According to Hernando Today, two Spring Hill, Florida drivers were arrested on suspicion of DUI, even though one of the drivers had a negative – meaning a BAC of .00 — breath test result. Hernando County Lawyer Jason Melton has represented scores of defendants charged with DUI, including those charged with suspicion of driving under the influence of drugs, in cases with low or negative breath test readings, and in cases where clients are charged with DUI involving a BAC of a .15.
The first of the arrests involved a driver allegedly driving the wrong direction on Commercial Way or US19 in Hernando County. According to reports, the Hernando County Deputy stopped the driver, informed him of his driving pattern and proceeded to conduct a DUI investigation. The DUI investigation allegedly concluded with the suspect producing a breath sample of .188 – both over the .08 illegal limit and the .15 level that requires Florida courts to enhance penalties. For example, in Florida, this .15 sentence enhancement can cause a defendant with a first DUI conviction to be ordered by the Court to install an ignition-interlock device on their vehicle– if their BAC was over .15.
The second case involved alleged “suspect driving,” but reports indicate that the driver subjected to the breath test and the result was a negative breath reading. A negative breath reading in DUI cases many times causes Police to have suspicions of drug use and in this case, it appears the deputies continued their investigation by interviewing the mother of the driver. Reports indicate the defendant’s mother accused her daughter of using methamphetamines prior to driving that evening. It is unclear whether the statements by the mother will be allowed into the court record by a Hernando County Judge to substantiate the State’s DUI charge at trial.
If you have been charged with a DUI in Hernando County, Spring Hill or Brooksville, Florida, contact DUI Defense Lawyer Whittel & Melton, LLC at 666-2121 or online.