Can A Ft Myers DUI Attorney Challenge a Breathalyzer Test

One of the most serious arrest is driving under the influence. If you happen to be arrested and charged with a DUI, the consequences are usually serious. Loss of a driving license, job and even being liable to criminal charges are but a few of the possible consequences of driving under the influence. The good news is that with the help of a good Ft Myers DUI Attorney it may be possible to challenge a DUI and win.

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Can A Ft Myers DUI Attorney Challenge a Breathalyzer Test in Court?

Once you have been charged with a DUI, for you to be convicted, prosecution has to prove that your blood level at the time of the offense was above the set limit. In most of the states, the limit is usually .10 percent. In order to build a case, the prosecution must get a sample of the defendant’s blood and test it to prove that the alcohol level was above the limit. There are several lines of defense a FT Myers DUI Attorney can put up for your case. Here, are a few of the most common:

1. The machine was calibrated improperly

2. The test was administered wrongly

3. The readings of the test were conflicting

4. There was the presence of other chemicals which made it difficult to make an accurate reading.

Those are some of the lines of defense that a reliable Ft Myers DUI Attorney can put up to prevent you from being found guilty of the DUI charge.

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What Is The Probability of a Ft Myers DUI Attorney Winning Your DUI Charge?

Whether you will win the breathalyzer test or not usually depends on the competence of your  DUI Lawyer Fort Myers and the circumstances that surrounded your arrest. For instance, a experienced FT Myers DUI Attorney will challenge every step of the arrest. If your rights were violated in any way, the probability of winning is substantial. In terms of figures, conviction rates in the 90′s were quite high.

In California, the conviction rate between 1997 and 2006 was between 75 and 85 percent. The rates vary a lot depending on the state in question. In Idaho, the rates of conviction have been dropping over the years, a trend that has been observed in many other states. For instance, the average rate of dismissal in 2000 to 2011 was as high as 70 percent in some states.

The biggest cause of dismissal is usually tied to the arrest process. For instance, the arresting officer has to have a solid reason for a traffic stop. If they are found not to have one, then getting a dismissal is really easy.

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Other Ft Myers DUI Attorney Tips To Help Win a DUI Case

1. In case your chemical test rights were not read before submitting a BAC test, the probability of a dismissal is really high.

2. It’s easier to win a DUI if you are a first time offender.

3. Before you start a court case, make sure that you have exhausted all other possible options.

4. In case you are not confident about winning a case, try and enter a plea that will favor you the most.

All those are tips to help you win your DUI. Note that when you hire a experienced  FT Myers DUI Attorney, you will have a greater chance at an acquittal.

BUI In Florida You Need A Fort Myers DUI Lawyer

Considering the sunshine state is a water wonder world and is also surrounded by it, it’s no surprise that boating is a popular pastime during the summer months. If you or someone you love were out on the water in the Fort Myers area and got stopped by DNR and was subsequently charged with BUI (boating under the influence). You are probably going to need a Fort Myers DUI Lawyer to help.

Your first step should be to contact a Fort Myers DUI Lawyer so that you know your rights. BUI is a term that covers anything, be it drinking, drugs, or simply taking medications that make you groggy or cause you to swerve your boat while driving. You can get charged with BUI for being under the influence of anything and that is another reason why a good Ft Myers DUI Lawyer is going to be beneficial to you.

BUI In Florida You Need A Fort Myers DUI Lawyer

Unlike a suspicion of a DUI where you are pulled over by a police officer who sees your car swerving or you driving erratically and he decides to pull you over for a field test, the DNR officer can just pull you over to check the safety of your vessel. He can pull you over to check for life vests or fishing license. Then if he suspects you have been drinking, serious consequences can follow.

If your boat is pulled over and the officer feels you have been drinking, his first step will be to perform a Field Sobriety test otherwise known as a breathalyzer. He may decide that you are drunk but somehow the test didn’t read right and he then can tow your boat to shore for further testing. If your blood alcohol content is more than .08 you will be charged and arrested. You could also be charged if your BAC is slightly below .08. If you refuse to be tested, your boating privileges and your driver’s license will be suspended for up to a year. It will also look bad on you when you enter the court room.

Fort Myers DUI Lawyer Will Help Your BUI Case

When you consult a Ft Myers DUI lawyer, they may be able to find flaws in the way your case was handled and help you to avoid serious penalties. There are no specific laws against being in a boat and drinking only driving the boat while drinking.

The arresting officer may have charged you and you weren’t driving the boat. The field test may have been performed wrong or perhaps you can suppress evidence of the BUI due to the officer stopping you for a safety check. Only a good lawyer knows what to look for in order to protect you and a Fort Myers DUI Lawyer is trained to know what can go wrong in a BUI arrest.

 

Fort Myers DUI Lawyer Will Help

In Florida, BUI carries as much of a penalty as if you were charged with DUI. With the first offense you could be charged upwards of $500.00 and serve up to six months in jail. The second or more times you are charged with it, the fines and potential jail time will increase up to possibly 9 months jail time and $1000.00 or more in fines.

You don’t want to go into it without a Fort Myers DUI Lawyer by your side. If you were unfortunately charged with BUI due to an accident that resulted in someone’s death, you could be charged with a felony.

