Legal Question in DUI Law in Florida

You are under the legal limit and depending on the other facts of your case you may be able to fight this charge in trial or possibly try to negotiate a reckless driving charge instead of the DUI.

You may want to consult an attorney as soon as possible about your case, especially if you are trying to avoid your license being suspended.

I would be happy to discuss your case with you free of charge in more detail. I can be reached at 877 706 8745.

You may not receive a punishment at all. Get a lawyer immediately so that your consequences will be minimized.

There are two different methods by which the State can prove a DUI. One is a breath reading in excess of .08. However, even if, as in your case, you are below an .08, the State can get a conviction for DUI if they prove that you were "under the influence to the extent your normal faculties were impaired." In other words, they can still get a DUI conviction even though you are below the .08 limit.

However, that is certainly good evidence in your favor. You may be able to pursued the State to give you a reckless rather than a DUI, which has certain advantages. If you would like to talk about your case further, I would be happy to talk to you. Give me a call, or e-mail me at [email protected].

You need an attorney ASAP. Polk County will prosecute and try to convict you whether they have a good case to do so or not. You blew below a .08. Juries understand that the state relies on this number to determine whether you were under the influence of alcohol or not. They usually hold the state to that standard, unless there is some other proof that you were snockered at the time of your arrest. You have a choice- spend the money on a good attorney or accept a conviction that will follow you a lifetime. I would choose the former. Give me a call if you want to. You can find me at www.donwaggonerlaw.com.