In Jacksonville, when a person is arrested for Driving While Under the Influence (DUI), the DUI driver is asked take a breath-test. If the DUI driver refuses, his driver’s license will be suspended for 12 months pursuant to Florida Statute Section 322.2615. However, before this occurs, the DUI driver is entitled to a hearing at the Florida Department of Highway Safety and Motor Vehicles (DMV).
Today, I represented a person charged with a Jacksonville DUI at a DMV hearing. The arresting officer was a Drug Recognition Expert (DRE), Officer M. T. Borgert. At the start of the Jacksonville DMV hearing, I asked him about one of the Field Soberiety Tests that he administered called “HGN.” This test is used in many Jacksonville DUI cases. The officer moves a pen across the driver’s face to help him determine if the driver is driving under the influence. The HGN test is a standard test that should be performed the same way every time. However, in this Jacksonville DUI case, Officer Borgert did not perform the standardized test properly as evidenced by the DUI video. Most people will watch a DUI video and not notice this, because it is not obvious. As a Jacksonville DUI Attorney, I paid very close attention to the way he administered the test. Therefore, I was able to discredit Officer Borgert’s testimony and the reliability of the HGN test at the Jacksonville DMV hearing.
When I was in law school, I had a professor that always stated “the devil is in the details,” and as a Jacksonville DUI Attorney, I cannot agree more. Jacksonville DUI Attorneys must pay close attention to every detail in a DUI case. Field Sobriety Tests must be performed properly to be valid. If you are arrested for DUI in Jacksonville, you should contact a Jacksonville DUI Attorney to evaluate your case.