Do You Need A Ft Myers DUI Attorney?

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Do You Need A Fort Myers

DUI Attorney?

 Fort Myers DUI Attorney - If you are being accused of driving under the influence of drugs or alcohol, you might face criminal charges that will change your life. Depending upon previous convictions or the severity of the accident, you might face either misdemeanor or felony criminal charges. The right  Fort Myers DUI Attorney can help minimize the consequences of these charges, and in some cases he might be able to get the charges waived. You do have rights too, and to begin you are under the suspicion of a DUI and are innocent until proven guilty. The police have to follow very precise procedures in order to make these charges stick. You need to remember that getting charged with driving under the influence of drugs or alcohol is the same thing as getting convicted of a very serious crime. If you face these charges, call a good DUI Ft Myers Attorney as soon as possible. He will be able to help you: dui law   — Get back your driving privileges and vehicle — Have the DA reduce charges — Have charges waived or dismissed – Have you found innocent

DUI Attorney Fort Myers

Looking for DUI Attorney Fort Myers? Drinking and driving are very serious offenses in the state of Florida because this is one of the prime causes of serious or even fatal car accidents. Penalties are also very serious for these offenses. Even a first offense without serious injuries, deaths, or damages might result in fines, the loss of your license, your car getting impounded, jail time, probation, and mandatory community service hours. Fort Myers DUI Attorney  can help you face these charges to minimize impact. Subsequent convictions carry even stiffer penalties. So can offenses that resulted in damages, injuries, or a death, and that is why it is so important to get  Fort Myers DUI Attorney involved. Florida DUI attorney fees can vary so make sure you do your research. The fact is Florida DUI lawyer cost can become expensive. However, there are options depending on your financial situation. Just ask your Attorneys Fort Myers Florida.

 DUI Felony or DUI Misdemeanor: You Need A Ft myers Dui Attorney 

Jail time, fines, and losing your license are all pretty serious penalties. However, it is also important to understand the difference between misdemeanor and felony charges in this state. Note that these are all criminal charges, but felonies are considered worse offenses, and they carry much stiffer penalties. Either way a  Ft Myers DUI Attorney can help. Any time you are intoxicated and cause an accident that DUI results in personal injuries or property damages you could be charged with a first degree misdemeanor. This is more serious than the lesser misdemeanors you might be charged with if the cops catch you for a first or second offense before you have actually hurt anybody or anything. The consequences could include a $1,000 fine and up to a year of jail. However, if anybody else is seriously hurt or killed in the accident, charges escalate up to the felony level. You can also be charged with a felony DUI if you get convicted of your third offense in the span of ten years. You could be incarcerated for up to five years, and you could have to pay a fine up to $5,000.

Examples Of Jail Or Prison Sentences For Florida DUI

Attorneys Fort Myers Florida

– First offense with no aggravating circumstances: Jail time for anything from eight hours to six months (nine months for a blood alcohol level over .2) — Second offense with no aggravating circumstances: Jail time for not more than nine months for BAC less than .2, but up to 12 months for BAC over .2 — Third offense without aggravating circumstances: Up to 12 months incarceration for a first offense within 10 years, but up to 10 years imprisonment for a 3rd conviction within 10 years Aggravating circumstances could be property damage, serious injuries, or deaths. Sentences could also be higher if there is a minor riding in the same car as the drunk driver. These can all make the penalties higher, and they are likely to be looked upon unfavorably by a judge, jury, and prosecutor.

Read this wiki link what a DUI Ft Myers Attorney

                               Drivers Under Age 21?

Florida has a no-tolerance policy for any youthful drivers found drinking. Any blood alcohol level over .02 results in a six month license suspension. Most people would get that low of a blood alcohol level from even one single drink.

Can You Get Your Drivers License Back?

If you lose your license, it could be a harsh punishment by itself. Without a license, it might be tough to get to work and attend to other obligations. A good  Ft Myers DUI Attorney  might be able to help you get your license reinstated for hardship reasons. If you are already convicted, you might have to agree to the following measures before you can get your license back. — Complete a DUI program that has been designed to reduce repeat offenses. — Have an ignition interlock device installed in your car. These ignition interlock devices require you to give a breath sample every time you want to start your car. If the device measures your blood alcohol level as more than .05, it will not allow your car to start. Some of these devices are even set to retest the driver periodically while the car is moving. These “rolling retests” prevent drivers from fooling the test by drinking after they have already started driving. Dui Florida Attorney

How To Avoid Criminal DUI Charges And Penalties

Of course, the best way to avoid these charges is to commit to never drink and drive. However, not everybody who has been accused of driving under the influence of drugs and alcohol was actually drunk at the time. Additionally, some people might suffer because the breath or blood tests were not taken or recorded properly, and it is up to the police and prosecutor to prove that they were. Your best course of action is to find local DUI Attorney Ft Myers who are experienced in DUI defense. In many cases, they can defend their clients against these very serious charges. They might be able to help their clients get charges waived, reduced, or dismissed before the consequences have a chance to damage somebody’s life. Contact any  DUI Attorney Ft Myers as possible in order to set up an initial consultation. You will have a chance to get professional legal advice and discuss your alternatives, so you can eliminate or reduce these consequences.

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