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Florida Drivers Arrested for DUI Due to Malfunctioning Alcohol Test

Apr 26, 2012

Lakeland, FL (Law Firm Newswire) April 25, 2012 – In Florida the legal blood alcohol or breath alcohol level of .08 or greater is how police determine if a driver is intoxicated.

A driver suspected of DUI or DWI may be subject to a field sobriety test conducted by a police officer. During a field sobriety test, a motorist may be subjected to a series of tests. Horizontal Gaze Nystagmus (HGN) is an involuntary twitching of the eye that occurs at sharp peripheal angles. It occurs at lesser angles when someone is intoxicated. The officer generally monitors that motion with a small flash light.

The Walk and Turn (WAT) and One Leg Stand (OLS) check the drivers motor skills and balance. If an officer has pulled over a motorist for suspicion based on something like failure to use headlights and a driver shows no signs of intoxication based on a field sobriety test, the driver may possibly be released without a DUI charge.

Unfortunately, for many Florida drivers, in spite of their sobriety they were charged and convicted of a DUI based on a faulty breath-testing machine used by police officers across the states called the Intoxilyzer 8000.

Thus far, inspectors have found that nearly 40 percent of the 230-plus machines in use are giving erroneous readings. Sarasota and Manatee counties publicly announced that they would not use the readings from the machine as evidence in more than 100 pending DUI cases.

“That is good news for the drivers in that county that are expecting a fair trial. Unfortunately, many drivers in the past now have undeserving DUIs on their driving record,” said Polk County DUI lawyer, Thomas Grajek.

“Once you have a DUI charge in Polk County you are facing possible jail time, indefinite suspension of your driving privileges, and could face other related charges,” Grajek said.

The Polk County DUI attorney also explained how the consequences can go far beyond the court room. For drivers that live in rural areas where public transportation is not available, the ability to maintain a job can be jeopardized by losing their license.

Drivers that do regain their driving privileges will pay considerably higher car insurance rates, which may force them to accept lower coverage limits. A post DUI insurance premium is especially taxing in the State of Florida, which boasts one of the highest auto insurance rates in the country.

“When facing a DUI charge, it is important that you are represented by an experienced attorney that knows the system and has represented many DUI cases throughout their career,” said Polk County DUI attorney, Thomas Grajek.

Thomas Grajek is an aggressive criminal trial attorney with experience in the courtroom who will speak up in court for his clients.
For more information about Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Thomas C .Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
Phone: 863.688.4606

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