Captiva, FL DUI Law Firms & Lawyers

Concussion is when there is a shaking or striking causes a person's brain to incur a trauma. The result can be that a person experiences nausea, vomiting, dizziness, unconsciousness, eye problems, or more. The concussion can be anywhere from mild to extreme. DUI is operating a motor vehicle while one's normal faculties are impaired due to drugs or alcohol. Of course, it is possible for someone to do both. A person could be drunk, get punched or in an accident, and suffer a concussion. The question for your case is what evidence does the state have that you were under the influence. If there is a blood test from the hospital that shows a large amount of alcohol in your system, or perhaps certain drugs, then it would be for a jury to decide whether you were guilty of DUI. The other question is how do you prove that you had a concussion. You might have to testify and that is always a dangerous path for a defendant to take.

The decision to reduce charges to reckless driving rests with the State Attorney.  If you cooperated and there is a DUI sobriety video that shows you are performing extremely well on the sobriety tests, there is a chance you can get the charge reduced. Your biggest problem is that your BAC is well over the limit of .08.  You could be convicted at trial of DUI with the breath readings, and so the SAO may not have any motivation to reduce the charges, that combined with the fact that the police apparently have it out for you. The SAO will normally consult with the police with considering a reduction of charges.

I would recommend going to the clerk of court office in the county where this happened. Ask to review the clerks file, in Florida this is a public record. As you indicate you were a juvenile when the event occurred this can take longer to process but eight months is way out of line.