Hazing in Florida
November 25, 2019
Public Transit Options in South Florida for NYE
December 30, 2019

Some DUI Charges Are Subjective

By Hager & Schwartz, P.A.

December 5, 2019

Many people believe the police give driving under the influence (DUI) charges reasonably, but that’s not always the case. Some DUI charges are highly subjective, which means some drivers face DUI convictions based on circumstantial evidence. Therefore, Hager & Schwartz is here to give you the facts concerning subjective DUI charges.

What is the Legal Definition of DUI?

Many know that a DUI means driving with a blood alcohol concentration (BAC) of 0.08% or higher, but did you know that there is another way that Florida defines DUI?

This definition is much more subjective and states that if a police officer believes that someone is under the influence of or affected by alcohol, marijuana, or any other drug than the officer can make a DUI arrest.

The problem with this definition is that an officer can determine peoples’ level of intoxication through the shoddy reasoning, such as they “smell” like alcohol. Therefore, cops can arrest you without a blood alcohol test by deciding that you are behaving in an intoxicated manner.

Proving a Subjective DUI Arrest

A Miami criminal defense attorney could help the judge or jury see that a DUI arrest was subjective by examining the facts of the case. If an officer presents half-baked evidence as the reason he or she made a DUI arrest, an experienced attorney from Hager & Schwartz can fight the charge.

Contact Hager & Schwartz for More Info

If you are facing criminal charges, you need to contact a Miami criminal defense attorney right away. Our firm has the knowledge, qualifications, and skills to give you a chance to beat your charges.

Call (305) 330-1360 now for an immediate case evaluationfor your DUI charge!