What Prosecution must Prove in DUI Cases

What Prosecution must Prove in DUI Cases

In accordance with Florida DUI laws to prove a DUI offense, the state is required to establish beyond a reasonable doubt that an individual was driving in a state of intoxication. To achieve a conviction, it must prove that the individual was operating or intended to operate a vehicle while under the influence of alcohol or a controlled substance, or having an alcohol concentration of at least .08% in the blood or breath.

Fort Lauderdale DUI Lawyers are ready to discus your case free of charge by calling 954-523-5333 

The Broward County Drunk Driving Attorneys at William Moore Criminal Defense provide years of experienced legal representation and knowledge that is aggressive and skilled in the art of DUI defense. If you or a loved one has just been arrested in Broward County for Driving Under the Influence and now face DUI charges, contact The William Moore Law Firm DUI Defense attorneys at for immediate legal answers and available representation in Fort Lauderdale.

Fort Lauderdale Drunk Driving Attorney

Required Proof in DUI Cases Plantation

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A person being under the influence of alcohol has been defined by law as an individual who has consumed alcohol up to a level where his or her mental or physical faculties are deleteriously impacted. The law enforcement officers may place a person under arrest, if they have reasonable grounds to suspect a DUI offense.

Breathalyzer Test as Evidence is Crucial Evidence in a Prosecutors Case According to Drunk Driving Attorneys

Criminal lawyer William Moore claims that criminal lawyers  who take DUI Defense seriously always attempt to have Breatholyzer results suppressed. A breathalyzer test can be used by the State as evidence to prove that an individual’s Blood Alcohol Concentration (BAC) was .08% or higher. However, in many instances, the BAC readings may not be accurate due to various reasons claims the Fort Lauderdale Drunk Driving Attorneys at William Moore Criminal Defense. Florida DUI laws require the State to prove the accuracy of the tests on several counts before the court may rely on such test results. The State must prove the following:

  • The breathalyzer apparatus was in perfect or operable working condition. The equipment must have been inspected periodically in line with accepted procedure and found to be functioning correctly.
  • The law enforcement officer who performed the test was properly certified to conduct it.
  • The test was administered correctly in conformance with the official guidelines and accepted procedures.
  • The test equipment was not sensitive to interference from radio frequency.
  • The law enforcement agency can produce inspection certificates for the breath testing equipment showing sample tests of ampoules from the identical batch used in the test before prior to and following the individual’s examination.

Fort Lauderdale Drunk Driving Attorneys explain Consequences of Refusing to Submit to Test

If a person refuses to submit to a breathalyzer test, it may be treated as a separate offense from DUI, and result in loss of license and additional fines upon conviction. A person charged with a DUI offense should get in touch with a Florida DUI defense lawyer to protect his rights under the law. The lawyers will usually advise that when a person is stopped and suspected of driving under influence, he or she must submit to the breathalyzer test when requested. If the Blood Alcohol Concentration level has not exceeded the legal limit of .08%, the individual may be exonerated. The very fact that an individual has refused to submit to a breathalyzer test will automatically lead to a suspension of the driver’s license for a minimum period of six months. This will take place irrespective of whether the judge determines that the State has failed to prove beyond a reasonable doubt that the individual was driving under the influence.