Legal Question in Criminal Law in Florida

Re: dui pending trial

Yes of course.The law is either over a .08 or impairment as evidenced by your driving pattern and conduct.

Re: dui pending trial

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, the breath test is only one of the tests used to determine your condition and whether or not you were drunk. Many jurisdictions take video of you on the road while you take roadside coordination exams including the finger to the eye, walking a straight line with one foot in front of the other, asking you to recite the alphabet backwards, etc. and they also will video you in the station. The officer is able to testify about how you were driving (weaving, slow speed, etc.), your eyes being bloodshot, blurred speech, and your general condition. It is then up to the court to review all the evidence and testimony and determine whether or not you were drunk.

Scott R. Jay, Esq.