Archive for the ‘Florida DUI Lawyer’ Category

What You Need to Know When Retaining a Florida DUI Attorney

Tuesday, January 17th, 2012

When one is facing Florida DUI charges, the stake are high so it is important to carefully consider the Florida DUI law firm that you retain to defend you.  Some charged with DUI simply open the phone book or use a similar method to obtain legal advice and determine who should represent their interest in a Florida DUI case.  The reality is that the criteria one uses to select a Florida DUI defense lawyer can have a substantial impact on the outcome of a DUI case.  There is a drastic difference between a general practice attorney who handles a Florida DUI case occasionally, and a law firm that practices exclusively DUI and criminal defense.

Once you have been arrested for DUI, you may receive a deluge of mailers from law offices.  If you are wondering why you are receiving all of these mailers, it is because some law firms pay services to send information about their law firm to anyone arrested for DUI.  Because an arrest is a matter of public record, it is easy enough for these companies to gather contact information on all new DUI arrests and send the mailers.  While selecting a law from these mailers like contacting someone in the phone book is easy, you should be cautious in making a selection.

The process of hiring a Florida DUI attorney should be handled much like hiring an employee.  A prospective DUI client should carefully screen several Florida DUI lawyers before retaining one.  It is also a good idea to inquire about the attorney’s past results, training, skills and experience just as one would when hiring an employee.  We have provided a few questions that are good to ask when evaluating an attorney to represent you in a Florida DUI case.

Do you limit your practice to DUI and criminal defense or do you have a more general practice?

How many DUI cases have you handled?

How many years of experience does the attorney or law firm have handling Florida DUI cases?

How is communication and updates on a case handled by the firm?

What types of defenses might be available in a DUI case like mine?

While there are other questions you might ask of a DUI attorney, the point is that you should work with a law firm that devotes most if not all of their practice to criminal law and DUI defense.  An experienced Florida DUI lawyer like John Musca will be familiar with the strategies that the district attorney will employ as well as the available defenses that may be effective in avoiding a conviction on DUI charges.  We invite you to visit us and learn how we have built a reputation throughout Florida for effective DUI defense.  We invite you to contact a Florida DUI defense attorney at Musca Law to schedule a free confidential consultation at (800) 687-2252 to learn how we can fight to protect your future.

Florida DUI Lawyer Answers The Question – Is Florida DUI Testing Gender Biased?

Tuesday, April 26th, 2011

While much has been reported in the media about gender biased testing in an academic setting, few people know that DUI blood alcohol concentration (BAC) testing may also be gender biased. There are a number of gender based factors related to the body’s metabolism of alcohol as well as other gender based factors that result in a female typically having a higher BAC when drinking the same amount of alcohol as a male. This article is designed to explain the reasons that a female faces a greater risk of testing above the Florida BAC legal limit of 0.08 than a male after consuming the same amount of alcohol. An experienced Florida DUI attorney will know how to account for these gender differences and how to utilize these gender specific factors in defending you against Florida DUI charges.

While the reasons for a woman producing higher BAC results than a man after consuming the same amount of alcohol are complicated, many of the reasons are related to differences in the body chemistry between men and women. The key factors that result in a higher BAC in women include the following:

Alcohol Metabolizing Enzymes: Research has shown that women have less of the enzyme that begins the metabolic breakdown of alcohol in the stomach. Men have approximately twice as much of this enzyme, known as gastric alcohol dehydrogenase (ADH). This enzyme metabolizes about fifteen percent of alcohol consumed so that it is not absorbed into the blood stream. Because women cannot rely on this enzyme to metabolize as much of the alcohol they consume, they will have more alcohol absorbed via the small intestines into their blood stream. This factor alone results in a seven percent difference in the blood alcohol levels between a man and a woman.

Differences in Blood Volume and Body Fat: Generally, men tend to have a greater muscle to fat ratio than women do. Muscle tissue has more blood then fat so the greater blood volume means that alcohol is more diluted in men’s bodies.

Water Volume: Men’s bodies are comprised of between 5-20% more water than women do. This additional water also means that alcohol is diluted in men’s body.

Differences in Weight: Men on average are larger and weigh more than women do. A person’s body weight is directly related to one’s BAC level. If two people consume an equal amount of alcohol, the person who weighs less will tend to have a higher BAC.

Hormone Levels: A women’s hormone level particularly during menstration will typically result in elevated BAC and will result in a woman’s BAC level remaining elevated for a longer duration. Incidentally, there is also research indicating that birth control pills may result in a woman having a higher BAC.

These are just some of the ways that gender can impact a woman’s DUI blood alcohol testing. Along with these differences, women who wear heels may also have a disadvantage in some field sobriety tests. An experienced Florida DUI defense lawyer will carefully analyze any field sobriety test results and BAC test results to develop the best defense strategy to help you stay out of jail and put your DUI arrest behind you.

Free Consultation With a Florida DUI Lawyer In Your Area:

Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case.  Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).