A Stuart Florida DUI is no different than a DUI anywhere else in the State of Florida. Whether the State can prove the elements of a Stuart Florida DUI is up to the jury that is deciding the case. That is why it is important to hire a Stuart Florida DUI lawyer that is experienced in handling DUI Trials. A Stuart Florida DUI must be proven by the State Attorney beyond and to the exclusion of all reasonable doubt. A Stuart Florida DUI can be proven in either or both of 2 ways:
Stuart Florida DUI Normal Faculties
First, you can be convicted of a DUI if you are intoxicated to the extent that your normal faculties are impaired. Normal Faculties that are considered in a DUI case would include but are not limited to a person’s ability to walk, talk, follow directions, physical appearance and ability to operate a motor vehicle. Every Stuart Florida DUI Case is different and some normal faculties may appear more impaired than others in each Stuart Florida DUI. Usually there is a video tape in a Stuart Florida DUI case of at least the roadside tests and often of the driving pattern as well. The Stuart Florida DUI Video is often the best or worst evidence in a DUI case. Most people have seen an impaired person and most will be able to look at a Stuart Florida DUI video and form an opinion on whether or not the driver is DUI.
Stuart Florida DUI, Breath or Blood Alcohol Level
Another way that a Stuart Florida DUI can be proven is by establishing that a driver has a blood or breath alcohol level of a .08 at the time that they are driving. This .08 is the same calculation that is used whether it is breath or blood being tested. The means of testing is very different. In a Stuart Florida DUI case, Blood can be drawn by consent, by warrant or even without a warrant in certain circumstances. But most commonly, a breathtesting instrument is used to determine the breath alcohol content. If you have been arrested for a Stuart Florida DUI, contact the Ferraro Law Group and let us put our experience to work for you.