If the defendant refuses to submit to a breathalyzer test, the police officer usually records a video of the person while he or she is subjected to field sobriety tests. Field tests have been standardized and made official in order to find the smallest errors committed by the defendant. If anything is found, the legal system will try and use the information gathered against him or her. The court will try and prove that the defendant had no control of their physical or mental faculties after ingesting the alcohol or drugs. Because of this, it is best to hire DUI defense attorney in Jupiter FL after being arrested for a DUI or DWI.
In Florida, driving is considered a privilege. And because it is a privilege, the law specifies that people have to take a chemical or physical test when the officer says so. For the test to be deemed appropriate, the police officer should not try to persuade the driver to take the test. If the officer did not properly request that the driver takes the test, the court may rule against the results, decreasing the chances of the person being found guilty.
Different events can affect the suspension of a driver’s license. Occasionally, the court may see no reason to suspend a person’s license. There are too many factors that can affect this time frame, so each case should be reviewed individually. Some of the factors that may affect a suspension may be things like the defendant ‘s driving record, criminal record, age, and the fact of having accepted or refused to submit to a breathalyzer test. The only way to ensure that a person has the best chance of winning their case is to hire DUI defense attorney in Jupiter FL.
The first offense of driving while intoxicated carries a fine that can range from $50 to $2,000, imprisonment from 72 hours to 180 days, plus a minimum of 24 hours of community service. By finding an open alcoholic beverage container in the possession of the driver, a number of days of imprisonment may be warranted. Subsequent offenses carry more severe penalties if any of the above offenses happened within the last 10 years. For more information visit The Law Office of Laura E. Kenney, P.A..
