Daytona Beach Criminal Lawyer Blog

During a traffic stop, the officer asked you out of your vehicle to perform "Field Sobriety Tests". What do these tests mean? Below is a brief explanation to the purpose of these tests. Field sobriety tests are physical and mental agility exercises that D.U.I. suspects are requested to perform by an investigating officer. In our legal system an officer needs probable cause to make a D.U.I. arrest and these field sobriety tests are one piece to the probable cause puzzle. Police Officers have a wide variety of "tests" they can administer to a D.U.I. suspect, however most use the walk and turn, the one leg stand, and the finger to nose test. These common tests are self explanatory by name and even the casual observer can see that the officers seem to be testing the suspects coordination levels. What most people don't know are that the officers are also testing your ability to follow instructions during the explanation and execution of these tests.
Even before you begin the tests, the officer is observing your behavior for D.U.I. indicators, like how straight you are standing and how alert you seem while the instructions are being read to you. Perhaps the most cited "indicator" that officers claim is a lack of the ability to follow instructions. Many times a suspect is so eager to prove their innocence, they will start the test before being told to do so and often will miss a seemingly innocuous detail. Sometimes it's something really small like starting with the left foot first when told to use the right foot. If this happens, the officer will state, " the suspect had a hard time following instructions due to being intoxicated", and use this against you in a trial.
The moral of the story is to remain calm, alert, and to listen to every detail during a D.U.I. investigation. Any encounter with a police officer usually triggers the "fight or flight response", and a D.U.I. investigation can be nerve racking. Remember that your every action is being observed and that an officer is not only testing your coordination, but your ability to listen and follow instructions.
If you were recently arrested on the charge of Driving Under the Influence and would like to speak to an attorney about your D.U.I. case, please contact The Law Office of Bundza & Rodriguez, P.A.

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University of Florida wide receiver, Frankie Hammond, was arrested for Driving Under the Influence in the early morning hours of Sunday, June 13th. Hammond, a 20 year old wide receiver, was stopped by authorities for allegedly swerving and driving faster than 45 mph in a 20 mph zone. When police made contact with Hammond they observed him to appear "uncoordinated" with bloodshot, glassy eyes and slurred speech. Suspecting Hammond was DUI, officers asked him to perform field sobriety tests to aide their investigation.

After evaluating his performance on the sobriety tests, UPD officers arrested him for Driving Under the Influence and requested Hammond give a breath sample. Hammond consented to the breath tests, which are used to determine your blood alcohol level. He supplied two breath samples of .188 and .191, both of which are more than double Florida's legal limit of .08. Officer's also reported that they found open bottles of whiskey while searching the vehicle.

Hammond was released from Alachua County Jail on his own recognizance. The University of Florida is currently suspending him from all team activities.

Continue reading "Another Florida Gator arrested for DUI in Gainesville" »

Volusia County criminal defense attorneys are claiming that breath tests administered by the Volusia County Sheriffs Office are invalid and must be thrown out. The basis for the attorneys' argument is that Volusia County Sheriffs Officer, Sergeant Edward Bowman, has not taken a basic course certifying him to operate the newest Intoxilyzer 8000 breath test machine. Sergeant Bowman, who is listed as the agency inspector for the Volusia County Sheriffs Office, is responsible for ensuring that VCSO's Intoxilyzer 8000 machines are in compliance with the Florida Department of Law Enforcement's standards.

Volusia County attorneys argue that Bowman, who was previously retired for five years, never took the required 16 hour course certifying him to maintain and operate the newer Intoxilyzer 8000 machines. Based on Bowman's lapsed certification, every breath sample taken by these VCSO machines are invalid and must be excluded from evidence. Due to the volume of D.U.I. arrests in Volusia County, hundreds of cases may be affected.

The State Attorney's Office responded that Bowman did take a four hour refresher course thus satisfying the requirement. They also note that Sergeant Bowman has been properly trained to operate the outdated Intoxilyzer 5000, which was taken out of service several years ago.

The crux of the defense attorneys argument is that Sergeant Bowman can not be responsible for maintaining an instrument that he was never trained on. If he was required by law to become certified, and has failed to do so, the breath test results will most likely be unreliable. If that happens, the results may not be allowed in as evidence. The consolidated motions filed by various defense attorneys will be heard soon by a county court judge.

Does this mean that all D.U.I. cases involving Sergeant Bowman will be thrown out if the judge suppresses the breath test results? Most likely not. Florida's Driving Under the Influence statute, 316.193, allows the prosecution to prove a D.U.I. one of two ways. They must show that the defendant was in actual physical control of a vehicle with a blood alcohol level above .08 or that while in control of a vehicle the defendant's normal faculties were impaired. To put it simply, the State Attorney can still prove a charge of Driving Under the Influence if the Officer observes indicators of impairment. We've all witnessed the D.U.I. indicators officers use to determine if someone is Driving Under the Influence: bloodshot eyes, odor of alcohol, slurred speech, unsteady gait, etc. So even if the breath tests that Sergeant Bowman collected are suppressed, the State Attorney may still go forward with criminal charges. However, this does not mean that these motions are not without merit. In the world of criminal defense every piece of evidence included or excluded is important to the outcome of a case. In the day of technology and television dramas, jurors rely and find merit in these breath test results. If successful with the motions, Volusia County criminal defense attorneys will have taken away a lot of ammunition from the prosecution's D.U.I. cases.

If you were recently arrested on the charge of Driving Under the Influence and would like to find out if this issue affects your D.U.I. case, please contact The Law Office of Bundza & Rodriguez, P.A.

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