Legal and Scientific Issues in a Hillsborough County DUI
The direct and collateral costs of a DUI usually exceed $20,000. Higher auto insurance rates account for much of that total. Usually, a DUI causes auto insurance rates to at least triple. Some of the cost is intangible. For example, many companies don’t hire people with DUI convictions as a matter of policy, because insurance is so expensive. Other employers have informal policies. They believe, often rightly, that people who drink and drive make poor decisions.
A Tampa DUI lawyer works hard to reduce or eliminate these direct and collateral costs. A successful resolution is a process, not a result. This process begins with a thorough case evaluation that identifies all possible defenses. Next, the legal team identifies holes in the state’s case that can be exploited at trial. Finally, a Tampa criminal defense lawyer advocates for you, in the courtroom and around the negotiating table.
Legal Matters
Prosecutors must establish guilt beyond any reasonable doubt. That’s such a high burden of proof that a slight reduction in the amount of available evidence usually makes it impossible for the state to convict a DUI defendant.
Legal arguments include Fourth and Fifth Amendment violations. Under the Fourth Amendment, officers must have reasonable suspicion to detain motorists, at least in most cases. Basically, reasonable suspicion is an evidenced-based hunch of criminal activity. Police officers cannot detain motorists because they don’t “look right.”
Illegal interrogations, which violate the Fifth Amendment, are very common in DUI matters. Legally, officers must apprise defendants of their constitutional right to remain silent before they begin custodial interrogation. “Custody” means the person doesn’t reasonably feel free to leave. Most people don’t feel free to leave when they see flashing lights in their rear view mirrors.
Under current law, defendants must clearly assert their Fifth Amendment rights to preserve them. If a suspect answers any questions, such as the tried-and-true “have you been drinking,” the defendant most likely waived his/her Fifth Amendment rights.
Any evidence officers obtain as a result of illegal activity, such as a confession or a chemical test result, is inadmissible in court.
Scientific Matters
Chemical tests, such as the Breathalyzer, are based on shaky scientific foundations. So are the three officially-approved field sobriety tests.
A 202s Breathalyzer is an updated version of a 1920s Drunk-O-Meter. Both devices use breath alcohol levels to estimate blood alcohol content. Police Breathalyzer techs usually point out the modern Breathalyzer’s advanced features as proof that it’s a reliable instrument. But a 1920s TV set with a fancy remote control is still a 1920s TV set.
Breathalyzer calibration could be an issue as well. All the Berathalyzer’s moving parts must work together perfectly to produce an accurate result. Furthermore, the Breathlyzer must account for temperature difference, both air temperature and the defendant’s body temperature.
Frequently, a Tampa criminal defense lawyer works with a chemist or other such expert to point out these scientific flaws to jurors.
Such testimony is also useful when challenging the field sobriety tests. These tests have almost no scientific basis. The DUI eye test is a good example.
During the HGN (horizontal gaze nystagmus) test, officers look for involuntary pupil movements at certain viewing angles. Intoxication causes nystagmus. But a childhood brain injury is, by far, the leading cause of nystagmus.
Because of such issues, many Hillsborough County judges only allow prosecutors to use HGN test results in limited situations.
Count on a Hard-Working Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.
Source:
forbes.com/advisor/legal/dui/how-much-dui-cost/
