A Florida DUI Defense Attorney Can Fight for Dismissal by Attacking the Stop, the Evidence, and the State’s Proof

If you were arrested for DUI in Florida, you are probably asking the question that matters most, can this case be dismissed completely? You may feel like the system has already decided you are guilty, especially if you were booked into jail, your license was taken, or the officer told you the case was “open and shut.”

I want you to know something important right away. Yes, a Florida DUI can be dismissed completely in certain situations. It does not happen automatically, and it does not happen because you hope for it. It happens when your defense attorney finds legal and factual weaknesses in the state’s case and forces the prosecution to prove every required element.

A DUI case is not just about whether you drank. It is about whether the stop was lawful, whether the investigation was handled correctly, whether the testing is reliable, and whether the state can prove impairment or an unlawful alcohol level beyond a reasonable doubt.

As a Florida DUI Defense Attorney, I look for dismissal opportunities from day one. Sometimes dismissal happens because the evidence is suppressed. Sometimes it happens because the state cannot prove the case. Sometimes it happens because a key witness does not show up or critical paperwork is missing. No matter the reason, the path to dismissal starts with a private attorney who knows how to fight these cases the right way.

Below, I will explain when DUI dismissals happen in Florida, what laws apply, and what defenses may lead to dismissal, reduction, or minimized penalties.

What Does It Mean to Get a DUI Dismissed in Florida?

When a DUI is dismissed, it generally means the criminal charge is terminated and does not result in a DUI conviction. Dismissal can occur:

  • Before trial, after motions are filed

  • During trial, if the state cannot prove its case

  • Because evidence is suppressed

  • Because the prosecutor decides the case is too weak to pursue

Dismissal is different from a reduction, such as reckless driving, and it is different from a “withhold” on another charge. Many people want a full dismissal because a DUI conviction can create long-term damage, including:

  • Driver’s license consequences

  • Insurance spikes

  • Employment background issues

  • Professional licensing issues

  • Immigration concerns for non-citizens

  • Probation requirements

  • Ignition interlock requirements

A private attorney matters here because dismissal is not a gift from the court. It is something you pursue through defense strategy, litigation, and pressure on the state’s weak points.

Florida DUI Law, What the State Must Prove

Most DUI charges in Florida are filed under Florida Statute § 316.193.

Florida Statute § 316.193, DUI, Statute Text

Below is the statute text in relevant part, and then I will summarize what it means in plain English:

Florida Statute § 316.193(1)(a) states that a person is guilty of DUI if the person is driving or in actual physical control of a vehicle within Florida and the person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.

Florida Statute § 316.193(1)(b) states that a person is guilty of DUI if the person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

What That Means, Summarized

Florida can try to convict you in two main ways:

  • By claiming you were impaired, meaning your normal faculties were affected, even without a breath number, or

  • By claiming your breath or blood alcohol level was 0.08 or higher

A private attorney matters because the state still has to prove:

  • You were driving or in actual physical control

  • The stop and detention were lawful

  • The investigation was conducted properly

  • The evidence is reliable

  • The state’s witnesses are credible

If any of those parts break, dismissal becomes possible.

Can a Florida DUI Be Dismissed Completely?

Yes, it can, but it depends on the facts, the evidence, and how aggressively the defense is pursued.

A Florida DUI may be dismissed completely when:

  • The traffic stop was unlawful

  • The officer lacked probable cause to arrest

  • Breath or blood testing is unreliable or inadmissible

  • The state cannot prove impairment beyond a reasonable doubt

  • The prosecution cannot prove the driver was actually driving

  • Key witnesses do not appear in court

  • Evidence is missing, corrupted, or not preserved

  • Your rights were violated in a way that affects admissibility

Dismissal is never something I promise in advance, because every case is different. But it is something I pursue in every case where the facts and law support it.

The Stop, One of the Best Paths to Dismissal

Many DUI cases begin with a traffic stop, and many stops are weaker than they appear.

An officer must have a lawful reason to stop you, such as:

  • A traffic violation

  • Reasonable suspicion of criminal activity

  • A valid safety concern

Common DUI stop reasons include:

  • Weaving within the lane

  • Failure to maintain lane

  • Speeding

  • Wide turns

  • Rolling stop

  • Tag light issues

  • Lane change violations

Sometimes the report makes the driving look dramatic, but the video shows something different.

How I Attack the Stop

I look at evidence such as:

  • Body camera footage

  • Dash camera footage

  • CAD and dispatch logs

  • 911 calls

  • The officer’s report language compared to the video

If I can prove the stop was illegal, I may be able to file a motion to suppress evidence. If evidence is suppressed, dismissal becomes far more likely because the state may lose the foundation of its case.

A private attorney matters here because suppression motions require fast action, legal knowledge, and careful litigation.

