Driving under the Influence (DUI) is a serious crime in Florida and across the United States. The penalties can be severe, including heavy fines, loss of driving privileges, mandatory alcohol education, probation, and even jail time. However, like all criminal charges, a DUI charge is not a conviction. There are several defenses available to those charged with a DUI, and a skilled attorney can employ these to potentially reduce or dismiss the charges. This article explores the most common and effective defenses used in Florida DUI cases.
Improper Stop - One of the first defenses that a Florida DUI defense lawyer may consider is whether the police officer made an improper stop. Law enforcement must have a valid reason, such as a traffic violation or suspicion of criminal activity, to pull a driver over. If the officer did not have reasonable cause for the stop, any evidence gathered during the stop may be suppressed, potentially leading to the dismissal of the case.
Inaccurate Field Sobriety Test - Field sobriety tests are notoriously subjective and can often lead to false positives. There are numerous factors that can affect a driver's performance on these tests, including medical conditions, fatigue, nervousness, or even the type of footwear worn. A skilled defense attorney can challenge the validity of these tests and argue that they are not accurate indicators of impairment.
Breathalyzer Inaccuracy - Breathalyzer test results are typically the most substantial evidence in a DUI case. However, these machines are not infallible. They require regular maintenance and calibration to provide accurate readings, and even then, there can be false readings due to medical conditions or the consumption of certain foods or over-the-counter medications. An attorney can request maintenance records for the device and potentially challenge the results of the test.
Violation of Rights - The United States Constitution protects citizens from unlawful search and seizure and guarantees the right to due process. If law enforcement violates these rights during a DUI arrest, it may be possible to have certain evidence thrown out. For instance, if an officer did not properly read a suspect their Miranda rights, any statements made may be inadmissible in court.
Medical Conditions - Certain medical conditions can mimic signs of impairment or affect the results of breathalyzer tests. Conditions such as diabetes, hypoglycemia, or even acid reflux can cause falsely high breathalyzer readings due to the presence of acetone or other substances in the breath. Moreover, neurological or physical conditions could affect the performance on field sobriety tests. Providing medical records that support the existence of such conditions can help refute the DUI charges.
Chain of Custody Issues - If there is a gap in the chain of custody of the blood sample used in the test, the test results may be considered inadmissible. This happens when it is not clearly documented who had possession of the sample at all times, which can lead to questions about whether the sample was tampered with or contaminated.
A Florida DUI charge does not automatically lead to a conviction. There are numerous defense strategies available, and an experienced DUI attorney from Musca Law, P.A. will understand how to leverage these based on the circumstances of the case. While this page provides an overview of the common defenses, it is important to remember that every case is unique, and legal advice should be sought from a professional familiar with Florida DUI laws.
When facing DUI charges in Florida, it's crucial to reach out to Musca Law, P.A., an esteemed DUI Defense law firm renowned for its excellence. With 30 office locations spread across the state, including Miami, the Panhandle, Orlando, Tampa, Key West, and more, we are easily accessible to clients. Our team of highly experienced DUI Defense Attorneys is available round the clock, ensuring free consultations and hearings to assist you.
At Musca Law, our unwavering commitment lies in safeguarding your rights, delivering expert legal counsel, and vigorously advocating for the most favorable outcome. Recognizing that each case is unique, we provide personalized strategies tailored to your specific circumstances, guiding you through this challenging period. To secure a formidable DUI defense, don't hesitate to contact us today at 1-888-484-5057.