I am often asked whether it is OK to refuse to take field sobriety exercises (FSE’s). In the State of Florida, roadside sobriety tests are voluntary, which means you do not have to take them. The prosecution may try to use your refusal to perform these tests against you, but if you fail to perform well, this could also be used against you.

Regardless of whether or not you are truly impaired, chances are very high that you will not be able to perform these exercises to standards. You can help your attorney defeat your DUI case by refusing to submit to field sobriety exercises.

Continue reading Refusing to Take Field Sobriety Tests

More DUI Articles:

• What You Should Know About Roadside Sobriety Tests – When you are asked by a police officer to perform a field sobriety exercise you need to realize that the National Highway Traffic Safety Administration (NHTSA) only recognizes that three tests have any scientific validity to recommend them. While we do encourage you to be aware of your right to refuse to perform these exercises, it is still useful to know what these field sobriety tests are.
• A DUI Conviction Can Limit Your Vacation Plans – Florida may still consider your first DUI as a misdemeanor, but not Canada. There, a DUI on your record is a felony. And Canada doesn’t allow felons into the country even if their records have been clean for years. If a DUI shows up in a U.S. criminal database, your hopes of visiting Canada without securing a visa are probably dashed.
• Could DUI Mug Shots Be Posted in Florida – The state of Hawaii started an experiment back in November 2009. The police department began posting pictures of DUI suspects on their website. Many are asking the question: “Doesn’t this practice violate the rights of the person who has been arrested for DUI?”
• Towing After a Florida DUI Arrest – If you are arrested for a Sarasota, FL DUI, most police officers order a tow truck to haul your car to the police impound or towing company lot. It is standard practice to protect the city from liability. That way you can’t sue the city if your car is vandalized or otherwise damaged while you are in custody. While you can ask the officer if your car can be left in a safe and legal location, it isn’t standard practice.

TAMPA, Fla. (AP) — Tampa Bay Buccaneers rookie wide receiver Michael Williams was charged with DUI early Friday after Florida authorities spotted his black Escalade speeding and weaving in and out of traffic.

Hillsborough County sheriff’s deputies said the 23-year-old football star’s eyes were glassy and he smelled like alcohol when they pulled him over around 2:30 a.m. According to a breathalyzer test, Williams had .065 blood-alcohol level, which is below Florida’s 0.08 percent legal limit

Authorities can conduct a DUI investigation if they see signs of impairment and make an arrest regardless of blood-alcohol or urine tests, sheriff’s spokesman Larry McKinnon said.

Williams, a standout who started in every game this season, also submitted to a urine test, but the toxicology results could take 4-6 weeks, McKinnon said

“We are in the process of gathering all the facts. Mike has been very cooperative,” Buccaneers manager Mark Dominik said in a statement.

Williams, who leads the NFL in rookie receiving yard and ranks second among rookies in receiving touchdowns, was released on $500 bond later Friday. It’s unclear if he has an attorney.

Charged with DUI in Sarasota? If so, contact a Sarasota DUI attorney at our firm for your free and confidential consultation.

Source

Post from Polk County DUI Lawyers.

It’s true and I’m going to show you why!

Let’s just say, for example, you are charged with your first DUI with no property damage, bodily injury or death involved because this carries the smallest penalties (of course) and over 80% of people don’t get a second DUI after being convicted the first time around.

The fines (in Florida) range from $500-$1000 for a first time DUI conviction, but that’s not all you stand to lose. Loss of your drivers license, sky rocketing insurance rates and jail time are all possibilities if convicted of drunk driving  in Florida. However, an attorney who knows the ins and outs of the criminal justice system can certainly minimize these penalties (if not erase them completely by getting the charge dismissed). Any good lawyer will know how to exploit the weaknesses in the prosecutions case and know what strategy to use. When there is no avoiding a conviction, he or she will know a good deal from a bad deal when it comes down to a plea bargain.

So let’s analyze:

1. Loss of your drivers license – Losing your right to drive for 6 months-1 year depending on if you refused a chemical test or may or may not cost you money, but it does more times then not; and that’s not to mention the pure inconvenience not being able to drive will have on your life. The good news is a lawyer can attend your administrative review hearing with you to make sure you, at the very least, retain your right to drive to and from work and school.
2. Insurance premiums – If insurance companies get word of a DUI conviction, it will absolutely cost you thousands of dollars over the years to come. Even when a DUI lawyer cannot get a charge dismissed they frequently make sure the DUI charge is not visible to insurance companies; this alone can usually pay for a lawyer’s services.
3. Jail – Only if you live on the streets would you not benefit from avoiding a stint in jail. Whatever your exact circumstances are, by hiring an experience criminal defense attorney you will have the best shot at doing exactly that.

Been arrested for DUI in Sarasota? Call 941-916-3627. We can help you.

Update: Sarasota DUI Manslaughter Trial.

Whether you’ve already heard or not the verdict is in: GUILTY.

I have been covering this case since day one and actually thought there was a good chance the ex-Braden River High School football coach could avoid being convicted. The main reason for this was because there was no witness to testify the ex-coach was actually driving the vehicle at the time of the crash (his brother refused to testify and was sentenced to 3 months in prison and the other passenger wisely said he couldn’t remember.) The jury took just two hours to decide that indeed he was driving the car and that he contributed to the crash that killed his best friend and fellow coach. He faces up to 15 years in prison and will be sentenced 6-11-10.

Updates as they are available.

The key to our success is the attorneys who comprise Musca Law. Because we utilize a team approach, the combined skills, background, and expertise of each attorney is called upon to fashion the best criminal defense we can provide.

The background of each of our attorneys can be viewed by clicking on each of the names below.

• John Musca
• Marquin Rinard
• Rebecca Sonalia
• Brandon L. Kolb
• Jennifer Sam
• Lawrence Wrenn
• Shlomi Presser
• Nirav M. Jamindar
• David Shestokas

To put our Florida criminal trial attorney team to work for you, contact Musca Law today to schedule your free confidential consultation. Discover how we earned our reputation for excellence and our track record of success.

If you are indecisive if which attorney to choose our case results are available upon request by call 1-800-MUSCA-LAW.

Welcome to the launch of the Sarasota DUI blog, sponsored by the law offices of John Musca.

Lawyers Representing Defendants in Sarasota County, Florida

If you have been arrested for a DUI in the Sarasota County area of Florida, your freedom is in jeopardy. Fortunately, a Sarasota County DUI  lawyer may be able to help you avoid a conviction and serious penalties.

Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.

The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.

For more information on Florida DUI laws, or if you have been arrested for DUI, please schedule a free confidential consultation with an experienced criminal defense attorney by calling us at (941) 309-5231.