By: Miami DUI Lawyer Albert Quirantes
A man in no fit state to drive was allegedly outside a 7-Eleven store when he found he had locked himself out of his vehicle. A local sympathizer called police based at Vero Beach to come to the scene to help him. The police unlocked the man’s auto. Once the police had gone he immediately drove off straight to a McDonald’s drive through.
When the cops first arrived at the scene it was noticed that the man, Sunil Nair, reeked of alcohol and was unable to keep steady on his feet. Before unlocking his car the officer requested to see his driver’s license which is police policy. The man’s black Kia was unlocked but the officer shut the ignition off and told him not to drive.
Nair didn’t stay complacent about his state and admitted to drinking too much at a bar and did not think he was in a fit state to drive and would find his way home on foot.
He subsequently walked off but in no more than 5 minutes later was back getting into the seat of his car and driving off. It wasn’t long before he was stopped at McDonald’s on U.S. 1 offering his driver’s license in lieu of dollars for his purchase. He was arrested for DUI after an on-the-spot breath test revealed a BAC reading of from 0.174 to 0.171 which rates at more than double the legal limit. It was also reported that Nair had taken part in sobriety exercises, which he could have refused but did not.
The police did give Nair the benefit of the doubt when they initially left the scene, assuming that he would not drive home but wait to pick up his car when in a more sober state. As it turned out, no accident took place which is quite a surprise for someone with such a high BAC reading. In this case the reading might well have been accurate and Nair may have no defense when he turns up in court. But he will never know whether the machine complies with the applicable rules and whether it was functioning properly unless he employs an experienced DUI lawyer to help him with his case.
On-site breath testing and sobriety tests are notoriously unreliable when providing readings of BAC levels. The breathalyzers have to be well serviced and the person who is carrying out the test should be well trained on how the device is used and read and licensed prior to using it. Typically, with sobriety tests, as the link between performance in sobriety tests and the judgment made by the officer conducting the tests do not necessarily come up with the correct observations of the participant’s behavior. A person accused of DUI needs an experienced Florida DUI criminal defense lawyer to separate fact from fiction when it comes to keeping the prosecution from providing unreliable evidence to enable a conviction.
This means, “lawyer up” if you are suspected of DUI. Don’t speak unless it’s to ask for a lawyer, just produce your license, registration and insurance. The less tests and exercises you perform and the less you say, the less evidence you are providing against yourself. These are your constitutional rights under the 4th, 5th and 6th amendments of the U.S. Constitution. You are not going to be rewarded for your good performance on these tests, only you most minute imperfections will be noted to try to make a case against you.
If you are arrested, when you are released, call your DUI lawyer to start your defense immediately. The longer you wait, the worse it will be for you and for your lawyer to help you. You only have 10 days to try to save your driver’s license. Your DUI attorney will arrange for the immediate return of your license and will likely challenge the suspension at a formal review. But, that’s only if you hire your DUI defense lawyer within ten days of your arrest. And remember: “Keep your DUI attorney’s number on speed dial!”
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If you have any questions about this or any other DUI or criminal defense accusation, call Miami DUI Defense Lawyer Albert Quirantes at: 305-644-1800 or visit our homepage www.DUIfirm.com for a direct link to the office or a text message or a map and directions to our office.