June 2013 – No DUI conviction when knee injuries prevented client from performing field sobriety exercises

Tampa DUI lawyer helps client avoid DUI after poor performance on walk-and-turn field sobriety exercise due to bad knees.

If knee or back injuries affected your performance on the field sobriety tests, you should talk to a Tampa DUI lawyer today.

Quick summary of the Tampa DUI case: Client was found inside a private gated community (where he didn’t live), parked halfway off the road. He performed poorly on the field sobriety exercises, but told the DUI investigator that he had significant damage to his knees due to work-related problems. After arrest, client became very hostile, and yelling profanities into the video camera in Central Breath Testing.

DUI defense: Despite what some people think, you can get arrested for DUI on private property. But to legally arrest you for DUI, the police need to prove that they had “probable cause” that you were impaired by alcohol. In this case, I was able to show the prosecutor that some problems existed with the client’s ability to perform the physical sobriety exercises, and also show some problems with the request for breath testing. Using these weaknesses, I was able to help the client avoid a DUI conviction and get the case reduced to Reckless Driving.

Results: Client avoided a DUI conviction.

How this helps your Tampa DUI case: If you had any difficulties performing the field sobriety exercises, we may be able to convicare convicted of a DUI with a high BAC (anything over .15 BAC is considered “enhanced” in Florida), you will be required to have an ignition interlock device installed in your case. But in many cases, we can get this requirement waived through pre-trial motions or pre-trial negotiations. In some cases, we can even get the case reduced to a reckless driving. Every case has defenses. Some may be stronger than others, but every case has issues that can be attacked and may lead to a better resolution. Every case is different, so you should speak with an experienced Tampa DUI attorney who has the knowledge and is willing to invest the time preparing the case to see if there are any chances of avoiding jail or avoiding a DUI conviction.

If you were arrested for DUI, no matter how bad the case looks, don’t ever plead guilty without first talking to a Tampa DUI lawyer. There may even be a way that can get your charges dismissed, but you’ll never know unless you fight your charges by talking to a Tampa DUI attorney. Please call me at (855) THE-DUI-GUY (855-843-3844) TODAY to discuss how I can help.