The Law Office of Hoot Crawford, P.A.
A Law Firm Proudly Providing Legal Services to Citizens in Panama City, Bay County, Florida and the surrounding Counties in the legal areas of Criminal Defense, Family Law, Civil Litigation, and DUI.

Gathering of evidence against you began with the officer observing your vehicle for "cues" of impaired driving, such as:

Driving on or over lane markings (center or right);

Driving slower than the speed limit;

Failing to signal lane changes or turns;

Turning with a wide radius;

Following too closely;

The officer then observed your actions in pulling over, looking for evidence of:

Failing to notice the signal immediately;

Taking too long to pull over;

Pulling over too soon (unsafely);

Parking your vehicle improperly;

Having difficulty with controls (ignition, gears, windows)
A competent DUI attorney will always look for a challenge to the lawfulness of the stop. If probable cause for the stop is questionable, the case may be dismissed or the charge reduced through negotiation.

The officer also observed your appearance and behavior for:

Odor of an alcoholic beverage on your breath or person;

Nervousness and fumbling for your license or paperwork;

Slurred speech;

Inappropriate or unusual behavior (arguing, crying, pleading).

Admissions of drinking or taking prescription or even over-the counter drugs are strong evidence. Some drivers believe the officer will let them go if they "cooperate" by admitting to having "only a couple." THIS IS NOT THE CASE.

Your constitutional rights include the right to remain silent, and to speak with an attorney before questioning. If you exercised these rights, you did the right thing. If the officer continued to question you after you invoked your rights, the court may suppress your statements, and a competent defense attorney may be able to negotiate a reduction of the charge.

The officer gathered evidence as you stepped from your vehicle; watched for signs of poor balance, such as using the vehicle for support, or using your arms to balance as you stand or walk. Next, the officer likely had you perform field sobriety tests to gather further evidence against you.

You have two opportunities to provide a breath sample: a preliminary breath test (PBT) at the scene, and a formal, "legal" test at the station.

The PBT is voluntary. Its purpose is to confirm the officer's suspicion and to establish probable cause for your arrest. The results are generally not admissible in court as most PBT devices are not sufficiently reliable under court standards.

If prior to taking the PBT you had recently consumed mints, gum, mouthwash, cough syrup, used an inhaler, or regurgitated alcohol, a false positive reading could have given the officer probable cause to arrest. The arrest can be challenged.

The formal breath test occurs at the station. In Florida, the implied consent law presumes your consent. If you refuse the test, your license may be revoked for at least one year if you do not prevail at the licensing hearing and at least two years if you do not prevail in court.

If you took the test and failed, driver's license suspension lengths and occupational license eligibility are based on factors too numerous to discuss here. You have the right to request a hearing to contest the license suspension or revocation, but strict time limits apply. You have 10 days to request a hearing. If you'll call our office, we'll assist you in getting that hearing..

If you refuse the test, the prosecutor will emphasize your refusal as evidence of guilt at trial, and may be less inclined to negotiate a reduction. You need competent counsel to determine whether your refusal was actual, knowing and informed, and if not, to challenge the refusal evidence.

If you took the test, the prosecutor must show the officer followed proper procedures. Hoot Crawford is one of very few attorneys that own the Intoxicator 5000 and the Intoxicator 8000. These areas present opportunities to attack the admissibility of the result, and to negotiate a dismissal or reduction of the charge. A competent DUI attorney knows the equipment, and is current on developments in breath test procedures, laws and challenges. Other defenses not mentioned here may apply to your case.

Do not make the mistakes many others make after a DUI arrest. Call me for a free consultation. Do not delay. If you want to contest suspension of your license, there are strict time limits for requesting hearings.