Coco River, FL DUI Law Firms & Lawyers

You mentioned that you obtained a lawyer, I suppose my first question to you is have you discussed your concerns with your lawyer, as he/she would be in the best position to discuss your case. You did not state whether you submitted to a breath test, it sounds like you did not based upon what you wrote. If you submit to a breath test the results will either show you were not impaired as defined by a BAC under .08, or you were presumed impaired if BAC was over .o8.  If you refuse the breath test you give up the opportunity to show that your BAC was under .08.  As for the questions, field sobriety tests, and breath test, the law is clear that you are not entitled to a lawyer for field sobriety testing or breath testing. The only time you are entitled to a lawyer is during questioning. The officer should have read you your miranda rights before asking you any questions. however any spontaneous statement made by you which was not in response to a question, is evidence,  and not protected by Miranda. Most police have a video tape rolling in in the breath testing room and any statements made should be on tape. With regard to your passing or believing you passed the field sobriety tests, there are six to eight clues related to each test that determine whether you passed or not. These tests are divided attention tests and designed to not only assess your physical ability but also your mental ability to listen and follow direction, something which decreases with impairment. Many people believe they passed the field sobriety tests but actually failed based on the assessment criteria.  

This all depends on his availability to testify as a witness and the contents of incident report with regards not only to the content but to the judge's determination of its admissibility. It is also possible that law enforcement may still try and get the video tapes of the breath test and field sobriety tests admitted as evidence. You should not take any action and/or inaction based on this information. You should consult with a local attorney in person as soon as possible regarding these matters.

Florida doesn't care if you are driving or?moving; the issue is whether you are in "actual physical control". Most Judges say that if you are asleep in a car (front or back seat) and the keys are in the cabin then you re in APC.