Re: Dui?

Yes. The tests are not conclusive evience of Dui. In one county in Florida the breath test is not even admissable. But a refusal can be used against you in court.

Re: Dui?

The state has two ways to prove the offense of DUI.

The first is if a person's Blood alcohol content is over .08, the second is that their mental faculties are impaired.

In your husbands case they will be arguing the latter. In support of this they will use evidence like slurred speech, bloodshot/glassy eyes, the fact that he didn't blow hard enough, and how he performed on Field Sobriety Exercises (if administered).

His license was most likely taken from and he only has 10 days to request a hearing to fight that suspension.

Give me a ring and we can chat further, If this is anywhere in the Southern part of the state I would be glad to help, if not I will refer you to the best person in your area.

-Leland 888.524.2426

Re: Dui?

Gello: I just read your question. I do not have time to give a detailed response. I am at my office for a little while on Sun. to get some things done. I have posted several answers here explaining the procedures and the possible sentences for DUI cases. You're free to read them should you desire. If my office can be of assistance in North Fla. please give us a call. Tom Rosenblum

Re: Dui?

Yes. If the officer thinks that your normal faculties are impaired, you can get a DUI without a breat test or any field sobriety exercises. Usually those cases are difficult for the State to prove and an experienced criminal defense attorney can often get the charge reduced to a lesser charge like Reckless Driving.