On behalf of The Law Office of Gustavo E. Frances, P.A.
A Boca Raton woman has recently been arrested for supposedly driving under the influence. The DUI charges were brought by a police officer who claims to have seen the woman driving on Federal Highway. The officer alleges that the woman was swerving in and out of lanes while driving. At one point, the woman made a turn and supposedly traveled south in the northbound lane of the road for around 500 feet. At this point, the officer turned on the car’s siren and lights to pull over the woman. However, the woman did not respond to the officer and continued to drive until she pulled into her driveway.
According to the officer, the woman was confused about why the officer was following her. The officer reports that the woman smelled like alcohol, had glassy red eyes, and had slurred speech. When the officer told the woman that she was being investigated for a DUI, the woman resisted and was arrested. She faces a charge for resisting arrest in addition to the DUI.
While DUI cases are very serious, there are many ways to defend against the charges. A proper defense is necessary to avoid serious penalties including license revocation and jail time.
One way to defend against the charges in cases like these is to question why the police think that the person was driving drunk. Under the law, it is the prosecution’s burden to show that a person’s blood alcohol content level was above the legal limit. However, many common methods used to show the BAC levels are not completely accurate. For example, breathalyzer tests are extremely sensitive. If they are not maintained, stored, or used correctly then the results may not be correct. By questioning the results of these tests, and other methods used as evidence of a DUI, people can obtain not guilty verdicts.
Boca News Now, “Boca Woman Drives Wrong Way, Resists Arrest, Is Charged With DUI,” April 11, 2013