Use our FREE Online Case Evaluation Tool to review your DUI case and learn what potential defenses you may have

Your FREE online DUI case evaluation

This isn’t one of those “give us your phone number so we can call you” forms... This is a REAL case evaluation. It will give you some insight into your case, showing how serious your situation is (or isn’t!) and revealing any obvious potential defenses. If you’d prefer to talk to a lawyer right now, call (813) 940-4300

How Serious a Charge are You Facing?

The reason why we start with this information is because prosecutors treat repeat DUI offenders much more harshly than first-time DUI offenders. Among other things, they may ask for increased penalties if you were involved in an accident, had a suspended license, had children in the car. By filling in the information below, you'll get a more accurate picture of how serious your situation may be.
Prior to this current case, have you ever refused to take a breath, blood, or urine test?
Was anyone in your car younger than 18 years old?
How old was the youngest person in the vehicle?
Did you have a valid drivers license?
Were you driving a commercial vehicle?
Why was your license suspended? (Check all that apply)
Were you involved in an accident?

Your Driving

Now that you've reviewed the details about your prior history, it's time to begin identifying the potential issues in your case. Let's start with the potential defenses involved with the driving portion of your DUI.
Did the police see your vehicle moving?
Why didn't they see you driving?
Did you see the police car behind you BEFORE they turned on their lights?
What did the officer use to make you stop? (Check everything that applies)
How long did it take you to respond and stop your vehicle?
Where did you stop your car?

Issues Arising from the Accident

Since your case involves an accident, there may be some issues that make your case much more serious than other DUI cases. Here are a few more things I'll need to know before I can tell you how serious your case is:
What was involved in the accident? (Check everything that applies)
How much damage did you vehicle receive? (Check everything that applies)
How seriously were you injured? (Check everything that applies)
Where were you hurt? (Check everything that applies)
What medical care did you receive? (Check everything that applies)
Was anyone injured in the accident? (Check all that apply)
How seriously were they injured? (Check everything that applies)

Parked Car Issues

Since your case involves a parked car, you may have a very strong defense. I've helped lots of clients avoid DUI convictions because of issues arising in these types of cases. Here are a few more things I'll need to determine the strength of your potential defense:
Did you roll down your window?
What happened before you rolled down your window? (Check all that apply)
Who opened your door?
What happened before your door was opened? (Check all that apply)
What woke you up? (Check all that apply)

Good News: You Have a Potential Defense

Based on some of the facts you gave me, you may have a strong defense to your DUI case. I'd like to be able to speak with you to clarify some details, but it looks like I may be able to file a Motion to Suppress to attack the evidence in your case.

Your Initial Contact with the Police

The officer made notes about your balance, response times, and coordination in the police report. They will often magnify every minor issue they observe, then claim it proves you were illegally impaired. Often, there are legitimate reasons why you don’t look “perfect,” and these can make the affect whether or not you’re convicted of a DUI.
Which documents did you give to the officer?
Did you have any difficulties providing the documents? (Check all that apply)
Did you have any difficulties getting out of your car? (Check all that apply)
What types of shoes were you wearing?
Are your physical limitations medically documented?
Are your mental or emotional limitations medically documented?

The Field Sobriety Tests

Not everyone is a good candidate for the field sobriety tests, and the police don't always administer the tests properly. In this section, we'll discover any potential problems with your case related to the roadside tests.
Did the officer tell you the Field Sobriety Tests were voluntary?
Did the officer say or do anything to make you feel the tests were mandatory?
What did the officer say would happen if you didn't take the tests? (Check all that apply)
Did the officer ask if you wanted to remove your shoes to take the tests?
Did you remove your shoes?

Issues with the Horizontal Gaze Nystagmus (the “pen test”)

Did the officer explain what you should do to pass the test?
Did you have any difficulty understanding his instructions?
Do you have a natural nystagmus in either eye?
Do you have any other issues with your eyes?
Did the officer leave his flashing red and blue lights on during the test?
Were the lights flashing in your eyes during the test?
Did you keep your head still during the test?

Issues with the “Walk and Turn” test

Did the officer explain what you should do to pass the test?
Did the officer demonstrate what you should do to pass the test?
Did you have any difficulty understanding his instructions?
Where did you walk on the line?
What did the officer use for the straight line?
How do you think you did?
Did you remain on the line the entire time?
Did your hands remain at your side the entire time?
Did you walk “heel-to-toe” on every step?
Did you keep your balance the entire time? (Check all that apply)

Issues with the “One Leg Stand” test

Did the officer explain what you should do to pass the test?
Did the officer demonstrate what you should do to pass the test?
How long did the officer keep his foot raised?
Did you have any difficulty understanding his instructions?
How do you think you did?
Which foot did you raise?
How many times did you put your foot down?
How many seconds passed before your foot dropped down? (Best guess)
Did you keep your balance the entire time? (Check all that apply)

Issues with the “Finger to Nose” test

Did the officer explain what should do to pass the test?
Did the officer demonstrate what you should do to pass the test?
How do you think you did?

Some good news...

The National Highway Traffic Safety Administration created the training manuals for the field sobriety exercises. In their original 1977 and 1983 studies, they determined that standardized field sobriety tests were unreliable for people over age 60. This is reflected in the National Highway Traffic Safety Administration manual from 1991. In 2006 it was changed to age 65, however, this was not based upon any additional data. (Luckily, I still have the old manual to use during trial).

A recent British study indicates that the breakpoint for reliability on field sobriety tests is the age of 40, (Philip R. Dixon, Tony Clark, Brian Tiplady, Evaluation of a Road Side Impairment Test Device Using Alcohol, Accident Analysis and Prevention, 41 (2009) 412-418). This is more consistent from a medical perspective (think about it, there aren't many professional athletes in their 40's). Therefore, we may be able to argue that field sobriety tests should not be relied upon in your case because of your age.

Did you have any difficulty understanding his instructions?
Did you touch your finger to your nose each time?
Did you use the correct hand each time?
Did you return your hand to your side each time?
Did you keep your balance the entire time? (Check all that apply)

Issues with the “ABC’s” test

Did the officer explain what you should do to pass the test?
Did the officer say the ABC’s?
Did you have any difficulty understanding his instructions?
How do you think you did?
Is English your first language?
What is your first language?
Did you recite the entire alphabet correctly? (Check anything that applies)
Did you keep your balance the entire time? (Check all that apply)

Potential Driving Impact from a DUI conviction

How far is your commute?
How many miles do you drive each month?
Do you have children you pick up from school, the bus stop, or daycare?
All of these licenses, clearances, and professions are affected by a DUI conviction. Please check all that apply.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Wilcox Law Firm
620 East Twiggs Street, Suite 304
Tampa, Florida 33602

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