Islamorada, FL DUI Law Firms & Lawyers

Yes, it is certainly possible to beat a DUI case if there was no alcohol or drugs in your system. I don't actually think that DUI charges would even be filed in your case. Sounds like at a minimum though, they will be charging you with Possession of drugs or a more serious felony charge depending on the amount of cocaine they found in your car. Whether the evidence can be suppressed based on an illegal search or lack of probable cause to pull your car over in the first place...you should speak to a criminal defense attorney in your area in more detail about your case. At that point they can advise you if that is a strong possibility or not.

This is a very jurisdiction-specific and fact-specific question. Why was he on pretrial release at the time of his DUI? Where did this happen? Each county has its own procedures and criteria for pretrial release. If the original charge was alcohol-related (like another DUI), then it is not unlikely that they will hold him in jail until both charges are disposeed. Judges are just lawyers who didn't like practicing law. They do not want to be forced out of office by releasing some alleged drunk driver who can't stay sober and off the roads. On the other hand, if your bf was on pretrial release (ROR) for some relatively innocuous charge (say, shoplifting) there is a better chance that the court will grant him a bond. Especially since he has served a month already. Good luck. 

You mentioned that you obtained a lawyer, I suppose my first question to you is have you discussed your concerns with your lawyer, as he/she would be in the best position to discuss your case. You did not state whether you submitted to a breath test, it sounds like you did not based upon what you wrote. If you submit to a breath test the results will either show you were not impaired as defined by a BAC under .08, or you were presumed impaired if BAC was over .o8.  If you refuse the breath test you give up the opportunity to show that your BAC was under .08.  As for the questions, field sobriety tests, and breath test, the law is clear that you are not entitled to a lawyer for field sobriety testing or breath testing. The only time you are entitled to a lawyer is during questioning. The officer should have read you your miranda rights before asking you any questions. however any spontaneous statement made by you which was not in response to a question, is evidence,  and not protected by Miranda. Most police have a video tape rolling in in the breath testing room and any statements made should be on tape. With regard to your passing or believing you passed the field sobriety tests, there are six to eight clues related to each test that determine whether you passed or not. These tests are divided attention tests and designed to not only assess your physical ability but also your mental ability to listen and follow direction, something which decreases with impairment. Many people believe they passed the field sobriety tests but actually failed based on the assessment criteria.