Richland, FL DUI Law Firms & Lawyers

Based on what the witness said, the police think you were driving. You have a very good argument to make to the jury: you were never driving and therefore are not guilty of DUI. Hire a good lawyer to help you make the argument and you should be acquitted.

Unfortunately, it really depends on what county you are in when you get a DUI.  In some counties they offer pre-trial diversion (“PTI”).  After a successful completion of PTI, the charge is dismissed by the state and you can potentially have your record sealed/expunged. Certain counties do not offer the PTI for first time DUI offense (such 12th judicial circuit in and for Sarasota, Manatee, and DeSoto).  In places like the 12th Circuit, a first time DUI conviction is considered a criminal traffic case and carries a Misdemeanor conviction.  A standard 1st time DUI is a Second Degree Misdemeanor. A DUI with property damage/personal injury is considered an enhanced DUI. They both, however, are considered criminal traffic and just because you have the enhancement it does not mean that one is criminal and one isn't (all things being equal and you not being entitled to PTI).  Additionally, if the damage or the personal injury is severe, the DUI can be filed as a Felony (the level is based on the severity of the injury).  In any event, if you plea No Contest or Guilty to a DUI then you will most likely have a criminal record. 

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.