Do I Need a Lawyer for a First Time DUI?

If you have recently been arrested for a first time DUI offense in Pinellas county, it is perfectly natural to feel a sense of uncertainty. You might also be tempted to quickly resolve your case so that you can put the experience behind you and “move on with your life.”

Handle the Case Yourself?

You might be asking yourself “Do I really need a lawyer for a first time DUI offense? Friends or relatives may have even expressed their opinion that perhaps you should “go at it alone.” After all, there was no accident, minor children in your car or other aggravating factors associated with your arrest. Perhaps you have been reassuring yourself that you are “only a first time offender” or that you should consider “saving a few bucks.”

Keeping the Right Perspective

Currently, you find yourself facing a criminal offense with mandatory court appearances in a complex legal system. If you were suffering a medical problem, you would surely consult with a doctor. Facing a DUI is unlike battling the common cold. You can’t just muddle your way through by waiting for your body to fight off the cold. There are likewise no “over-the-counter” remedies.

It is important to keep in mind that our legal system is “adversary” in nature. You will be up against an experienced prosecutor. In addition, the laws pertaining to driving under the influence offenses are complicated. Your case will necessitate hearings in both a courtroom and at the Department of Highway Safety Division of Drivers Licenses. Seeking help from a qualified lawyer is imperative, since in most cases, you only have one opportunity to get the best possible result.

A first-time DUI conviction can have far reaching effects on your reputation, privilege to drive, employment opportunities, and your ability to hold or obtain professional licensing. Facing a DUI charge is definitely not the same thing as getting a speeding ticket. See: How Can a DUI Affect My Vehicle Insurance Coverage in Florida?

A Great Outcome Despite Evidence That Seems Stacked Against You

The facts of your case might entail Intoxilyzer results over the .08 presumptive level of impairment. Perhaps you made some incriminating statements to the police officer about your consumption of alcohol. See: What if the Police Fail to Read my Miranda Rights. You might also be second guessing your performance of roadside field sobriety tests. In sum... the facts and evidence in your case may seem stacked against you.

Although your personal assessment of the case may be unfavorable, the truth is that an experienced DUI defense attorney will be focused on the legal and scientific aspects of your case. These are important areas for which you are likely unfamiliar. See: Keeping Your Breath Test Out of Court

A Sampling of DUI Issues You Probably Never Considered

Did the officer establish probable cause that a traffic infraction occurred to justify the initial stop of your vehicle and did you receive a separate traffic ticket?
Did law enforcement develop “reasonable suspicion” that you were impaired by alcohol or a controlled substances to legally justify a prolonged detention to conduct his DUI investigation?
Will a review of the videotape reveal improprieties or a failure of law enforcement to conduct a fair and honest appraisal of your state of sobriety?
Did the officer properly administer field sobriety testing in a manner that was consistent with the guidelines set forth by the National Highway Traffic Safety Administration?
Was the officer a qualified “expert” in the administration of HGN or Horizontal Gaze Nystagmus testing? (The test where the officer moved a pen or light in front of your eyes.)
Were the field sobriety tests conducted in an area that was level, well lit, and free of debris?
Were the shoes you were wearing appropriate for the roadside field sobriety testing?
Do you suffer from any medical conditions or physical disabilities that would have affected your performance of the roadside field sobriety testing?
If you are a diabetic, was your blood sugar checked by a paramedic or an Emergency Medical Technician?
Did your fasting or consuming of a low calorie diet cause you to experience ketoacidosis?
Did the officer develop sufficient “probable cause” to place you under arrest for DUI?
Did the officer properly fulfill the requirement of a mandatory “twenty minute observation period” prior to requesting a breath test?
Prior to taking the breath test, did you place anything into your mouth?;
Prior to taking the breath test, did you regurgitate any contents from your stomach?
Do you suffer from GERD?’';
Was the breath test officer properly certified by the Florida Department of Law Enforcement to conduct evidentiary “breath testing” on the Intoxilyzer 8000?
Was the “Agency Inspector” properly certified by the Florida Department of Law Enforcement to conduct monthly “agency inspections” of the machine that was used in your case?’
Did the machine properly pass its calibration inspections both before and after your breath test?;
Was the machine inspected by a “Department Inspector” from the Florida Department of Law Enforcement Alcohol Testing Program during the calendar year of your arrest?
Was the volume of your breath sample sufficient to qualify as a “valid” breath test (1.1 liters of air)?
Using “retrograde extrapolation” can we establish that, although your breath alcohol level was above .08 at the time that you blew into the machine, your breath alcohol level was under a .08 at the time of driving. (Florida DUI law focuses on “at the time of driving and not “at the time of testing.”)
If you refused the breath test, the prosecutor has been deprived of an important piece of evidence. Can your “refusal” serve as a tactical advantage in negotiations?

A DUI conviction is a serious matter that can affect you for the rest of your life. For that reason, the lawyers in our office are committed to “leaving no stone unturned.”

Clients are sometimes surprised to learn that key pieces of evidence in their case may be inadmissible in court. Using our background, experience and training, we can sometimes leverage a plea bargain to result in having a DUI charge reduced to the lesser offense of reckless driving.