7 Things Prosecutors Look for in a PBC DUI

1. 7 Things Prosecutors Look for in a PBC DUI Driving under the influence (DUI) can have severe consequences, both legally and in your personal and professional life. If you're facing a DUI charge in West Palm Beach, understanding what prosecutors look for can significantly help your defense. Quick Tips: What Prosecutors Examine in DUI Cases 1.Blood Alcohol Content (BAC) 2.Field Sobriety Tests 3.Physical Appearance and Behavior 4.Eyewitness Testimonies 5.Incriminating Statements 6.Prior DUI History 7.Video and Photographic Evidence Blood Alcohol Content (BAC) and Its Legal Repercussions The Blood Alcohol Content (BAC) level is usually the cornerstone of any DUI case. Prosecutors lean heavily on this quantitative measure to establish intoxication. A BAC level of 0.08% or higher is generally considered over the legal limit in Florida. To understand the specifics of the law, you can check the official Florida DUI Statute. How they collect it: Breathalyzer, blood, or urine tests. • Timing: The closer the test is to the driving time, the more substantial the evidence. • Field Sobriety Tests and Their Legal Weight The prosecutors often utilize the results of field sobriety tests to build their case. These tests may include the Horizontal Gaze Nystagmus, Walk-and-Turn, and the One-Leg Stand tests. You can read more about DUI tests on the Wikipedia page. Types of tests usually administered. • How failing these tests affects your case • Physical Appearance and Behavior: More Than Looks Physical appearance and behavior at the time of arrest can also play a role. Slurred speech, bloodshot eyes, and a smell of alcohol can be used as evidence against you. How prosecutors describe your behavior • The role of police reports in detailing your physical appearance •

2. Eyewitness Testimonies: The Silent Accusers Witness accounts can be impactful, especially if they testify to seeing you driving erratically or engaging in risky behavior. Who can be an eyewitness: other drivers, pedestrians, or even passengers in your vehicle. • How their account can influence the case • Incriminating Statements: Your Words Can Harm You Anything you say during the arrest can be used against you. It's crucial to be cautious with your words. Typical statements that can harm your case • Why you should remain silent or speak minimally during the arrest • Prior DUI History: Past and Present Collide A prior history of DUIs can severely affect your current case, often resulting in harsher penalties or a quicker conviction. The statute of limitations on past DUI offenses in Florida • How prosecutors use your DUI history as leverage • Video and Photographic Evidence: The Unalterable Truth Footage from police body cams or traffic cameras can serve as solid evidence. This form of evidence is generally difficult to dispute. Types of video footage prosecutors may use • Why this evidence is compelling • Hypothetical Case Imagine you're stopped for a DUI in West Palm Beach. The police administered a breathalyzer test, showing a BAC of 0.1%. You also fail the field sobriety tests, and there's footage from a traffic camera showing erratic driving. Witnesses from a nearby vehicle confirm your behavior. You make the mistake of saying, "I only had a couple of drinks. I'm fine," which is used against you in court. Additionally, you had a DUI conviction five years ago. Given these seven factors, the prosecution will likely have a strong case against you. Key Takeaways • BAC levels are crucial evidence Field sobriety tests often weigh heavily • Physical appearance and behavior matter • Eyewitness accounts can be very impactful • Be careful with your statements during the arrest • Prior DUIs can exacerbate the situation •

3. Video evidence is compelling and hard to dispute • How LeRoy Law Can Assist You Here at LeRoy Law, we understand DUI cases' stress and complexities. We are committed to defending your rights and guiding you through the legal maze you may find yourself in. We offer tailored strategies to meet your needs and circumstances if you are facing a DUI charge in West Palm Beach. Visit LeRoy Law for DUI defense to learn more about how we can help you. Frequently Asked Questions 1.Can medical conditions affect a BAC test? Yes, certain medical conditions can falsely elevate BAC readings. Conditions such as diabetes and hypoglycemia can be factors. 2.What if I refused to take a field sobriety test? Refusing to take the test can result in immediate license suspension but can sometimes make it harder for prosecutors to prove their case. 3.Is a DUI automatically a felony in Florida? No, a DUI is generally a misdemeanor unless there are aggravating factors, like prior convictions or causing severe injury. 4.What is the "implied consent" law? By driving in Florida, you automatically consent to chemical tests (breath, blood, urine) when lawfully arrested by a police officer who believes you have been driving under the influence. 5.Are field sobriety tests consistently accurate? No, many factors like medical conditions, weather, and even footwear can affect your performance on these tests. Disclaimer LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [561.290.2730] if you have any questions or require legal assistance. #LeRoyLaw #JoshLeRoy #WestPalmBeach #WestPalmBeachCriminalAttorney #DUI #FloridaDUI #BloodAlcoholContent #FieldSobrietyTests #EyewitnessTestimony LeRoy Law, Josh LeRoy, West Palm Beach