Chances of Getting A DUI Dropped

May 31, 2019

Being arrested and charged with driving under the influence (DUI) in Florida is a very serious matter. Even first-time offenders face hefty fines, license suspensions, and possible jail time. Unfortunately, the negative consequences of a DUI arrest in Florida extend beyond the courtroom. Individuals who are arrested for a DUI may lose professional licenses that could result in the loss, or at least derailment, of their careers. Sometimes housing options become limited, and individuals may be forced to pay extremely high premiums for vehicle insurance.

When it comes to facing these potential negative consequences of a DUI arrest, it is crucial to evaluate all of your legal options before pleading guilty. Although there are no guarantees that you will be able to get your DUI charges dropped, the more you know what to look out for in advance, the better your chances are of winning your case in court.

Avoiding License Suspension For A DUI In Florida

Individuals who are arrested for driving under the influence in Florida often face having their licenses suspended for several months. When this occurs, drivers often face massive disruptions to their daily lives. Individuals have a difficult time getting to work, getting their kids to school, going shopping, or performing other tasks of daily life.

Due to these potential disruptions, drivers often try to prevent a license suspension in the event of a DUI arrest. Working with an attorney will ensure you are able to develop an appropriate strategic defense that you can use at your administrative hearing. It is crucial to know ahead of time if you have any viable defense options that could help you win your case.

Having A DUI Charge Dropped

There are several instances in which an offender can argue to have their DUI charges dropped in Florida. Some arguments include:

  • A plea bargain is possible;
  • Victim recantation;
  • There was an error in the DUI test;
  • You are a first-time offender;
  • There is insufficient evidence against you; or
  • The evidence gathered against you is inadmissible.

If you can successfully argue any of these circumstances are applicable to your arrest, you may be able to have your DUI charges dropped.

Arguments Against A Failed Breathalyzer Or Blood Test

Individuals arrested for a DUI in Florida are often forced to undergo testing to determine if they are impaired at the time of their arrest. There are various circumstances that can cause breathalyzers to produce false results, which can result in drivers being falsely arrested. Quite often, individuals are issued breathalyzers or blood tests that gauge the blood alcohol content (BAC) level at the time of their arrest. Individuals who fail these tests may be able to argue that an arresting officer made a mistake in issuing the test. These mistakes can be related to the procedure or the equipment being used. Some common arguments include:

  • Dietary conditions created a false high reading;
  • The mouth alcohol level caused a false high reading;
  • A medical condition created a false high reading;
  • The arresting officer did not properly supervise you before the test; or
  • Rising blood alcohol content levels created high results that were inaccurate.

Help For First Time Offenders

Drivers arrested for their first DUI offense in Florida may be able to have their charges dropped by enrolling in a diversion program. In order to qualify for a diversion program, drivers must meet the following criteria:

  • You are a first-time offender;
  • You have only one previous non-violent misdemeanor conviction;
  • You have not participated in a pretrial intervention program before; and
  • The judge, victims, and prosecutors agree that a pretrial intervention program is appropriate.

Once an offender completes their diversion program, they can have their charges dismissed. In some cases, offenders may be required to file expungement requests to have the arrests removed from their records.

Other Arguments In DUI Arrests

There are various other applicable arguments that can be used in Florida to get a DUI charge dropped. Some of these arguments include:

The Arresting Officer Violated The Offender’s Constitutional Rights: This argument can lead to the dismissal or reduction of DUI charges.

The Police Officer Utilized An Unlawful Road Block: Arresting officers are able to use DUI roadblocks. However, officers are required to establish strict guidelines they must adhere to. Officers are unable to stop every vehicle on the road. If they are engaging in this type of activity, or they have a roadblock without guidelines, the charges can be dropped or dismissed.

The Officer Did Not Have Probable Cause: Probable cause must be established before a pullover for DUI. If there is not probable cause, the judge can prohibit any evidence collected by the officer. This can result in a dismissal of charges.

The Officer Did Not Issue The Field Sobriety Test Property: Offenders are able to argue that the arresting officer did not properly administer testing at the time of the arrest. Not providing an example, requiring offenders to perform tests on uneven surfaces, and several other circumstances can result in false positives. These arguments can help offenders get their DUI charges dropped.

Successfully proving that any of these circumstances exist in your case will help improve your chances of having your DUI charges dropped. Working with an experienced DUI attorney in Florida will greatly improve your chances of.

Aggressive Representation For DUI Offenders In Florida

Being arrested for a DUI in Florida can be overwhelming and terrifying. The consequences of a DUI arrest often impact the lives of an offender for many years. Fortunately, working with an experienced DUI attorney can increase your chances of having your DUI charges dropped.

Attorneys at Musca Law have over 150 years of combined experience helping Florida residents get their DUI charges dropped or dismissed. We work diligently to protect clients by finding any cracks in the prosecution’s case or other justifiable reasons for dismissal of DUI charges. Contact our law firm at (800) 687-2252 to schedule a free, no-obligation case evaluation.