A conviction for Driving Under the Influence can have far reaching detrimental effects.  Not only does it carry minimum mandatory penalties such as the scar of a permanent conviction and attendance at alcohol awareness and driving schools, but it requires a driver’s license suspension of no less than six months.  In Miami-Dade County, which has such sparse public transportation, the license suspension alone can cause a person to loose their job and more.  

Brian Barakat and Bruce Jacobs have prosecuted and defended hundreds of Driving Under the Influence cases. DUI’s present unique questions of fact and science.  Most prosecutors will agree that intoxication is one of the most difficult things to prove. 

Intoxication can be proven by a number of different categories of evidence.  A person’s driving pattern, road-side exercises, the results of a breathalyzer test, statements made to the police and other observations all go into the states case.  Much of this evidence can be suppressed if the police fail to follow proper procedures or exercise their authority for improper reasons. 

However, the case law which discusses DUI and dictates when various aspects of a driving under the influence case can be suppressed is often unpublished or published in less mainstream publications.  The attorneys at Barakat, Jacobs & Associates, P.L. are constantly reviewing and reevaluation the changing law and determining how it can best server our client’s interest.  

What’s more, the nuances of roadside exercises are something the attorneys at BJA have studied extensively.  For example, the first roadside exercise most officers perform is know as the Horizontal Gaze Nystagmus test or “HGN”.  This refers to the subtle bouncing of the eye that becomes more prominent as a person drinks more. 

(1) Minimum Mandatory Penalties for a First DUI

•  Fines of $250 to $500. If you have a BAC of .20 or higher, or were driving with a minor in the car, your fine will be anywhere from $500 to $1000.
•  Community service. Mandatory 50 hours, or an additional fine equaling $10 per required hour.
•  Probation of no more than one year.
•  Jail time of at least eight hours, but could last up to six months. For BAC of .20 or higher, the sentence could last nine months.
•  Vehicle impoundment for 10 days (not counted during your incarceration)
•  Driver license revoked for a six month minimum

(2) Road Side Exercises given when an officer suspects

•  The Walk and Turn
•   The suspect is directed to stand in position while being given instructions.  Then take nine steps forward, touching heel to toe on each step.  Rotate 180 degrees while leaving one foot planted and then return another nine steps back.  All steps must be one the designated line.
•   The officer looks for the suspect to:
  -  fail to maintain stance while listening to the instructions
  - swaying, falling or stepping off the line
  - taking the wrong number of steps
  - failing to turn properly
•  The Finger to Nose 
•  The suspect places his feet together, head back and arms fully extended straight out.  The officer then directs the suspect to touch his finger to his nose calling left or right as he chooses. 
•  The officer looks for the suspect to:
  - sway or fall
  - fail to touch finger to nose
  - use the wrong hand
•  Romberg Balance 
  - The subject stands erect with feet together and eyes closed
•  The officer looks for the suspect to:
  - sway or fall
  - lift their hands
  - separate their feet
•  HGN - Horizontal Gaze Nystagmus 
  - HGN is the involuntary jerking of the eyes toward the center.  This occurs naturally in all people but becomes more pronounced when some one is unbalanced.  One thing that causes a person to become unbalanced is drinking. However, it is not the only thing. 
  - A police officer can observe HGN during a road side exercise where the officer moves a pen or a stylus in front of a persons eyes and asking them to follow it as it moves left to right.  A trained officer can determine a persons blood alcohol level by how soon a persons eye starts to jerk back to the center.  
  - If the eye starts jerking sooner than 45 degrees from center, it indicates a blood alcohol level of greater than .05.
  - Blood alcohol level can be determined by a breathalyzer test or by accurate application of the HGN test.  However, results gained from the HGN test are only admissible if there is a breathalyzer test that confirms the HGN tests results.  Brian Barakat conclusively established that rule in Suarez v. State Cite.

(3) Blood Alcohol Level In Florida, a person in presumed intoxicated if they have a blood alcohol level of .08 or higher.  A person is presumed not intoxicated if they have a blood alcohol level of .05 or less.  If a person has a blood alcohol level between .05 and .08 it is up to a jury or a judge to determine if the suspect is intoxicated or not.  

Blood alcohol level can be determined by a breathalyzer test or by accurate application of the HGN test.  However, results gained from the HGN test are only admissible if there is a breathalyzer test that confirms the HGN tests results.  Brian Barakat conclusively established that rule in Suarez v. State Cite.

Call Barakat, Jacobs & Associates, P.L. for a consultation or send us an e-mail. We can evaluate your case today.