Common Defenses for DUIs in Florida

May 31, 2018

If you live in Florida and the police have charged you with a DUI, taking the right steps so that you can minimize the legal fallout is vital. Your first DUI conviction can come with a fine of up to $500, license revocation for at least 180 days and a range of other penalties. The court can upgrade your charges if a minor was in the vehicle or you were under 21 when arrested. When you would like to protect yourself and reduce the odds of a conviction, learning the most common DUI defenses in Florida will get you moving in the right direction.

Improper Stop

Claiming that the arresting officer made an improper traffic stop is one of the most common DUI defenses. Police officers need to have a reasonable suspicion that you have committed a crime before they can initiate a traffic stop. If a police officer pulled you over but did not have good cause to do so, you can petition the judge to dismiss the charges. Although this defense can work under the right situation, it’s still hard to achieve. The police can lie and say they had a solid reason to suspect you of a violation and proving your story will be a challenge.

Improper Handling of Evidence

To protect the rights of each citizen, police and other court officers must follow very strict rules when they obtain and handle evidence. For example, you have the right to remain silent (this only applies when providing information or testimony could incriminate you) when the police arrest and try to question you. Also, the police need to follow proper protocols when they give field sobriety tests on the side of the road.

Problems With the Breathalyzer Test

In Florida, the courts require police to follow guidelines and standards before administering a Breathalyzer test. The officer giving the test must have the training and knowledge to do so, and the results won’t matter if the police don’t keep their certification updated. In addition to improper Breathalyzer testing, several other factors can interfere with the accuracy of the results and prevent the police from using the test as evidence against you in court. No matter the situation, knowing and enforcing your rights gives you the best possible odds of avoiding trouble.

Importance of a Florida DUI Attorney

When it comes to fighting DUIs in Florida, nothing comes close to the guidance of a caring DUI defense attorney. If you have any questions or concerns about your case, don’t hesitate to reach out to the Musca Law Firm for support on which you can depend.

Ready for Your Free Case Evaluation?

Fill out the form below.

  • This field is for validation purposes and should be left unchanged.