Michelle Estlund understands the intricacies of Driving Under the Influence (DUI) representation, whether the client has provided the police with a breath sample or refused to provide one, and whether the client has participated in “Field Sobriety Exercises” or not. Each case is as different as the individual, because the effect of alcohol on individuals varies greatly based on the person’s gender, size, medical history, current medical status, and other factors relevant to alcohol absorption.
Some Issues to Examine in a DUI Case
- Administrative Hearings for Driver License Privileges
Clients charged with DUI have multiple concerns. One of the first issues of critical importance to a DUI client is whether and when they can drive again. Michelle advises her clients regarding the options available to them with respect to the Department of Highway Safety and Motor Vehicles, such as whether they want to have an administrative hearing, what information can be obtained from that hearing, and what the possible outcomes of the hearing may be.
- Blood Alcohol Level
A main issue in DUI cases is the client’s reported Blood Alcohol Level (BAL). The higher the reported level, the worse the possible penalties. Michelle has experience in challenging her clients’ BAL through the use of scientific data and expert testimony, as well as challenging the maintenance records of the Intoxilyzer, which is used by law enforcement officers to establish the level of alcohol in a driver’s blood.
- “Field Sobriety Exercises”
Field Sobriety Exercises, or FSE’s, are used by police to try to determine whether a person is in “control of his faculties,” which is the legal standard by which DUI is determined. Those exercises may include the Finger to Nose, the Walk-and-Turn, the Nystagmus measurement, and other activities. An experienced criminal defense attorney is able to identify weak areas of the FSE’s and challenge their evidentiary value. Michelle has experience litigating these issues for the benefit of her clients.
Miami Back on Track DUI Program
In some parts of Florida, and specifically in Miami-Dade County, clients who have the option of litigating their cases in court, or, if they have very little or no criminal history, may participate in a diversion program. In Miami, the diversion program is called “Back on Track.” This diversion program may be a good option for some clients, but prior to entering the program, the client should be well-informed about its cost, its intensity, and the significant due process rights that he gives up in exchange for participating in the program.
Michelle has guided multiple clients through this program, and is able to advise them as to its benefits and pitfalls so the clients obtain the maximum benefit of participation while still being fully aware of any areas of concern.
Read about the Back on Track DUI program here.