Field Sobriety Exercises
Most often when a person is suspected of DUI the officer request them to take field sobriety exercises.
This is a series of dexterity exercises which the police use to present evidence of what they believe to be impairment due to alcohol or drugs. Most often the exercises given our the walk and turn test and the one leg stand. Other exercises may include the finger to nose and the alphabet exam.
Of course, everyone has different levels of physical dexterity and balance. Similarly, due to age or weight certain people may have difficulty with physical dexterity exercises. In fact, the training manual used by most law enforcement agencies informs officers that alternate tests should be performed for people with physical or weight problems. If officers do not do this, the use of these exercises can be challenged. An experienced DUI defense attorney will be experienced cross examination of the state’s witnesses and police officers.
We can get access to and obtained copy of any videotapes made of roadside sobriety exercises. We will review those with you and compare them to other evidence or witnesses in the case. Use of videos may be limited because of other traffic in the area, lighting, or the manner in which the exercise was performed. These are matters which we will discuss thoroughly with you and going over your case.
Blood tests are allowable inserts it you. When a blood test is used there are many things which need to be explored. If it is a “legal” blood draw, the officer must use a prepackaged kit with certain coagulants already contained in the two. Blood draw must be done by a specifically licensed person under certain conditions as set forth in Florida statutes. A hospital draw is normally of serum blood, and serum blood may provide a recorded value differently from a breath test comparison. These are matters which must be explored by your DUI defense attorney as well as the chain of custody and testing procedures in order to see if there are any motions regarding the admissibility or use a blood test. Experience in these types of cases is important to you. Larry Sandefer is highly experienced (link) in handling all types of DUI cases.
Urine tests may be requested if a breath alcohol test is low and are officer has reason to believe the person may be under the influence of a controlled substance. Urine tests provide an analysis of substances which are already in the urine. Some of these substances have been processed and only metabolites are present. Expert consultation is valuable in determining whether it can be determined if the substances were in the blood at the time of driving or if the quantity or type of drug were sufficient to cause a physical impairment. A valid prescription for a substance is not a defense to a DUI by substance offense
Different substances will remain is a person’s system longer that other one’s. For example, cocaine can remain from 12 hours up to 3 days while benzodiazapines can remain up to 3 weeks depending on long term use. Some substances have a half life of a matter of hours and the value of results showing presence of these substances may be subject to challenge.
DUI prosecutions are handled differently in Pinellas County, Pasco County and Hillsborough County. Both Pinellas County and Pasco County are the same Judicial Circuit with the same State Attorney, however, the procedures of each office is somewhat different and the law enforcement agencies have different policies and procedures which your attorney should be familiar with.
Mr. Sandefer has been a criminal trial attorney for over 30 years. He has handled hundreds of DUI cases and tried many DUI cases. Ask him about his results. He is a member of the Bar Register of Preeminent Lawyers, named on of the top 100 trial lawyers by the National Trial Lawyers Association, he was named to Florida Super Lawyers in 2009, and has kept up on the latest developments locally and nationally in DUI defense and attending national and Florida seminars regularly. He supervised DUI attorneys while a Division Director at the office of the State Attorney.
Sandefer Law Firm rates are quite competitive, especially considering the experience and reputation of the lawyer you choose to represent you. Call Sandefer Law Firm. The initial consultation is absolutely free.