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DUI Defense
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Hardship License Info.
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Sobriety Tests
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Alcohol Acceleration Factors
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Stages of Intoxication
Law Offices of
Jeffrey A. Herzog, P.A.
3106
ALT US 19
Palm Harbor, FL 34683
Toll Free: (866) 789-4002
Phone: (727) 789-4000
Fax: (727)
789-4002
DUI Defense Attorney & Lawyer legal services for the following
areas:
Palm
Harbor
Clearwater
New Port Richey
Hillsborough County
Pasco County
Pinellas County
Trinity
Safety Harbor
Tarpon Springs
Oldsmar
Odessa
Holiday
Zephyrhills
Port Richey
The longer one
waits to obtain the legal advice and services of an experienced attorney or lawyer
in legal matters; the ability to
achieve a successful or desired result
may be dramatically reduced.
|
Palm Harbor
DUI Attorney
& Lawyer providing professional DUI Defense, Driving Under
The Influence legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities.
 Law
enforcement officers often give individuals who they suspect of
operating a motor vehicle while under the influence of alcohol
or drugs what is known as a
field sobriety test. The results of these tests or exercises
are completely subjective in grading to determine if you are
impaired, and by some, considered exercises of an abnormal nature.
It is the arresting officers discretion that determines
whether or not you have passed or failed the field sobriety
exercises. If you have been arrested, the officer has failed you
regardless of how well you performed. Be mindful of this before
agreeing to perform these tests.
This page is to inform you of the
various field sobriety tests, the subjectivity of those tests, and
the legal provisions regarding these test, including chemical and
physical tests.
The Walk and Turn
This is the exercise
that requires you to stand with one foot directly in front of the
other foot while the officer tells you the instructions of the
exercise, which you have never formally perform before if this is
your first DUI. If you lose balance and move your feet while
listening to the instructions - one point is scored against you. If
you do not then perform the exercise flawlessly - it's another point
scored against you. Receiving 2 points is all that is needed to fail
this test.
In this test, The
Officer is looking for the following:
Balance:
Whether or not you are lifting your arms more than 6 inches from you
side.
Heel to Toe:
Whether or not you your feet touch heel to toe as you walk. Only
1/2 inch space is acceptable. In this test there are nine steps
forward, nine steps back, which gives you 18 chances to fail.
Turning Around:
In this step, the officer is required to demonstrate how you are
suppose to turn around. Often times incorrectly instructed, which
leads to very few drivers doing this step correctly.
One Leg Stand
This exercise requires
the driver to stand on one leg while for 30 seconds. The
driver is not require that the driver count to 30, only hold his
foot up while counting for thirty seconds.
In this test, The
Officer is looking for the following:
Swaying:
While there is no measuring criteria (such as 2 or 3 inches from
side to side) the officer expects you to stand perfectly still or
the officer will assess a point against you.
Using Arms for
Balance: losing your balance only once will cause almost anyone
to sway or raise their arms, which will automatically give you two
points and result in a failed sobriety test.
Hopping: If you
are unable to hop on one leg without loosing your balance, you are
on your way to failing the sobriety test.
Puts Foot Down:
If you set your foot down numerous times during this 30 second
exercise, you will fail the sobriety test.
Horizontal Gaze
Nystagmus
Also known as the
"follow the pen test.". While this test is currently not
allowed in evidence except by specially trained law enforcement
officers, is sometimes used to establish probable cause to arrest
people for DUI. The officer holds a pen or similar object in
front of your face and asks you to follow it with your eyes. The
idea behind this test is that it will show the law enforcement
officer when your eyes start the uncontrolled shaking call nystagmus.
Chemical or
Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S.,
s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S
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Refusal:
Refusal to submit to a breath, urine, or blood test is admissible as
evidence in DUI criminal proceedings. Second or subsequent refusal
is a misdemeanor of the first degree.
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Driver License
Suspension Periods: First refusal, suspended for 1 year. Second
or subsequent refusals, suspended for 18 months.
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Commercial Driver
License Disqualification Periods: First refusal in a commercial
motor vehicle, disqualified for 1 year. Second or subsequent
refusals in a commercial motor vehicle, disqualified permanently. No
hardship reinstatement permitted.
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Forceful Withdrawal
of Blood: If necessary, blood may be withdrawn in DUI cases
involving serious bodily injury or death by authorized medical
personnel with the use of reasonable force by the arresting officer,
even if the driver refuses.
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Unconscious:
Any person who is incapable of refusal by reason of unconsciousness
or other mental or physical condition shall be deemed not to have
withdrawn his consent to such test. A blood test may be administered
whether or not such person is told that his failure to submit to
such a blood test will result in the suspension of his privilege to
operate a motor vehicle.
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Portable Alcohol
Breath Testing Devices: Authorized by s.322.2616, F.S.,
for persons under the age of 21. Reading is admissible as evidence
in any administrative hearing conducted under s. 322.2616, F.S.
As a law firm providing experienced
DUI
defense attorney
& lawyer
legal services in Palm Harbor, Clearwater, New Port
Richey or Southwest Florida, we are committed to
protecting the legal rights of each and every client, while always
striving to provide
the highest standard of legal representation.
 If
you have been charged with a DUI
crime in
Palm Harbor,
Clearwater, New Port Richey or Southwest Florida, contact an experienced
dui attorney
& lawyer at
the
Law Offices of Jeffrey A. Herzog, P.A., today by calling
Toll Free: (866)-789-4002
/
Locally:
(727) 789-4000,
or
email with any questions, comments, or concerns,
or to schedule a confidential legal consultation.
 If you require professional legal advice and
representation in
Palm Harbor,
Clearwater,
New Port Richey, and surrounding Southwest
Florida counties, make sure your legal rights
are protected by seeking the legal advice of an
experienced attorney & lawyer.
Contact
the
Law Offices of Jeffrey A. Herzog, P.A., today by calling
Toll Free: (866)-789-4002
or
Locally at
(727) 789-4000
to schedule a confidential legal consultation.
Call Us Now Toll Free: (866)-789-4002
/ Locally: (727) 789-4000
Palm Harbor
DUI Attorney
& Lawyer providing professional DUI Defense, Driving Under
The Influence legal services in
Palm Harbor, Clearwater, New Port
Richey, and
the surrounding Southwest Florida communities. |
