Individual Strategies -
Decades of Experience Handling Florida
Personal Injury and Wrongful Death Claims
March 14, 2012
A Lake Butler corrections officer was taken into custody for DUI shortly after midnight Friday after a Marion County sheriff’s deputy allegedly noticed the man weaving on and off the roadway.
The deputy claims that after stopping the vehicle he detected a strong odor of alcohol coming from the driver’s breath. He apparently asked the driver if he had been drinking, and the driver apparently answered no.
The man agreed to perform field sobriety tests, which he allegedly failed.
The man allegedly admitted to drinking “a little bit of gin.”
The deputy claims he found a red plastic cup in the center console inside the man’s vehicle that apparently contained gin.
The man was placed under arrest and transported to Marion County Jail, where he apparently registered a .132 and .129 on breath tests.
In Florida, a BAC level of .08 percent is considered legally intoxicated. It is generally perceived that the higher the BAC, the less control a driver has of his or her vehicle and the greater the threat to other drivers. The state of Florida has an implied consent law, like many other states, that basically means if you are pulled over by police on suspicion of drunk driving, you will be asked to submit to a chemical test. A chemical test is a very important aspect of DUI prosecution. It is important to be aware that even with evidence obtained in a breath test there are many ways to combat DUI charges. Numerous DUI defenses are contingent upon not what you have done, but what police have or have not done.
Just because you failed a breath test does not mean you will be convicted of DUI. In fact, how a person breathes into a breathalyzer can affect the test results. Many times Florida police will advise suspects to breathe deeply and blow hard into a breathalyzer. However, by doing so, this may inflate the results and provide an inaccurate reading of a person’s blood alcohol level.
A Florida DUI Defense Attorney at Whittel & Melton can scrutinize the evidence from your arrest, which include field sobriety and chemical test results, and determine if any mistakes were made. If it can be established that your rights were violated, or if any procedural errors occurred, we will pursue reduced or dismissed charges. If you are pulled over anywhere in Florida and asked to take a breath test, you should immediately request to speak with a Florida DUI Defense Lawyer to learn about your legal rights. At Whittel & Melton, we understand the issues surrounding breath tests and how to identify improper procedures.
If you were arrested for DUI in Ocala or throughout the state of Florida, and submitted to a breath test, contact the Florida DUI Criminal Defense Attorneys at Whittel & Melton online or call 352-369-5334 or reach us statewide and toll-free at 1-866-608-5LAW (5529).