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California DUI Laws are so strict that the state leads the nation in
DUI arrests. There were almost 200,000 people arrested for DUI in
California alone last year. When a person is arrested on DUI charges
in Florida, he has approximately ten days to ask for a hearing with the
Florida Department of Highway Safety and Motor Vehicles to protect
his license from being confiscated permanently.
Most people think that if they get pulled over for DUI, and are below
the legal limit, that the officer will let them go or they will only be
fined and not charged. Actually, an arrest for DUI can be made at any
blood alcohol level.
The physical evidence of drunk driving includes slurred speech;
inability to perform normal activities like standing, walking, or
turning; red, glassy, bloodshot eyes; dilated pupils; and odor of alcohol
on the breath.
Some DUI defense attorneys report that breathalyzers used by law
enforcement do not accurately measure alcohol -- and thus may
produce falsely high "blood alcohol" readings. Additionally, diabetics
with low blood sugar can have high levels of acetone, which is "seen"
as alcohol by breathalyzers.
If convicted, the DUI can render the defendant financially, socially,
and psychologically impoverished and impaired. However, it is possible
to have DUI records cleared in almost all states.
Many people charged with DUI want to know what a DUI attorney can
do for them.
A well-qualified and professional DUI attorney can help to minimize
the severity of DUI records and in some cases they can eliminate your
DUI records completely.
A DUI attorney can check the case against you for errors, have
samples independently analyzed, move to suppress certain evidence,
arrange for expert testimony and witnesses, contest license
suspensions and negotiate reduced penalties and sentences. DUI
attorneys have to be knowledgeable and well versed in subjects such
as blood analysis, breath tests, drug recognition evaluation and urine
tests.
MISLEADING STATEMENTS BY POLICE OFFICERS
Any misleading statement by the police regarding the consequences of
taking (or refusing) a blood, breath, or urine test can cause the
suspension to be reversed and removed from the driver's record.
Think all policemen are 'officer friendly'? Think they're all honest?
Think again. I've known several policemen in different parts of the
country and you'd be surprised at some of their 'tricks of the trade'
that they routinely utilize. Keep in mind that these cops were personal
friends of mine and bragged about some of the things they did -
A) If you want to cause problems for a driver you've pulled over, cite
him for DUI and write in your report that when asked for his
registration and proof of insurance, the driver seemed confused and
disoriented. The fact of the matter is that most everyone stores these
documents in their glove compartment, along with lots of other papers
and miscellaneous junk. Of course, it will take anyone a couple of
minutes to find the requested papers, but reporting that the driver
appeared confused and disoriented will go a long way in convincing a
judge that the driver was indeed impaired.
B) If a cop wants to make some extra cash, he'll check the record of
anyone he pulls over for drunk driving. If the driver has had previous
DUI convictions, he's the perfect target for a big cash bribe. He's given
the choice of being cited for a second or third DUI, or he can pay a
'fine' in cash, directly to the cop. Given the choice of heavy DUI
penalties or paying the cop, many drivers will fork over the cash.
C) Sit outside of a banquet hall that's used for wedding receptions. In
almost all cases, there's drinking going on, so whenever anyone
leaves, pull them over, threaten them with a DUI citation and then
offer to let them go if they pay the fine right now.
There are other money-making routines the cops use, but I think you
get the idea. When a cop pulls you over, you're at his mercy.
Since I've had several cops, from different parts of the country, brag
about doing things like this, I have to conclude that such practices are
not just isolated cases.
LACK OF PROBABLE CAUSE TO ARREST
A police officer must have specific and supportable facts to support any
arrest for DUI, or the suspension will be reversed and the evidence
suppressed at trial. In simple terms, you shouldn't be pulled over for
DUI just because you're driving a red sports car.
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