worse, her 15-year-old nephew is in the back seat, and she has a prior DUI from five years ago. In this case, the prosecutor would have multiple factors working against Jane, from her BAC, erratic driving, the minor's presence, and her prior DUI.

Key Takeaways

Understanding what prosecutors examine in DUI cases can help individuals be better informed about their situation:

• BAC levels play a pivotal role in DUI cases.

• Any presence of drugs can aggravate charges.

• The reason for the stop and field sobriety test results are vital.

• Prior convictions and the presence of minors in the vehicle can lead to increased penalties.

• Refusal to undergo BAC testing can work against the defendant.

How Cromey Law Can Assist You

At Cromey Law, we recognize the complexities of DUI cases. Our dedication lies in offering tailored solutions by understanding each client's unique circumstances. We aim to navigate the challenging landscape of DUI charges, ensuring your rights and interests remain safeguarded. Contact our experienced team to learn how we can support you in these trying times. Connect with Cromey Law now.

FAQs

  1. What's the difference between DUI and DWI in Florida? In Florida, the term "Driving Under the Influence" (DUI) is used, which covers impairment by both alcohol and drugs. Some states use DWI (Driving While Intoxicated) interchangeably, but DUI is the primary term in Florida.
  2. Can I challenge my DUI arrest in Pensacola? Absolutely. There are multiple grounds on which a DUI arrest can be challenged, from questioning the legality of the traffic stop to the accuracy of BAC tests.
  3. Does Florida offer any DUI diversion programs? Yes, certain counties in Florida offer DUI diversion programs for first-time offenders. These programs might include alcohol education, community service, and other conditions.
  4. What if I'm a tourist or non-resident arrested for DUI in Pensacola? Non-residents arrested for DUI in Pensacola are subject to the same laws as residents. Hiring a local attorney familiar with the Pensacola legal system is crucial.
  5. How soon should I contact an attorney after a DUI arrest? It's recommended to contact an attorney as quickly as possible after a DUI arrest to understand your rights and options and to build a strong defense strategy.

Disclaimer: Cromey Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. Cromey Law assumes no responsibility for any errors or omissions in this article. Cromey Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [850.483.1689] if you have any questions or require legal assistance.

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