My client was pulled over by an officer of the Lakeland Police Department DUI squad. After taking the field sobriety tests, the driver was placed under arrest for DUI. In Polk County and Florida, it is only after you have been placed under arrest for driving under the influence that the police or sheriff can request a breath test and suspend your driver’s license if you refuse to submit to testing.
My client was read “Implied Consent’ by the Lakeland police officer. In Florida, by accepting the privilege to drive a vehicle, a driver also consents to submit to breath testing on an approved breath test machine. In Polk County the Intoxilyzer 8000 is the breath test instrument for DUI arrests. Whether this is an “approved” instrument is being challenged throughout the state of Florida. The “Implied Consent” warning is when the officer informs you that he is requesting a breath test for the purposes of determining the alcoholic content of your blood. If you refuse this breath test, your license will be suspended for a year. If your license has been previously suspended for refusing the breath test, the driver’s license suspension is increased to 18 months. Finally, if you have previously refused the breath test, refusing a 2nd time to submit to breath or urine testing is an additional crime. Refusal to submit to testing is a misdemeanor.
My client asked the DUI cop for clarification of the Implied Consent warning. The suspected drunk driver asked numerous questions which clearly showed she was not impaired. The Lakeland police officer gave the suspected driver incorrect information regarding the law and license suspension. Because of this, the breath test sample of 0.189 and 0.183 were not freely and voluntarily given, but were instead coerced. Therefore, I moved to suppress the breath test result on these grounds.
Once I filed the motion, the prosecutor had no choice, but to concede I was correct on the law. The motion to suppress the breath test results was granted and the breath test results were thrown out of court. This means that a jury would never hear that my client was offered a breath test or that the driver blew over twice the legal limit of 0.08.
You need an experienced DUI attorney to defend you in court. DUI cases are very complicated and technical. There is a lot of science involved in these cases. You need an aggressive DUI defense lawyer that will get your video, stay up-to-date on the latest issues and case law for DUI’s so that you get the best defense to your criminal charge.
You also want to hire an attorney actually located in Polk County. Numerous attorneys that advertise on the internet are not actually located in Polk County. They put up case results from counties other than Polk County, but don’t tell you that. They send other attorneys to go to your court dates! When you hire me, you know I will be standing beside you in court fighting for you!
Time is of the essence in a DUI case. You only have 10 days to request a Formal Review of the "Implied Consent” suspension of your license so call my cell phone now.
Thomas C. Grajek DUI lawyer cell phone 863-838-5549
Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, Poinciana, and Lake Wales.
Polk County Case 2012-Ct-008**6-LD, Lakeland, FL, Breath Test results suppressed November 2012.