Polk County Dui Lawyers

Eight Questions Every Polk County DUI Attorney Should Ask

At Musca Law, we have found there are eight questions we need to ask before we prepare a DUI defense for one of our clients. These questions are essential if we are to prepare a solid defense before Polk County prosecutors.

Was our client actually the driver?

We expect the prosecuting attorney to attempt to prove that you were the driver of the car. It is not illegal to be a passenger in a car while legally intoxicated. If our client was arrested for a DUI after an accident, we want to challenge any evidence and present the prosecutor from proving that our client was in actual physical control of a motor vehicle.

Was there probable cause for stopping you?

An officer must present probable cause for stopping you anywhere in Polk County. Unless this can be demonstrated, any evidence that is obtained can and will be suppressed. A non-driving violation is typically not a legally acceptable pretext for pulling you over.

Were you read your Miranda rights?

This is a basic right in Polk County and elsewhere in Florida. If you weren’t read your Miranda rights, Musca Law’s DUI attorney will seek suppression of any incriminating statements you may have made.

Were you warned about the consequences of failing to take the tests requested?

Florida law expects police officers to advise you of the consequences if you refuse to take a breathalyzer or roadside sobriety tests. Officers are also required to give the tests correctly. If the office fails to give you the warning, this can affect whether the Department of Motor Vehicles has the right to suspend your driving privileges.

Were you really “Under the Influence”?

A police officer’s observations and opinions are subjective. Behavior that can be explained in another way may be wrongly ascribed to your being “under the influence.” If an officer assumes that you are intoxicated, he or she will make observations based on this assumption. Musca Law’s Polk County DUI attorneys believe these observations are always worth questioning.

Were your breathalyzer readings accurate?

We have already discussed the multiple problems associated with Breathalyzer tests on this blog before. The readings are prone to multiple problems. Questioning these results is always worth pursuing.

Are your blood alcohol results accurate?

Blood alcohol tests aren’t always accurate. A number of factors can produce inaccurate blood alcohol readings. If alcohol swabs are used to prepare the blood draw site, they can impact the results. The failure to use preservatives and anti-coagulants or exposure to bacteria can also cause inaccurate results. It has been recognized that blood drawn hours later may not reflect an unlawful level at the time the driver was in actual physical control of a vehicle.

Do you have medical issues?

False high alcohol readings are common in diabetics, individuals on low-carb weight loss diets or individuals who have acid reflux disease. Anyone with physical issues, such as Tourrette’s syndrome, knee or hip joint disease or neurological conditions may display symptoms similar to those seen with intoxication.

At Musca Law, we consider these questions seriously in preparing your defense. We don’t consider only one potential defense. We consider every angle. If you have been arrested for DUI in Polk County, we are going to pursue your rights aggressively. Contact the Polk County, FL DUI lawyers at our firm today.