Probable Cause to Arrest, Another Key Weak Point

Even if the stop was legal, the officer must have probable cause to arrest you for DUI.

Probable cause is not the same as suspicion. The officer needs a legally sufficient reason based on observations and circumstances.

Officers often cite:

  • Odor of alcohol

  • Bloodshot or watery eyes

  • Slurred speech

  • Unsteady balance

  • Admissions to drinking

  • Field sobriety test performance

The problem is, many of these observations are subjective and can be caused by non-alcohol reasons.

How I Challenge Probable Cause

I compare the report to the video and look for:

  • Exaggerations

  • Missing context

  • Conflicting statements

  • Poorly administered exercises

  • Rushed conclusions

If probable cause is weak, it can support suppression or a reduction. It can also create enough doubt that the prosecutor dismisses or significantly changes the charge.

A private attorney matters because probable cause challenges often require motion practice and careful cross-examination preparation.

Field Sobriety Tests Are Not Reliable Proof

Field sobriety exercises are commonly treated like scientific tests. They are not.

They are influenced by:

  • Stress and anxiety

  • Poor lighting

  • Uneven pavement

  • Footwear

  • Weather

  • Injuries

  • Age

  • Fatigue

  • Language barriers

  • Confusing instructions

If you were nervous, embarrassed, or panicked, it can affect performance.

How I Use Field Sobriety Weaknesses for Dismissal

I focus on:

  • Whether the officer explained the exercises clearly

  • Whether the officer demonstrated them properly

  • Whether the location was safe and level

  • Whether the client had medical issues

  • Whether the officer scored fairly

If the exercises were not conducted properly, it can weaken the entire DUI claim and open the door to dismissal or reduction.

A private attorney matters because the officer’s narrative is often treated as fact unless someone challenges it. That is my job.

Breath Test Results Can Be Thrown Out or Weakened

Many Florida DUI cases involve breath testing. People assume the breath number ends the case. It does not.

Breath results can be challenged for reasons such as:

  • Improper observation period

  • Mouth alcohol contamination

  • Acid reflux or GERD issues

  • Improper machine maintenance

  • Operator certification problems

  • Testing sequence errors

  • Incomplete or missing records

Florida implied consent and breath testing rules involve detailed procedures. When procedures are not followed, the results can be attacked.

Florida’s Implied Consent Law

Florida’s implied consent law is found in Florida Statute § 316.1932.

Here is relevant statute text:

Florida Statute § 316.1932(1)(a) states that any person who accepts the privilege of operating a motor vehicle within Florida is deemed to have given consent to submit to an approved chemical test or physical test of breath, blood, or urine for the purpose of determining alcohol content or the presence of chemical substances or controlled substances if lawfully arrested for DUI.

What That Means, Summarized

Florida can request chemical testing after a lawful DUI arrest, and refusals can trigger license consequences. But the key phrase is lawfully arrested. If the arrest was not lawful, implied consent issues become a defense point.

A private attorney matters because breath cases are technical. The strongest breath defenses come from experience and attention to detail.

Refusal Cases Can Still Be Dismissed

Some people refuse the breath test and assume that means they will automatically lose in court. That is not true.

A refusal case can still be dismissed if:

  • The stop was illegal

  • The arrest lacked probable cause

  • The officer did not properly explain implied consent

  • The refusal is not clearly documented

  • The state cannot prove impairment

Refusal creates challenges, but it also prevents the state from having a number to lean on.

A private attorney matters because refusal cases require careful strategy. You need someone who knows how to keep the case focused on proof, not assumptions.

Blood Testing and Drug DUI Cases Can Fall Apart

If your case involves blood or urine testing, the state must prove reliability and chain of custody.

These cases can break down because of:

  • Improper storage

  • Lab handling problems

  • Delays in testing

  • Contamination issues

  • Unclear interpretation of results

  • Lack of proof of impairment at the time of driving

Drug DUI cases often involve Drug Recognition Experts, and their opinions can be challenged.

A private attorney matters because drug DUI cases are often built on weak conclusions and incomplete science. The state still has to prove impairment, not just presence.

Actual Physical Control, I Was Not Driving

Florida DUI law includes “actual physical control,” which can allow DUI charges even when a person is not actively driving.

But these cases are defensible, especially when:

  • The vehicle was parked

  • The engine was off

  • The keys were not accessible

  • The person was sleeping

  • There is no proof the person drove

Dismissal can happen if the state cannot prove driving or actual physical control beyond a reasonable doubt.

A private attorney matters because these cases are often overcharged. The state assumes control, but assumptions are not evidence.

Video Evidence Can Make or Break a DUI Case

Body camera and dash camera footage can change everything.

Video may show:

  • The driving was normal

  • The officer’s instructions were confusing

  • The client’s speech was clear

  • The client’s balance was steady

  • The officer escalated the stop without justification

When video contradicts the report, dismissal becomes more realistic.

