Frequently Asked Questions

Below are some commonly asked questions regarding DUI, Drug and Criminal Defense. For specific questions, please call (954)745-5848 to schedule an appointment.

Q: I was arrested for a DUI. I blew over a .08. Does that mean that I am guilty?
A: Not necessarily. The United States Constitution prohibits the State from creating a presumption of guilt. The reading from the breathalyzer is just one piece of evidence for the jury to consider. The State of Florida uses the Intoxilyzer 8000 for DUI cases. The machine is far from perfect. Click on the link to see exactly how inaccurate the Intoxilyzer 8000 can be. Wonder Bread Creates .045 Reading on Intoxilyzer 8000. Special thanks to Stephen Daniels with DUI Undo Consultants.

Q: The police asked me to take a urine test. I did and I showed up positive for a controlled substance. Does that mean that I am guilty?
A: Once again, the State is prohibited from creating a presumption of guilt. Drug DUI cases are difficult for the State to prove. The problem with urine testing is that there is no correlation between what is detected in the urine and what is in the blood. The only thing that matters for a DUI prosecution is what is in your blood. Additionally, the accuracy of the test also depends on the laboratory testing procedures. Urine testing is a horrible way to try and prove impairment. Their urine results need to be viewed together with the DUI video, if available, to see exactly how strong the State's case is.

Q: I refused to take the breathalyzer test. Does that mean that the State has no proof?
A: Not necessarily. The officer will be permitted to testify as to your behavior and actions that made him believe that you were impaired. Additionally, the officer will be permitted to give his opinion as to whether you were impaired. It is possible to be convicted of a DUI without a breath test.

Q: I was arrested for DUI Serious Bodily Injury(or manslaughter) and the police took a blood sample. How accurate are blood tests?
A: A blood test is fairly accurate if it is done properly. An extensive amount of work and scientific knowledge is necessary to defend these types of cases. You need to speak with an attorney who knows the issues regarding flaws in blood testing procedures and you may have to hire an expert to review the scientific discovery.

Q: My first court date is coming up. Do I need to have an attorney by my first court date?
A: You are not required to have an attorney for any stage of your proceedings. You are permitted to represent yourself. However, representing yourself is almost always a very bad idea. If you are in custody, your first court date is called your first appearance which is a non-adversarial proceeding. The Judge determines if there is probable cause and sets your bail. The second hearing is called an arraignment and that is where you are informed about the nature of the charges against you, you enter a plea and the court advises you of your right to counsel. If you have an attorney, this hearing can be waived with a written plea of not guilty. I do not believe that it is ever a good idea to go into court without an attorney.

Q: I am looking for an attorney to represent me. How do I know who to hire?
A: The biggest issue in an attorney client relationship is trust. You need to feel comfortable with that attorney representing you. You should ask any prospective attorney questions about his or her trial experience, how long the attorney has been practicing criminal defense and, if applicable, the attorney's knowledge with regard to any scientific evidence or specialized area of knowledge.

Related Information

The informational provided is not to be construed as legal advice.
Nothing herein shall constitute the formation of an attorney client relationship.
The facts of your case are unique. It is important that you discuss those facts with a competent criminal defense attorney.