DUI, FL, 0.064 BAC, Failed FST

[studiousgator]

What is the name of your state? FL

I have no crminal record up this point at ALL.

My car was parallel parked on the street, and as I was trying to get out, I hit a car (fender bender)--at about 5 mph.

Shortly after the police came, they administered a FIELD SOBRIETY TEST because they smelled alcohol on my breath. The tests conducted were 1.) walk on line with arms extended, 2.) touch nose with eyes closed.

Based on the results of these tests, (I failed to pass the first one) he issued me a DUI citation, and booked me. At that station, I blew a 0.064, which is BELOW the legal limit of 0.08. He asked me if I wanted to take a Urine test, which I said No.

I have no prior criminal record at all, am a university student, and some of these facts might be important:

1.) I have cataracts in both of my eyes (MEDICAL RECORD), a lot more in my left eye--thus my vision the dark in that eye is greatly reduced. The scene was not too lit for me to see comfortably.

2.) I have prehypertension (higher blood pressure) (MEDICAL RECORD) in doctor's offices, clinics, and serious situations that cause anxiety. I remember I was on the verge of panicing and was VERY nervous when taking the FST.

3.) I was VERY tired as I did not have much sleep the previous night, and I was VERY NERVOUS (and almost shaking) when taking the FST.


Do you guys think I have a strong case? Any suggestions? My first step is to get a LAWYER.

I can tell you what NOT to say to the judge concerning your drinking and driving:

1.) I have cataracts in both of my eyes (MEDICAL RECORD), a lot more in my left eye--thus my vision the dark in that eye is greatly reduced. The scene was not too lit for me to see comfortably.

2.) I have prehypertension (higher blood pressure) (MEDICAL RECORD) in doctor's offices, clinics, and serious situations that cause anxiety. I remember I was on the verge of panicing and was VERY nervous when taking the FST.

3.) I was VERY tired as I did not have much sleep the previous night, and I was VERY NERVOUS (and almost shaking) when taking the FST.


Getting in a vehicle with those three conditions AFTER drinking is not smart.

The drunk driving will be proven by all kinds of evidence...the breath test is just one piece of evidence.

[studiousgator]

I failed the FST, I think pretty bad. At the station I blew a 0.064, and I was asked if I wanted to take a Urine test--which I refused b/c he said its optional.

This is my first criminal offense. I am attending college with great grades. I failed the field sobriety test, I think pretty badly. I was shaking like crazy, and was very nervous....so that's a big blow.

I'm talked to a lawyer, and he talked about the possibility of settling with the Prosecutor to reduce this to a "WRECKLESS DRIVING" charge. Does this happen often? He seems like a top-notch lawyer. He's charging $6000 (flat rate)--pass or fail still 6 grand. Is this too much?

If I am convicted, what are the typical penalties in Florida for someone like me--ie: college graduate, high gpa, rarely drinks, no drugs. I've just been able to locate the range of penalties (minimum to maximum), but any insight to what will probably happen will be appreciated.

IE: 80% of the people in ur condition usually get their license suspended for a year, etc.... some statistics like that would be good.

Thanks,

Arthur

Q: I'm talked to a lawyer, and he talked about the possibility of settling with the Prosecutor to reduce this to a "WRECKLESS DRIVING" charge. Does this happen often? He seems like a top-notch lawyer. He's charging $6000 (flat rate)--pass or fail still 6 grand. Is this too much?

A: Wreckless driving is always good. But, alas, you may be charged with reckless driving which is always bad. $6K sounds about right for this.


Q: If I am convicted, what are the typical penalties in Florida for someone like me--ie: college graduate, high gpa, rarely drinks, no drugs. I've just been able to locate the range of penalties (minimum to maximum), but any insight to what will probably happen will be appreciated.

A: All that stuff you mentioned is irrelevant. I don't think anyone keeps statistics on stuff like this and, even if they did, it wouldn't do you any good. Each case is judged on its own facts, not on statistics.