Drunk driving charges are often bolstered at trial by breath test results or blood-alcohol evidence obtained shortly after a traffic stop. Accordingly, it is usually in the best interest of the individual facing the charges to try to get the evidence excluded from trial. A Florida man recently attempted to do this at his retrial for DUI manslaughter. The conviction at the first trial the man went through was thrown out after it was discovered that a juror failed to disclose that his former wife had been arrested for DUI.
Getting arrested and charged with drunk driving carries with it oftentimes incredibly steep consequences. From license suspensions to time in jail, even first-time offenders can find themselves facing life-changing penalties for what might have been a simple mistake. But although some people here in Florida might think that their life is over because of a DUI charge, an offer of a lighter sentence might be the chance a person needs in order to redeem themselves and pass on an important lesson to other people as well.
There are several ways in which law enforcement may seek to determine the blood alcohol level of someone suspected of drunk driving. The method that probably comes to mind for most Orlando area residents is a breath test, utilizing a breathalyzer. There are many reasons this test is commonly used including the fact that it can be administered at the scene. Other tests, such a urine or blood cannot be conducted on the scene.
Most residents of Orange County are likely aware that sometimes severe consequences go along with a drunk driving conviction. People may not be aware however that depending on the circumstances surrounding an arrest, penalties may be assessed even without a conviction. A woman recently arrested in nearby Volusia County is experiencing this first hand.