Florida DUI and DWI Legal Questions

Most officers do not like the dash cams or don't like to record how they conducted the FST. Commonly, the FST will be performed outside of the view of the camera. Most officers will say that it just didn't record the FST or for some reason the recording device was not on, tape was lost, ect. This is not a reason for the case to be dismissed or a violation of your rights. However, it would be relevant in a jury trial and the jury can decide if there was or was not something to hide. If you are being charged with DUI, you should consult and retain a local DUI attorney. This may be one defense that you have to the charges.... Read Answer

You will have a court date and opportunity to explain why you failed to appear for probation.  In the future you could have called the probation officer instead of simply not showing up.  If you have proof of your family emergency show the court. You are technically in violation, and therefore I would  admit the violation,and ask the court to let you give an explanation. Then ask that you be allowed to continue on probation. Show remorse and tell the judge that this wont happen again. If you deny the violation the state will have an easy time proving, because either you reported or you didn't.... Read Answer

The blood alcohol score is going to be based on the alcohol in you system at the time of the test. It is not unlikely that the scores are the same or the blood test taken 45 minutes later may be under the field test. It is going to be determined by the amount of alcohol you consumed prior to the administration of the test.... Read Answer

It could be higher, it could be lower. The answer to your question depends on many factors, namely when you started/stopped drinking and how fast alcohol is absorbed into your blood (different for everyone). The PAS breath test is inherently unreliable. It can be falsely high or low. The blood test, 45 minutes later might be higher than your BAC was while you were driving (rising BAC defense). If the blood test has a lower result, you can challenge the accuracy of the breath results. Consult with a DUI attorney immediately. You also only have 10 days from the date of your arrest to set up a DMV hearing! This important step could save your driver's license. Good luck!... Read Answer

If the numbers are identical there is a strong likelihood that you were absorbing and/or shifting from absorption into elimination which means that breath numbers are likely overstated. You need a lawyer and a forensic toxicologist and likely a jury trial to walk away from this defensible case.... Read Answer