CAN I DEFEND MY DUI CASE?

These are some common questions I ask my clients during the initial interview process for issues related to DUI arrests and cases in Broward, Palm Beach and Miami-Dade County.   Please keep this information in mind when speaking to a Broward, Palm Beach and Miami Criminal Defense Lawyer:Police Cruiser

INITIAL POLICE STOP – I always look for ways to fight the initial stop of your car. If we can get the court to agree that the police had no right to stop you then your case can be dismissed:

  • Did the police tell you why they stopped your car?
  • Were you speeding?
  • Did you swerve lanes?
  • Was anyone else in your car at the time the police stopped you?
  • How did you feel (scared, anxious, nervous) when the police approached your car?
  • Did the police call for backup if the stop was at night?
  • Were you asleep in your parked car when police approached you?
  • If yes, where was your car parked?
  • Was it on public or private property?
  • Was it legally parked?
  • Were you involved in a crash?
  • If yes, who was at fault?
  • Were you injured?
  • Were you evaluated by medical personnel?

INDICATORS OF IMPAIRMENT – Police officers are constantly looking for “indicators of impairment” when they stop and make contact with you. Many times, any number of factors can be and often are mistaken for “indicators of impairment”. The most common “indicators of impairment” are: Bloodshot eyes, slurred speech, lack of balance and an odor of alcohol on the breath.

  • If you were asleep in your car, how did you feel when you were woken up?drinking-17
  • Do you have any physical disabilities that affect your mobility?
  • Do you suffer from diabetes or other medical condition?
  • Do you have allergies?
  • How do your medical conditions or allergies affect your eyes, speech, skin tone?
  • Have you suffered any recent injuries to neck, back, hips or knees?
  • When was the last time you had anything to eat?
  • When was the last time you had any sleep?
  • Did you work on the day of your arrest?
  • What do you do for work?
  • What did you do on the day you were arrested?
  • Were you in the sun?
  • Do you smoke?

FIELD SOBRIETY TESTS – These “exercises” include; Walk and Turn, Standing Balance and Finger to Nose. They are designed to make you fail. Most people can not perform these tests enough to satisfy a police officer. Every single mistake made while performing these tests are marked down and used to show that you were allegedly impaired by alcohol. These tests are completely voluntary, but the police do not want you to know that.

  • Did police tell you that you “had to” perform field sobriety exercises?SO000881
  • Did police tell you that the field sobriety tests were voluntary?
  • Where were you told to perform the sobriety tests?
  • Did you tell the police that you suffer from any medical or physical conditions?
  • If yes, what was the officer’s response?
  • Were you on an even, flat and well lit area without any debris or other interference such as weather conditions?
  • Do you wear corrective lenses?
  • Where was the arrest location?
  • Who were you with prior to the police stopping you?
  • Did you agree to take the breath test?
  • Did the police fully explain your rights as
  • Did you wear removable dentures during the breath test?
  • If you were in a crash, did you tell the police that you did not feel well enough to perform the tests?
  • Did the police pressure you into taking the tests?
  • Do you know whether you were being videotaped?

These are all common issues and information that I try to gather when a new client calls for their DUI case. Hiring an attorney as early on as possible is the best way to make sure that your rights are protected. I strive to build a defense for you from our very first meeting.

If you are facing a DUI charge in Florida or simply have questions regarding any issues in criminal law, please contact me at 954-620-8320 and speak to an experienced criminal defense attorney today.  Grant Schwarz is available 24 hours a day 7 days a week for a free consultation.

Never talk to police or go to court without first speaking with a criminal defense attorney. Remember, even fish would not get caught if they kept their mouth shut.

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