DUI

Miami DUI Defense Attorney

A conviction for Driving Under the Influence can have far reaching detrimental effects. Not only does it carry minimum mandatory penalties such as the scar of a permanent conviction and attendance at alcohol awareness and driving schools, but it also requires a driver’s license suspension for no less than six months. And in Miami-Dade County, which has such sparse public transportation, the license suspension alone can cause a person to lose their job and suffer even more with consequences piling on top of one another.

Brian Barakat has prosecuted and defended hundreds of Driving Under the Influence cases. He knows that DUIs raise  questions of fact and science. He also knows most prosecutors will agree that intoxication is one of the most difficult things to prove.

Photo of Brian Barakat Attorney in Trial

Intoxication can be established by a number of different categories of evidence. A person’s driving pattern, roadside exercises, the results of a breathalyzer test, statements made to the police, and other observations all go into the states case. Much of this evidence can be suppressed if the police fail to follow proper procedures or exercise their authority for improper reasons.

However, the case laws which discuss and dictate when various aspects of driving under the influence cases can be suppressed are often unpublished or found in less mainstream publications. The attorneys at Barakat Law are constantly reviewing and reevaluating the changing laws and determining how they can best serve their client’s interests.

What’s more, the nuances of roadside exercises are something the attorneys at Barakat Law have studied extensively. For example, the first roadside exercise most officers perform is known as the Horizontal Gaze Nystagmus test or “HGN.” This refers to the subtle jerking movement of the eye that becomes more prominent when a person is intoxicated.