Forget the Two Drink Rule Says Florida DUI Attorneys

The rate at which alcohol concentrates in an individual’s blood is dependent upon the following: gender, weight, percentage of body fat, fitness level and tolerance level based on how often they consume alcohol. Based on all these differences, a 200 pound man, in excellent physical shape who consumes alcohol several times a week is going to have a far different BAC reading after two drinks than a 110-pound woman who sits behind a desk, never exercises and rarely drinks.  Also take into consideration the amount of time which has elapsed since you had the last drink. Based only on the weight of the above two examples, the man will have an approximate .03 BAC, while the woman will have between a .06 and .07—dangerously close to the legal limit of .08.  Factor in all the other variables, and those numbers may be even more disparate.

How the Body Metabolizes Alcohol

The only variable which is relatively consistent regardless of the physiological differences is the rate at which the body metabolizes and eliminates alcohol form the body—on average, .015 per hour. A simple example is that if a person had a BAC of 0.15, it would take ten hours for the alcohol to be completely gone from their system. Because sleep has absolutely no effect on how quickly alcohol leaves your body, assuming you left the bar at 2:30 a.m. with that BAC of 0.15 and somehow made it home safely, slept for four hours, and went to work at 7:00 a.m., you could very well still be over the legal limit even though you no longer “felt” drunk. Forget all the other urban myths you’ve heard about drinking lots of water, coffee, or caffeinated soda or eating a big meal in order to sober up faster. The only thing which affects your BAC is time.

Florida DUI Lawyers The Alcohol Variation in Two Drinks

Aside from considering your weight, sex and other variables, you must also consider how much actual alcohol was in the drinks you consumed. Although the standard drink is considered to be one regular-sized bottle of beer, one five-ounce glass or wine, or one mixed drink which has no more than one and a half ounces of 80 proof alcohol, that “standard” does not always apply. Some bars operate on a “free-pour” system which simply means the bartender eyeballs the amount of alcohol which goes into your drink. While veteran bartenders come remarkably close to the one and a half ounces, others could pour as much as double that amount in one drink. If you are drinking a mixture at a friend’s house, you have little way of knowing how much alcohol is actually in your cup of rum punch, other than how it makes you feel.

The bottom line is that should you decide to drive after you’ve only “had a couple,” you may find yourself facing serious DUI charges which could significantly alter your future. It’s extremely important that you immediately hire an experienced Florida DUI attorney who can be your advocate and defend your rights in the coming months. And remember—telling an officer that you’ve only had a couple of beers can come back to haunt you should you be arrested, so exercise your right to remain silent until you’ve contacted an attorney. 

Tractor-Trailer May Cause Fatal Accidents Due to Inadequate Underride Guards, Even at Low Speeds 

Amongst all accidents, which occupants of passenger vehicles are involved, tractor-trailer is amongst the deadliest of all. Little progress has been made regardless of an increase in regulation with the trucking industry and improvement of passenger vehicle safety standards. While they have helped reduce some accidents, the accidents still run amuck. The Insurance Institute for Highway Safety recently conducted a series of crash tests, which indicated has a lot of things to change towards the prevention of passenger vehicles being trapped under tractor-trailers.

Georgia car accident lawyers have been representing numerous trucking accidents, in which those have been injured. While being particularly difficult, commercial trucking litigation requires a thorough understanding and knowledge of trucking industry practices and regulations. Our attorneys have the expertise, experience, and commitment that are required in trucking accident litigation to get you the best possible result in your case.

The improvement of crash standards for passenger vehicles are risen enough that that a vehicle can crash, at 35 mph, into a stationary object, without causing serious injuries to the occupants of the vehicle. The Insurance Institute for Highway Safety has recently stated that its crash tests, which simulate similarly to that of an accident involving a tractor-trailer, has a higher likelihood of leading to serious injuries, which include, but are not limited to fatalities and decapitations of vehicle occupants. Basically, the inadequacy of underride guards on commercial trucks is completely unacceptable. When a car crashes, the vehicle’s occupant cabin is instantly crushed when the tractor-trailer body crashes through the cabin.

