Driving Under the Influence: Zero Tolerance
Driving under the influence is a zero tolerance crime in every state. The majority of automobile accidents that occur are due to drunk driving. It does not matter how many drinks you think you had because the blood alcohol content says it all.
It can be a very nerve racking and stressful situation if you or someone you know has ever been arrested for driving under the influence. It is a law once in custody that the police officer must read you your Miranda Rights that informs you that you do have the right to an attorney, but whatever you say may be used against you in court.
Field Sobriety Tests
It is most common to demonstrate roadside tests on the driver before blowing in a breathalyzer. There are several different tests such as:
1. Reciting the alphabet (sometimes backwards)
2. Walking in a straight line
3. Touching your finger to the tip of your nose
4. Balancing on one foot at a time
5. Bending over forward and backwards with eyes closed
These tests measure the driver’s mental acuity and physical dexterity. Officers will usually ask the driver to perform at least three of these field sobriety tests. In a DUI situation, the driver always has the option to hire a Miami DUI lawyer. The main reason to have a Miami lawyer assist you in your case is that they can help get you a lesser sentence or possibly get all charges dismissed.
Most people have jobs so it can be a terrible idea to serve jail time. Other options are probation, community service or vehicle impound. These will probably affect the work life as well. It is common for the driver to lose his or her driver’s license on the first DUI offense. DUI laws are extremely complicated and only a Miami criminal lawyer can help make the process much smoother and easier.
Law enforcement cannot arrest anyone they want. There must be probable cause for a search and seizure and an arrest. The officer has to witness the driver doing something against the law. If for some reason you were arrested without probable cause then your case can be dismissed.
In some cases, if the driver is under the blood alcohol content level and performs the field sobriety tests well, the officer may let him or her go with just a warning.
Always remember that Miami criminal defense lawyers are on your side. They are there to represent you in the best way they can and help you with your case.
