DUI in Florida, Here Are 5 Ways to Challenge the Charges

DUI in Florida, Here Are 5 Ways to Challenge the Charges and Protect Yourself From the Harsh Consequences

As a Florida DUI defense attorney, I have represented thousands of people who felt overwhelmed after their arrest. Many believed the case against them was already set in stone because of a breath test result or because an officer claimed they showed signs of impairment. Others were convinced that the officer’s observations would automatically lead to a conviction. I understand how frightening that moment can be, but a DUI charge in Florida can be challenged in several powerful ways. Prosecutors must prove their case, and officers must follow legal requirements with precision. The smallest error can shift the entire outcome of a case.

Florida law, particularly section 316.193, outlines what the state must prove before they can convict someone of DUI. The statute describes two primary avenues. The state must show that a person was driving or in actual physical control of a vehicle and that their normal faculties were impaired, or that they had a certain alcohol concentration in their system. While the language is strict, the law also creates opportunities for defense because every requirement must be met with reliable evidence. When any step in the process is flawed, the charges can be reduced or dismissed altogether.

The most significant advantage someone has is hiring an attorney early. Without a private attorney, the state assumes everything was done correctly. The court assumes the officer behaved properly, that the testing equipment functioned accurately, and that the traffic stop was legal. These assumptions work against you unless they are challenged directly. My role is to uncover what really happened and present the facts in a way that protects your future.

Below are five of the most effective ways I challenge DUI cases in Florida, along with the strategies I use and the reasons they work.

1. Challenging the Legality of the Traffic Stop

The first question I ask in every DUI case is whether the officer had a lawful reason to stop the vehicle. Under Florida and federal law, police must have reasonable suspicion that a traffic violation or criminal activity occurred before they can stop a vehicle. This is one of the strongest defense strategies because officers sometimes act on assumptions instead of legitimate traffic violations.

Some examples of unlawful stops include:

• Swerving within a single lane without crossing lane lines
• Anonymous tips with no corroboration
• Following a vehicle based on a hunch
• Stopping a car because it left a bar or nightclub
• Claims that do not match body camera footage

If the initial stop was unlawful, every piece of evidence gathered afterward can be suppressed. Without that evidence, the state cannot proceed. This is often the turning point in a case, and I have obtained dismissals using this strategy alone.

A private attorney is essential during this stage because these issues rarely appear obvious in written reports. They show up in body camera footage, dash camera footage, and inconsistencies in officer statements. I gather these records immediately, review them closely, and use them to challenge the stop before the state builds momentum.

2. Challenging Field Sobriety Exercises

Field sobriety exercises are some of the most misunderstood parts of a DUI investigation. Many clients believe failing these exercises means the case is already lost, but these tests are not scientific and are often administered incorrectly. Officers receive training on how to conduct these exercises, but many deviate from those standards in real situations. Small errors can make their observations unreliable.

The law does not require anyone to perform these exercises. Officers use them to gather evidence, but the results are subjective. A person may appear unsteady due to medical conditions, age, footwear, roadway conditions, weight, or even the officer’s instructions.

I review body camera footage to see:

• Whether the officer gave clear instructions
• Whether the area was level and safe
• Whether the client had medical issues that impacted balance
• Whether the officer interrupted or distracted the client during the test
• Whether environmental factors affected performance

When these issues exist, the court may question the reliability of the exercises. This weakens the state’s case and often leads to reductions or dismissals.

3. Challenging the Breath Test Results

Many DUI defendants believe a breath test result ends the case. It does not. Breath testing machines must be maintained, calibrated, and operated according to strict rules. Even minor deviations can make the result unreliable. The Florida Department of Law Enforcement sets detailed requirements for these machines, and officers must follow those steps closely. When they do not, the result can be excluded.

Some of the issues I look for include:

• Improper calibration
• Incorrect observation period
• Medical conditions affecting breath volume
• Device maintenance gaps
• Operator certification problems
• Mouth alcohol contamination
• Interference from environmental substances or residual alcohol

In some cases, the machine itself may register falsely elevated results due to mechanical issues. If the breath test becomes unreliable, prosecutors often lose interest in pursuing the case aggressively.

A private attorney with experience handling breath test challenges is vital because these technical details require specific knowledge and access to records that the defendant cannot obtain on their own.

4. Challenging Blood Testing Procedures

Blood tests are used in accidents, refusal cases, and high alcohol concentration cases. These tests rely on proper collection, storage, labeling, transportation, and laboratory procedures. Any break in the chain of custody can create doubt, and even small laboratory errors can make the results unusable.