A private attorney matters because getting video early is critical. Many agencies overwrite footage after a short time. I move fast to preserve it.

A Real Life Example, How I Won a DUI Case That Was Dismissed

A client hired me after a DUI arrest where the officer claimed the client was weaving and showed clear impairment. The client was terrified because the report made the case sound strong.

I immediately requested:

  • Dash camera footage

  • Body camera footage

  • Breath testing records

  • Dispatch logs

The evidence told a different story.

  • The dash camera did not show the dramatic weaving described in the report.

  • The client’s speech was clear and consistent.

  • The officer gave rushed, unclear instructions during the roadside exercises.

  • The breath testing process raised procedural questions that the state could not cleanly explain.

I filed motions challenging the stop and the reliability of the evidence. Once the prosecutor saw the weaknesses, the state’s confidence changed. The DUI charge was dismissed rather than taken to trial with unreliable proof.

That is what private defense does. I do not accept the first version of the story. I prove what the evidence really shows.

What If My DUI Cannot Be Dismissed Completely?

Even if dismissal is not available, that does not mean you are out of options.

A strong defense can still lead to:

  • Reduced charges, such as reckless driving

  • Reduced penalties

  • Avoiding jail time

  • Avoiding ignition interlock

  • Protecting your license through administrative strategy

  • Limiting probation conditions

A private attorney matters because you do not want to accept the harshest outcome just because you are scared. A defense plan can change the result.

Why You Need a Private Attorney to Pursue DUI Dismissal

DUI dismissals are not random. They happen when the defense is prepared, aggressive, and informed.

A private attorney helps by:

  • Reviewing every second of video footage

  • Finding legal issues with the stop and arrest

  • Challenging testing procedures

  • Filing motions to suppress evidence

  • Negotiating from strength

  • Preparing the case for trial when needed

If you want the best chance at dismissal, you need a defense attorney who treats your case like it matters, because it does.

FAQs About DUI Dismissal in Florida

Can a Florida DUI be dismissed completely?
Yes, a Florida DUI can be dismissed completely in certain cases, but it depends on the evidence and the legal issues involved. Dismissals often happen when the traffic stop was unlawful, the officer lacked probable cause to arrest, or critical evidence such as breath results or video footage does not support the state’s claims. A dismissal can also occur if the prosecution cannot prove impairment beyond a reasonable doubt. The key is taking action early. A Florida DUI Defense Attorney can obtain video evidence, test records, and police reports quickly, then use that evidence to challenge the case through motions and litigation pressure.

What is the most common reason a DUI gets dismissed in Florida?
One of the most common reasons is an unlawful traffic stop or a stop that is not supported by reasonable suspicion. If the officer did not have a legal reason to stop your vehicle, the evidence gathered afterward may be suppressed. Without that evidence, the prosecution may not be able to proceed. Another common reason is unreliable evidence, including poorly administered field sobriety exercises or breath testing problems. A Florida DUI Defense Attorney focuses on these issues early because they can change the entire outcome.

Can a DUI be dismissed if I failed the breath test?
Yes, it can, depending on the circumstances. A breath test number is not the end of the case. Breath testing can be challenged based on improper observation periods, mouth alcohol contamination, maintenance problems, operator certification issues, and other procedural errors. The state also must prove you were impaired at the time of driving, not just at the time of testing. A Florida DUI Defense Attorney can review the records and video and determine whether the breath results are reliable and admissible.

Can a DUI be dismissed if I refused the breath test?
Yes. Refusal does not automatically mean the case is unwinnable. The prosecution still has to prove impairment beyond a reasonable doubt, and refusal cases can be dismissed if the stop or arrest was unlawful or if the state’s evidence is weak. A refusal may create administrative license issues, but it can also prevent the state from relying on a breath number. A Florida DUI Defense Attorney can build a defense based on the legality of the stop, the officer’s observations, and whether implied consent procedures were properly followed.

How long does it take to get a DUI dismissed in Florida?
There is no single timeline. Some dismissals happen early after evidence review and negotiation. Others happen after motions are filed and argued, or after depositions reveal weaknesses. Some cases are dismissed closer to trial when the state realizes it cannot meet its burden. A Florida DUI Defense Attorney can push the case toward dismissal by moving quickly, preserving evidence, and challenging the state’s proof at every stage.

Can my DUI be reduced instead of dismissed?
Yes, and in many cases a reduction is the next best result when dismissal is not available. A DUI may be reduced to reckless driving or another charge depending on the facts, the county, and the strength of the evidence. A reduction can help avoid some of the harshest DUI penalties, including long license consequences and certain mandatory conditions. A Florida DUI Defense Attorney can pursue dismissal first when possible, and if not, negotiate aggressively for a reduced charge and reduced penalties.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.