It has been statistically proven that more and more women are being charged and arrested for driving under the influence (DUI) in Florida than ever before. The state would have us believe that this is true because of the increase in female drinking and driving, however there are a number of factors indicating that women are more likely than their male counter-parts to be falsely arrested for DUI. For this reason, DUI defense for women is a bit more of a complicated field, in which a wide range of different defenses are available. Because of the differences in how female bodies have been clinically proven to handle alcohol as compared to men’s handling-ability, and some problems inherent to DUI testing itself, skilled Palm Beach DUI attorneys can help women to avoid the consequences of a wrongful DUI conviction.

Female breath testing and unreliability

Expert testimony has consistently shown that when women are charged with a Palm Beach DUI, they are often put in a bad position by false results from the initial breath test. For a litany of reasons, the Florida breath testing machine does NOT calculate female alcohol levels as accurately as it does for men. One reason has to do with the bio-chemical and hormonal differences between the male and female physiological makeup. Another is that women metabolize and absorb alcohol differently than men.

Our experienced and competent Palm Beach DUI attorneys  know that the breath tests are highly sensitive to changes in body temperature, and women are more likely to have sudden bodily changes because of hormonal differences. At Musca Law, we can help you defend your rights and to fight a faulty drug test by arguing these factors effectively to the Court.

Females and roadside testing agility

All suspected DUI offenders are subject to investigation techniques, and women are often required to participate in roadside sobriety testing, which puts them at an immediate disadvantage. As is accepted by most medical professionals, women react differently to stress than men do, and many have a rightful fear of getting out of their vehicles at the request of anyone, including a police officer in the process of performing his lawful duties. This heightened stress can cause a personality-slip, and thus a dip in performance in roadside tests, and a good Palm Beach DUI lawyer can move to suppress some if not all of this evidence.

What happens if a woman is asked to take one of these tests in shoes that are poor for roadside agility? This is yet another factor that Palm Beach DUI lawyers can use to argue in your favor. Because being forced to perform in uncomfortable footwear or even in bare feet can feel degrading and that sense can be transmitted involuntarily to the arresting officer, who may in turn misconstrue the situation. It is imperative to your future that you stay silent, cooperate within reason, and wait for Musca Law to become involved.

Women are being unnecessarily targeted and the nature of DUI laws opens the door to many wrongful female convictions. If you have been charged with DUI in Palm Beach, then you need a good attorney to protect your rights against wrongful prosecution. Musca Law is your ally against the system’s flaws.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.