There are two broad categories when it comes to flaws within tractor-trailer underride guards. One flaw is due to the guards no covering enough area around the under carriage. Another defect within the guards is the lack of safety standards in regards to how the guard is actually secured on vehicles. However, some types of underride guards were found to be basically defective when traveling at reasonably low speeds due to hardwiring of the instillation holding the actual guardrail in place, which gave way during collision tests.

Surveys found that 78 percent of accidents that were surveyed, involved the passenger of a vehicle was involved in an accident that a tractor-trailer was present to some degree. 82 percent of trucking accidents state a death, of entire front end of a vehicle, or worse, the whole car, was a result from a slide beneath a truck.

Georgia car accident attorneys are available to assist clients and are just a phone call away.  Some may even come to you. 

If you’ve been arrested for Florida DUI, then at some point you will come into contact with the prosecutor, who are Florida DUI attorneys responsible for upholding the state’s interests in your specific case. Any time there is suspected criminal activity, it falls to the government to examine the evidence, charge the defendant with the crime and prepare for the eventual trial. Your prosecutor, and the people in his or her office will develop the case as time passes, and present the case against you in court when it comes up for trial. The state’s prosecutor is essentially your adversary and will go up against your attorney in court.

The prosecutor’s job is to prove you were indeed driving under the influence, while your attorney’s job is to prove you were not driving while impaired or that the evidence gathered against you was gained illegally or in ways that violated your rights. Because the state’s prosecutors do nothing other than taking legal action in criminal cases, they are generally quite proficient, plus they have the full benefit of the state’s resources backing them up. They have access to investigators and expert witnesses who will help make their case, and for these reasons, it’s imperative that you have an equally strong, aggressive, and capable criminal defense attorney who is particularly knowledgeable regarding the  Florida DUI laws of your state.

How Does the Prosecutor Become Involved in Your Case?

Generally the police officer or officers who pulled you over, arrested you, administered the  Florida DUI tests and processed you once you were at the station will refer the case to the prosecutor who will then determine whether or not the case is legally sound and whether it can be successfully supported in court. Should the prosecutor decide there were mistakes made during the arrest, or the evidence was tainted in any way, they may decline to prosecute. 

If the prosecutor declines to prosecute, your case is over and you are free to go. Prosecutors must also give weight to policy considerations when deciding whether to prosecute. In other words, should the defendant have any type of psychological or physical issue which would make an alcohol treatment facility a better option than a trial, the prosecutor could make that recommendation. Some jurisdictions are bound by limited resources, so this may also be a factor in the decision to prosecute a specific Florida DUI. 

When the Prosecutor Files a Complaint

If the prosecutor in your case determines there is sufficient evidence to move forward he or she will file a complaint or other official court document to start the case. You will have an initial hearing in which you, your attorney and the state’s prosecutor will appear before a judge, and issues like bail will be argued. Unless a plea agreement is reached prior to trial, then a trial date will be set for your case. 

How the Prosecutor Will Attempt to Prove Your Florida DUI

If your Florida DUI is charging you drove illegally while under the influence, the prosecutor may have the arresting officer testify regarding your erratic driving or your behavior which proved you were definitely under the influence. The prosecutor could have the arresting officer testify about your field sobriety test results, may introduce the results of your breathalyzer or blood test, or could even introduce into evidence a video of you driving or performing the field sobriety tests. If you were charged with driving with a BAC greater than .08, then the prosecutor can only prove this through your breathalyzer or blood test results. The prosecutor must prove beyond a reasonable doubt that you were, in fact, driving while under the influence. If your attorney is able to convince even one juror that there are some gray areas surrounding your arrest, or some reasonable doubt regarding your impairment, then you could be acquitted.

The prosecutor has a great deal of influence and power over the outcome of your Florida DUI case, and if you are found guilty, the prosecutor will recommend a sentence. To give yourself an equal advantage during your  Florida DUI trial, make sure your Florida DUI attorney is knowledgeable, tough and above all, experienced.