Many times, people drive after consuming alcohol, and are stopped by police. Even though one may have broken the law, one is still guaranteed the right to suppress evidence that is improperly obtained when one is arrested for that DUI. If one has been in a situation like this, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.
According to First Coast News, The St. Augustine Police Department filed DUI charges against Theresa Long, who has been convicted of DUI five times before. Long crashed her car on July 4, shortly after the fireworks ended in St. Augustine. Long’s car rolled three times before coming to a stop in Nobby’s parking lot on the north shoulder of Anastasia Boulevard near Gerado Street. The results of the blood draw from Long showed her blood alcohol level at the time was 0.125. The legal limit in the state of Florida is .08.
When a blood test is requested or required in a <a href="https://www.jacksonville-attorney.us/lawyer-attorney-1323993.html"DUI case in Jacksonville, stringent procedures must be followed when extracting, labeling, storing, transporting, and testing the accused’s blood sample. The Florida Administrative Code governs the procedures for blood testing in Florida. Under that code, a medical professional or authorized technician must abide by the following procedures when collecting, extraction, and labeling blood samples:
– Before collecting a sample of blood, the skin puncture area must be cleansed with an a non-alcohol antiseptic.
– Blood samples must be collected in a glass evacuation tube that contains a preservative such as sodium-fluoride and anticoagulants such as EDTA (ethylenediaminetetraacetic acid) or potassium oxalate.
– Immediately after collecting the sample, the tube must be inverted several times to mix the blood with the preservative and anticoagulant.
– Blood sample tubes must be marked with the name of person tested, the date and time the sample was collected, and initials of the person who collected the sample.
Many times, the individual taking the blood sample may have intended to act in compliance with the Administrative Code; however, one should not suffer because the blood sample taken was not preserved properly, contaminating the evidence and thus hindering one’s ability to defend oneself.
If one has more than three DUI convictions, one’s license will be suspended for life. Driving on a permanent suspension is a third-degree felony and is punishable for up to 5 years in prison. The vehicle one was driving can be seized under Florida law if the vehicle was used in the commission of a felony, or if one was driving the vehicle on a DUI suspension and got a new arrest for a DUI.
The court is required to order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at that time for 90 days. The impoundment must not occur at the same time the offender is incarcerated and must happen simultaneously with the driver’s license revocation.
Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.
The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Sources: DUI charges filed against 5-time DUI offender, First Coast News