I review the following:

• Who collected the sample
• Whether the sample was stored at the correct temperature
• Whether preservatives or anticoagulants were used properly
• Whether the sample was contaminated
• Whether the chain of custody was documented correctly
• Whether the lab followed standardized procedures

Florida law requires that blood evidence be handled carefully to prevent inaccurate results. When the procedure does not follow these rules, I challenge the evidence and, in some cases, remove it entirely from the case.

5. Challenging Whether You Were in Actual Physical Control

Florida law allows prosecutors to charge someone with DUI even if they were not driving, as long as they were in actual physical control of the vehicle. This issue often arises when someone is sleeping in their car, resting after drinking, or waiting for a ride. Prosecutors must prove that the person had the ability to operate the vehicle, which often turns on small details like:

• Whether the keys were in the ignition
• Whether the keys were inside the vehicle at all
• Whether the engine was running
• Whether the person was in the driver’s seat
• Whether the vehicle was operable

I have won several cases by establishing that the client took responsible steps to avoid driving. Sleeping in a parked car should not be treated the same as driving, and courts are often willing to accept this defense when the facts support it.

A Real Case Example From My Practice

One of my clients, a young professional from Sarasota, was arrested after officers found her sleeping in her car outside a restaurant. She had finished dinner and decided to rest before driving home. She placed her keys inside her purse in the back seat and reclined the passenger seat. Despite taking responsible steps to avoid driving, officers arrested her after claiming she appeared impaired and had the ability to operate the vehicle.

I argued that she was not in actual physical control because:

• She was in the passenger seat
• The keys were not accessible
• The vehicle was turned off
• She took steps to avoid driving

After presenting these facts, along with supporting case law, the prosecutor dismissed the DUI charge. The result protected her record, her job, and her future. This case is an example of how important it is to have a private attorney who understands the nuances of Florida DUI law and who is willing to investigate every detail.

Why You Need a Private Attorney for a Florida DUI Case

A Florida DUI case moves quickly. Your license can be suspended before your first court date. The state begins building its case immediately, and without strong representation, the process works against you. A private attorney can:

• Request body camera and dash camera footage.
• Challenge the legality of the traffic stop.
• Inspect breath test maintenance records.
• Request dismissal based on constitutional violations.
• Negotiate for reduced charges.
• Prepare for trial when necessary.
• Protect your license through the administrative hearing.

Every section of a DUI case offers an opportunity for defense, but only when someone understands how to expose errors and weaknesses.

FAQs, Answered by a Florida DUI Defense Attorney

Can a DUI be dismissed in Florida even if I failed the breath test?
Yes, it can. A breath test result is only as reliable as the procedures used to obtain it. I have challenged cases where the observation period was not completed correctly, the breath testing machine was not calibrated properly, or the operator failed to follow required steps. When these issues arise, the result can be excluded, which influences how the prosecutor views the strength of the case.

Can I fight a DUI if the officer said I failed field sobriety exercises?
Yes. These tests are not scientific and rely heavily on the officer’s opinion. People fail these exercises for reasons that have nothing to do with alcohol, such as medical conditions, anxiety, poor footwear, or uneven pavement. With body camera footage and medical documentation, I can often show that the exercises were unreliable or unfairly assessed.

What if I was not driving but was asleep in the car?
The law requires proof that you were in actual physical control of the vehicle. If the keys were not accessible or if you took steps to avoid driving, this can be a strong defense. I review the position of the keys, the position of the person inside the car, and the overall circumstances. Many of these cases result in dismissal when presented properly.

Can a first-time DUI result in jail?
It can, but jail is usually avoidable with strong representation. Judges consider many factors, including driving behavior, cooperation with officers, criminal history, and the strength of the evidence. When I present a detailed and organized defense, including mitigation materials, jail is often taken off the table.

How long will a DUI stay on my record in Florida?
A DUI conviction stays on someone’s driving record for years and remains on their criminal record permanently unless reduced to a lesser offense. One of the goals of early defense is to avoid a conviction so the person can protect their future employment, insurance rates, and background checks.

Do I have to perform field sobriety exercises when stopped by police?
No, the law does not require these exercises. Officers often imply that the test is required, but it is voluntary. Declining the exercises may limit the evidence the state can use. In many cases, refusing these tests helps the defense.

How soon should I hire a DUI attorney?
Immediately. The first days after a DUI arrest are critical. There is a deadline to challenge the administrative license suspension, evidence must be preserved quickly, and video footage must be requested before it is deleted. Waiting makes the case harder. The state already has your police report, your breath test results, and your footage. You need someone who can balance the scale.

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.