One of the most often committed crimes is "Driving Under the Influence" (DUI). Approximately 1,500,000 people are convicted of this offense yearly. The State of Florida asserts a conviction rate in excess of 92%.
Is it a serious offense? The statutes almost universally permit a jail term to be imposed, suspension of driver's license, educational programs, probation and community service. In many states, conviction for DUI or "Driving While Intoxicated" (DWI) can also result in the seizure or forfeiture of the car, a long-term or permanent criminal record and a substantial increase in insurance rates when the driving privilege is restored. The penalties become much more severe for repeat offenders.
Many people erroneously believe that to be charged with DUI/DWI. automatically results in a conviction. Nothing could be further from the truth. There are hundreds of sound defenses; almost any case can be won!
Fertile areas of attack include the Law Enforcement Officer's (LEO), observations of the defendant's driving, the observations of the defendant, any and all roadside tests or exercises, admissions attributed to the driver and any breath, urine or blood test. Additionally, there are many instances in which impaired driving may be legal, such as driving a seriously injured person to a hospital, escaping from a danger you did not create and scores of other illustrations.
Evidence of apparent "guilt" can often be suppressed, excluded, limited or explained away. Highly skilled DUI/DWI attorneys can usually find a way.