West Palm Beach and Fort Lauderdale DUI Attorney
As a former police officer with six years patrol experience, DUI and criminal attorney Jay M. Arnesen received the same police training as officers today and knows firsthand the issues and available defenses in DUI cases. These issues include probable cause for motor vehicle stops, standardized field sobriety tests, breath tests (Intoxilizer 8000) and blood tests. His in-depth knowledge and experience allows Arnesen Law, P.A. to successfully challenge many DUI arrests based on lack of probable cause, improperly administered standardized field sobriety tests, improper breath tests, failure by the state to provide discovery, as well as other errors.
If you have been charged with driving while intoxicated driving under the influence (DUI) of alcohol and/or drugs, you are facing severe penalties including jail, suspension of your driver’s license, fines, and an ignition interlock device on your vehicle. At Arnesen Law, P.A. criminal attorney Jay M. Arnesen has successfully defended clients charged with DUI and refusal by carefully analyzing every aspect of the police officer’s actions that led to the arrest. The police aren’t perfect in any case and there are always defenses available to you. Armed with these defenses, DUI lawyer Jay M. Arnesen exploits and challenges the weaknesses in the State’s case.
Pompano Beach and Boca Raton DUI Attorney
There are several aspects of a DUI stop and arrest that need to be closely examined by an experienced Pompano Beach DUI attorney These include:
- The Stop: Did the officer who stopped you have reasonable suspicion or probable cause to do so? Did you violate any laws while operating your vehicle?What clues suggested that you were impaired? Did the officer smell the odor of an alcoholic beverage emanating from your breath? Were your eyes watery and bloodshot? Was your speech slurred? If not, the officer may not have had probable cause to stop and arrest you, which could result in your case being dismissed.
- Standardized Field Sobriety Tests (SFST): There are three field sobriety tests that officers should use when determining if someone is impaired. They are: the horizontal gaze nystagmus, the one-legged stand and the walk-and-turn. If any one aspect of these tests is administered improperly, the results are flawed and are not acceptable. Proving that the field sobriety tests were flawed could result in the drunk driving charges being dismissed against you. DUI defense attorney Jay M. Arnesen was trained as to how to properly administer and interpret standardized field sobriety tests.
- Breath Tests/Intoxilizer 8000: When giving a breath test, police officers must follow proper procedures and protocol to ensure that the test results are scientifically reliable. It is also imperative that the Intoxilizer 8000 breath testing machine is properly maintained and has up-to-date certificates. Our firm has successfully challenged improperly administered breath tests and blood tests, which resulted in the dismissal of the charges against our clients.
- Blood cases: In all blood cases, your lawyer must challenge chain of custody of all persons who touched or took possession of your blood sample. If the State can’t prove chain of custody, the evidence will be thrown out. Additionally, your lawyer must make sure the blood sample wasn’t tainted when by the nurse or technician cleaned your skin prior to drawing blood. Next, your lawyer must review all of the State’s laboratory certificates to make sure the machines used to analyze your blood were in proper working order. Finally, your lawyer must review the curriculum vitae (resume) of the State’s scientist to make sure they had the proper training and experience to analyze your blood.
There are several other standardized field sobriety tests that are scientifically unreliable even though they are still commonly used by police. These tests include, saying the alphabet, counting numbers backwards, finger-to-nose, closing your eyes with head tilted back and many others. If you were arrested for DUI and asked to perform standardized field sobriety tests, call criminal attorney Jay M. Arnesen now for a free case analysis.
Contact Us for free consultation now
At Arnesen Law, P.A., criminal attorney Jay M. Arnesen is dedicated to helping clients defend their rights after being charged with drunk driving. A DUI or refusal is serious and you need to speak with an experienced Broward County and Palm Beach County DUI lawyer now. Contact DUI attorney Jay M. Arnesen to schedule a free consultation.