Is DUI a Felony in Florida?
In the state of Florida DUIs are generally treated as a misdemeanor offense. However, a person can be charged with a felony DUI if:
- There is a child in the car.
- This is the third DUI offense within 5 years.
- This is the fourth or more DUI offense
- This offense severely or fatally injures someone else.
Over the years, Attorney Albert J. Sauline, III has successfully represented many clients facing both misdemeanor and felony DUI criminal charges throughout Panama City, Florida.
Florida Implied Consent Law
Before discussing whether you should submit to a Field Sobriety Evaluation (FSE), it is important to determine whether you are obligated by law to do so. Field Sobriety Evaluations are often confused for blood or breath alcohol testing samples, though they are quite different.
For example, Florida Statute 316.1932 states one is deemed to consent to submission of a breath or blood alcohol sample simply by having a Florida driver’s license, with failure to submit resulting in a 12-month administrative driver’s license suspension and a second or subsequent refusal resulting in a misdemeanor criminal prosecution for such refusal, as well as an 18-month administrative suspension.
This would include:
- Breath tests
- Blood tests
- Urine tests
Standardized Field Sobriety Tests
The Standardized Field Sobriety Test (SFST) consists of 3 individual tests:
- Horizontal Gaze Nystagmus (HGN) test - Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs as the eyes gaze to the side, which is exaggerated when a person is under the influence of alcohol. For this test, the officer will slowly move a pen or small object back and forth to look for indicators in each eye that the person is impaired.
- Walk-and-turn test - the officer will instruct the person to take about nine steps, touching heel-to-toe in a straight line, and then return back. Some of the signs the officer are looking for include not being able to keep their balance, starting before the instructions are finished, or not following the instructions properly.
- One-leg stand test -For this test, the person will be asked to stand with one foot off the ground and hold until told to put it down. The officer is looking for swaying, hoping, or using their arms to balance.
Field Sobriety Evaluations, however, are not included,
which means that you are not legally obligated to comply. Failure to submit to a Field Sobriety Evaluation will not, in and of itself, result in a driver’s license suspension nor a separate criminal charge, which further differentiates such from a breath or blood alcohol sobriety test.
What are Factors to Consider When Deciding to Take an FSE in Florida?
The results of Field Sobriety Evaluations are subjective, as there are several factors that contribute to an individual’s performance. The accuracy of FSE’s is questionable and can often lead to “false positives.”
Factors to consider:
- Fear and nervousness of being pulled over
- Surrounding environment: lighting, noises, ground condition, weather, etc.
- Driver’s fatigue
- Clothing that restricts mobility
- Potential language barriers between the driver and officer
- Physical conditioning of the driver: size, weight, gender, etc.
If any of these factors are a concern to you, the best response is to openly discuss them with the officer. Most all law enforcement agencies will record the roadside performance of FSE’s, so any jury will listen to whatever you say to the officer regarding such issues while watching your performance on the FSE’s.
If you have any concerns regarding your Field Sobriety Evaluation, you should contact an experienced DUI Lawyer in the Panama City area. Attorney Albert J. Sauline, III can help answer any questions you may have regarding your DUI case, defending your rights throughout your DUI proceedings.
The Importance of a Strong Defense Strategy
When facing DUI charges, having a solid defense strategy can make all the difference in the outcome of your case. At Albert J. Sauline, III Attorney at Law, we understand that every situation is unique, and we tailor our approach to meet your specific needs. Our experienced team will meticulously analyze the circumstances surrounding your arrest, including the legality of the traffic stop, the accuracy of breathalyzer tests, and any potential violations of your rights.
Here are some key components of an effective DUI defense strategy:
- Challenging Evidence: We will scrutinize all evidence presented against you, looking for inconsistencies or errors that could weaken the prosecution's case.
- Identifying Procedural Errors: If law enforcement made mistakes during your arrest or the testing process, we can leverage these missteps to your advantage.
- Negotiating Plea Deals: In some cases, negotiating a plea deal may be the best course of action. We will work diligently to secure the most favorable terms possible.
- Exploring Alternative Sentencing: If a conviction seems unavoidable, we can advocate for alternative sentencing options that may minimize the impact on your life.
- Providing Support and Guidance: Navigating the legal system can be overwhelming. Our team is here to guide you through every step, ensuring you feel informed and empowered.
Don't leave your future to chance. Contact us today to schedule a consultation and learn how we can help you build a robust defense against DUI charges in Panama City Beach, FL.
Why Hire Attorney Sauline For Your DUI Case
As a former prosecutor and skilled litigator, Attorney Sauline has the training and prowess to handle even the most incriminating DUI cases. He is not afraid to challenge evidence, including field sobriety test results. He will carefully review your arrest's details for the most vigorous defense. As your DUI attorney Panama City representative, no stone will be left unturned.
The law firm has an established reputation for delivering individualized representation that is always ethical and honest. No empty promises are made here.
When you hire Attorney Sauline, you get Attorney Sauline. Your case will never be passed to another DUI attorney or paralegal around Panama City. Look at how some past clients have benefited from the firm’s unparalleled services.
Contact a Skilled Panama City DUI Attorney Today
A DUI conviction could endanger your driving rights and appear on your record. Don’t consider giving up hope just yet. Seek the firm’s reliable and trustworthy DUI defense services without hesitating. Your DUI case can become a thing of the past.
Contact Albert J. Sauline, III Attorney at Law today to get started on your defense with a DUI lawyer located in Panama City.
