Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: DUI

Our client drove his car into a TECO power pole causing $30,000.00 worth of damage. Luckily, he received minor injuries as a result of the crash. The client was asked to perform field sobriety testing and according to the Hillsborough County Sheriff's Deputy he showed a number of clues of impairment. After being arrested for DUI he was transported to the Hillsborough County Jail where he submitted to a breathalyzer exam. His results were .121 and .128. The legal limit in the State of Florida is .08. During depositions the officers who first encountered the driver acknowledged that he wasn't in the driver's seat. It is not impossible for the State Attorney to prove someone was driving a vehicle where they are found outside the car, but the fact that the driver was found outside the vehicle can create problems. Here, he admitted driving before the officer actually started conducting his DUI investigation. In Florida, there is an accident report privilege which allows driver's to answer the officer's questions about a crash without it being used against them later. Usually the officer notifies the driver that he is switching hats from an accident investigation to a criminal investigation. What is more critical than notifying the driver that you are switching hats is notifying them of their Miranda rights. Here, there was no admission of driving after the Miranda rights were read to the driver. He spoke to the police officer about other things, but not about driving. This small fact made prosecuting our client for DUI impossible. If you have been arrested for DUI and you have any questions about whether the officers followed proper procedure you can call us at 813-228-7095 or link to us at Tampa Criminal Attorney.