1. 10 Day Rule
You have 10 days from the date of your arrest to file certain requests or you may waive certain legal rights that you may have.

• By taking advantage of this 10 day period you may be eligible for a temporary driving permit.

2. Basis Of The Stop
Police officers are trained to look for your driving pattern to see if there are any infractions, which would indicate that you are impaired. These include wide turns, driving too slow, weaving, and failure to maintain a single lane. Curiously, speeding is not an indicator.

• There are numerous explanations for your driving pattern, which may have resulted in you being stopped.
a. Weaving may be due to inattention.
b. Lighting a cigarette.
c. Talking on a cell phone.
d. Changing the radio stations.
e. Poorly marked roads.
f. Bad eye sight.
g. Fatigue.

• Non-impaired drivers can drive this way for these reasons.

3. Appearances Can Be Deceiving
• Odor
a. Ethanol (alcohol) is a colorless, odorless substance – it is the flavorings and combinations with other substances that you smell.
b. It is impossible to tell what someone has had to drink from the odor.
c. It is impossible to tell when someone drank from the odor of alcoholic beverages.
d. It is impossible to tell how much someone has had to drink from the odor of alcohol
.
• Blood Shot Eyes
a. Eyes can be red from cigarette smoke, contact lenses, rubbing the eyes, crying, fatigue, or for any number of common reasons.

• Flushed face
a. There is no such thing as a flush face. A red face can be caused by nervousness.

4. Field Sobriety Tests
• Your arrest report may indicate that you were asked to take a field sobriety test from a police officer.
• Sometimes police officers who administer these tests do not know the correct way to implement these tests, which form the basis for your arrest.
• It is unacceptable to allow the police officer to be the only one in the courtroom who knows about the roadside examination.
• There are NHTSA studies, which every police officer should know that our standards used to administer these tests. You would be surprised of how little knowledge these officers may have.

5. Medical Conditions
• If you have a medical condition this might cause symptoms or poor performance that could be mistaken for impairment from alcohol.
• Bad backs, bad knees, ear problems, infections, colds, flus, medications, or any variety of things can be mistaken for impairment.

6. Alcohol Absorption Rates (Entrance of Alcohol into the Blood Stream)
• Alcohol absorption rates are different for each individual, which could result in a valid defense.

• Varies by:
a. Age
b. Gender
c. Food consumption
d. Type of alcohol
e. When food consumed

• Alcohol Elimination (removal of alcohol from blood stream)
• Varies by:
a. Age
b. Gender/Sex

7. Breathalyzer Tests
• Legal Motions can be filed to challenge the admissibility of the Breathalyzer results in some cases.
a. Old technology: The police use the intoxlizer 5000R series machine, which was purchased and put into use by the police over 10 years ago. The manufacturer has since replaced the 5000R with better ones including the 8000 series.
b. Scientific Instruments: These machines are scientific instruments not operated by scientists but instead by sparsely trained police officers. Calibrations for these machines take place only once per month, not daily or before and after each test.

The State of Florida is one of the strictest states in the United States to have a DUI. These cases must be scrutinized for any legal defenses that you may have. Only an experienced attorney will be able to help you find these defenses.

RICHARD NICK KELLEY, P.A.
Historic Beaumont House (behind the Osceola County Courthouse)
206 South Beaumont Avenue, Kissimmee, Florida 34741

(407) 847-6259
www.RICHARDNICKKELLEY.com