Bradenton DUI Defense Attorneys

FAQs: Answers from Our Experienced Bradenton DUI Attorneys

Was I Required to Take the Field Sobriety Tests During My DUI Stop?

No. While Florida’s “implied consent” law requires you to take the breathalyzer during a lawful DUI stop, you are not required to take any field sobriety tests. However, the police don’t have to tell you this, and they can even tell you that taking the tests is your “opportunity” to prove you weren’t driving drunk.

If you took the field sobriety tests and “failed,” does this mean you will be found guilty? Not necessarily. Field sobriety test results are subject to challenge, and our attorneys may be able to show that your test results don’t actually prove you are guilty of a DUI. 

What Are the Penalties for a DUI?

DUIs carry significant penalties under Florida law. Even a standard first-time offense can result in up to a year in jail, a $1,000 fine, and a 90-day driver’s license suspension. You could also be sentenced to probation, mandatory ignition interlock device installation, mandatory substance abuse treatment, and/or community service.

If your blood alcohol concentration was 0.15% or higher, if you had a minor in your vehicle, or if you caused an accident, you are facing enhanced penalties. Additionally, if you already have a DUI (or multiple DUIs) on your record, you can face enhanced penalties as a repeat offender.

How Can I Defend Against My DUI Charge?

There are several possible defenses to DUI charges in Florida. When our Bradenton DUI attorneys evaluate your case, they will explore all options for keeping your record clean and keeping you out of jail. 

Some examples of possible defenses to DUI charges include:

• Unconstitutional stop or arrest: The police need “reasonable suspicion” to stop you, and they need “probable cause” to make a DUI arrest. Therefore, if the arresting officer cannot explain why he or she pulled you over, or if the evidence (or lack of evidence) shows that the officer did not have probable cause to arrest you, this could provide a strong defense in your DUI case.
• Invalid or unreliable test results: While a high BAC can seem like solid evidence of guilt, it is possible to challenge breathalyzer test results in many cases. Our attorneys are often able to successfully challenge clients’ field sobriety test results as well. Several factors can render these test results invalid or unreliable, and such test results are not enough to prove your guilt beyond a reasonable doubt.
• Insufficient evidence of guilt: Beyond challenging the validity and reliability of your test results, there are various other ways to prevent the prosecutor’s office from meeting its burden of proof. If our attorneys can convince the judge or jury that the prosecution’s evidence is insufficient, then it doesn’t matter whether you were drunk behind the wheel.

Should I Have a Bradenton DUI Defense Lawyer to Represent Me?

Yes, if you are facing a drunk driving charge, you should absolutely have an attorney to represent you. You have a lot at stake, and you need to rely on an experienced lawyer who can fight to protect you by all means available.

Contact a Team of Skilled Attorneys

At Fowler Law Group, we know how to effectively defend DUI cases involving alcohol and drug intoxication. As former Sarasota County and Manatee County prosecutors, James Fowler and Jeremy Simon have unique insight into how the state handles DUI cases.  Mr. Fowler has completed training programs in “Prosecuting the Drugged Driver” and “Prosecuting Refusal Cases” and is an active member of the Florida Association of Criminal Defense Lawyers. Mr. Simon brings his experience from the State Attorney’s Office as well and devotes much of his practice to defending DUI clients.

If you have been involved in a DUI or have questions about Florida’s DUI laws, contact our lawyers today by completing our online form or calling us at (941) 900-3100.