Central Florida DUI Defense Attorney

What Does the State Have to Prove?

Under Florida law, a person may be charged with DUI when accused of driving or being in actual physical control of a vehicle while:

• Their normal faculties were impaired by alcohol, a controlled substance or certain chemical substances; or
• Their blood-alcohol or breath-alcohol level was 0.08 or higher.

A DUI case does not necessarily depend upon a breath-test result. Prosecutors may also rely on driving behavior, body-camera video, statements, field sobriety exercises, witness accounts and an officer’s observations.

Likewise, a reading of 0.08 or higher does not eliminate every potential defense. The legality of the stop, testing procedures, equipment records, observation periods and the reliability of the evidence may all require examination.

DUI Charges Involving Alcohol, Medication or Drugs

Florida DUI charges are not limited to alcohol. A person can be arrested based on allegations involving illegal drugs, controlled substances, prescription medication or a combination of substances.

The fact that a medication was legally prescribed does not automatically prevent an arrest. However, the prosecution must still connect the substance to impairment and prove the other elements of the charge.

Drug-related DUI cases can present significant evidentiary questions. Unlike alcohol cases, there may not be a single numerical result that establishes whether someone’s normal faculties were impaired. The defense may need to examine toxicology evidence, officer observations, body-camera footage and whether medical conditions or other innocent explanations affected the investigation.

A DUI Defense Begins With the Traffic Stop

Law enforcement generally cannot stop a vehicle based on a hunch. The officer must have a legally sufficient reason for initiating the stop, such as an observed traffic violation or reasonable suspicion of unlawful activity.

Jerry Jenkins reviews the circumstances leading up to the pullover, including:

• What the officer allegedly observed;
• Whether video supports the written report;
• How long the officer followed the vehicle;
• Whether the alleged driving behavior justified the stop;
• What happened during the initial conversation; and
• Whether the investigation was unlawfully extended.

If the stop or detention violated the law, the defense may be able to seek suppression of evidence obtained afterward.

Field Sobriety Exercises Are Not Pass-or-Fail Tests

During a DUI investigation, an officer may ask a driver to perform roadside exercises. These exercises are frequently described as “tests,” but their results depend heavily on the officer’s observations and interpretation.

Performance can be affected by factors unrelated to alcohol or drug impairment, including:

• Injuries or physical limitations;
• Age, weight or medical conditions;
• Uneven pavement;
• Poor lighting;
• Weather conditions;
• Footwear;
• Confusing instructions; and
• Nervousness or fatigue.

Body-camera and patrol-car video can be particularly important. The recording may confirm the officer’s account, contradict it or show details omitted from the arrest report.

Breath, Blood and Urine Evidence Can Be Challenged

Chemical-test evidence is technical evidence. Its reliability may depend on whether the test was lawfully requested, properly administered and supported by the required records.

Depending on the facts, an attorney may investigate:

• Whether the officer complied with required procedures;
• Whether an appropriate observation period occurred;
• The maintenance and inspection history of the instrument;
• Whether the test operator held the proper permit;
• Whether the samples were collected and handled correctly;
• Whether two breath samples were sufficiently consistent; and
• Whether medical or environmental factors could have affected the result.

A result displayed by a machine should not be accepted without examining how it was obtained.

Florida’s Implied-Consent Law and Test Refusals

Florida’s implied-consent law can impose separate consequences when a driver refuses a lawfully requested breath, urine or blood test. A refusal can result in an administrative license suspension and may be introduced as evidence in the criminal case. Florida law can also impose criminal consequences for a refusal, depending upon the applicable circumstances and history.

Refusing a test does not prevent an arrest or guarantee that the DUI charge will be dismissed. The prosecution may attempt to prove impairment using video, field sobriety exercises, driving behavior, statements and officer observations.

Because the rules governing breath, urine and blood testing are not identical, the legality and consequences of a particular request must be evaluated based on the facts.

The Criminal Case and License Suspension Are Separate

A Florida DUI arrest may produce both:

1. A criminal case prosecuted in court; and
2. An administrative suspension handled through the Florida Department of Highway Safety and Motor Vehicles.

Winning one proceeding does not necessarily resolve the other.

A driver generally has only 10 days after receiving notice of an administrative suspension to request formal or informal review. Depending on eligibility and the circumstances, a driver may instead have the option to waive review and seek immediate reinstatement of restricted driving privileges after satisfying applicable requirements.

That choice should be made carefully. Accepting restricted reinstatement generally waives the right to challenge the administrative suspension through formal or informal review.

Possible DUI Defense Strategies

There is no single defense that applies to every DUI prosecution. Jerry evaluates the individual facts to determine whether the evidence can be challenged.

Potential issues may include:

• Lack of a lawful basis for the traffic stop;
• Unlawful extension of the detention;
• Insufficient evidence that the accused was driving or in actual physical control;
• Officer observations contradicted by video;
• Improperly administered field sobriety exercises;
• Medical explanations for alleged signs of impairment;
• Problems with breath-testing procedures or equipment records;
• Improper collection or handling of blood or urine evidence;
• An unlawful test request;
• Inconsistent witness statements; or
• Insufficient proof that alcohol or drugs impaired normal faculties.

The goal is not to force every case into the same defense strategy. It is to identify the weaknesses that exist in the specific evidence against you.

DUI Penalties Can Extend Beyond the Courtroom

The consequences of a Florida DUI conviction depend on several factors, including prior convictions, the alleged alcohol level, whether a minor was in the vehicle and whether the incident involved property damage, injury or death.

Possible consequences include:

• Jail;
• Probation;
• Fines and court costs;
• Driver’s license suspension or revocation;
• DUI school and substance-abuse evaluation;
• Community service;
• Vehicle impoundment or immobilization;
• Installation of an ignition-interlock device;
• Increased insurance costs; and
• Employment or professional-licensing consequences.

Because each case is different, potential penalties should be evaluated using the actual charge and the person’s history.

Experience Evaluating DUI Investigations

Jerry Jenkins is an experienced trial attorney and former military policeman. His law-enforcement background gives him practical insight into how officers observe, investigate and document suspected impairment.

He reviews the entire sequence of events—not merely the final breath reading or the arresting officer’s conclusion. That includes the initial driving pattern, the basis for the stop, roadside questioning, field sobriety exercises, chemical testing, body-camera footage and the handling of evidence.

Jerry also looks beyond the immediate criminal charge. A DUI can affect a person’s ability to drive, work and support a family. His objective is to protect the client’s rights while pursuing the strongest outcome available under the circumstances.