When you are charged with Driving Under the Influence in Florida, it can be a stressful and overwhelming experience. You may face penalties such as license suspension, fines, and even jail time. However, it's essential to know that there are defenses available to help you fight the charges. The following are some of the best defenses to a DUI charge in Florida.

  • Lack of probable cause: Law enforcement officers must have probable cause to stop you while driving. If there was no reason for the police to pull you over, any evidence collected during the stop may be inadmissible in court. For example, if you were pulled over because of your race, religion, or gender, that could be a defense against a DUI charge.
  • Breathalyzer or field sobriety test inaccuracies: Breathalyzer and field sobriety tests are commonly used to determine if a driver is intoxicated. However, these tests are not always accurate and can be affected by various factors such as medical conditions, weather conditions, or even the type of shoes you are wearing. An experienced attorney may challenge the accuracy of these tests and use this as a defense against a DUI charge.
  • Rising blood alcohol content: Blood alcohol content (BAC) levels can continue to rise even after you have stopped drinking. If you were pulled over shortly after drinking, your BAC may have been under the legal limit at the time of the stop, but it could have risen by the time you took the breathalyzer or blood test. An attorney may argue that your BAC was below the legal limit while you were driving and that it rose after the stop.
  • Improper handling of blood sample: Blood tests are commonly used to determine BAC levels. However, if the blood sample is not collected or handled properly, it can be contaminated or compromised, which could affect the accuracy of the test results. An attorney may challenge the validity of the blood test based on the improper handling of the sample.
  • Involuntary intoxication: In some cases, a person may become intoxicated without their knowledge or consent. For example, if you were given a drink that was spiked with alcohol, you may not have known that you were consuming alcohol. In these cases, an attorney may argue that you were involuntarily intoxicated and therefore, not responsible for the DUI charge.
  • Medical conditions: Certain medical conditions can affect a person's ability to perform field sobriety tests or cause symptoms that mimic intoxication, such as slurred speech or unsteadiness. If you have a medical condition that could have affected your performance on field sobriety tests or your behavior while driving, an attorney may use this as a defense against a DUI charge.
  • Faulty equipment: Breathalyzer and blood testing equipment can malfunction, leading to inaccurate results. An attorney may challenge the accuracy of the equipment used to determine BAC levels and use this as a defense against a DUI charge.
  • Miranda rights violations: If the police did not inform you of your Miranda rights, including the right to remain silent and the right to an attorney, any statements you made after the arrest may be inadmissible in court.

Being charged with a DUI in Florida can have serious consequences, but it's important to remember that there are defenses available. If you have been charged with a DUI, it's crucial to consult with an experienced attorney who can help you understand your legal options and potential defenses. By working with an attorney, you may be able to fight the charges, reduce the penalties, or even have the case dismissed. Remember, you have the right to a defense, and it's essential to exercise that right to protect your future.

Are you or a loved one facing DUI criminal charges in Florida?

Don't face the legal system alone. At Musca Law, we are dedicated to providing aggressive and effective representation to our clients. We understand the impact a DUI conviction can have on your life and future, and we will do everything in our power to minimize the consequences of your charges. Call us today at 1-888-484-5057 to schedule your free consultation and protect your future. With our experienced Florida DUI Attorneys by your side, you can face your DUI charges with confidence. We understand the severity of a DUI conviction and we will work tirelessly to protect your rights and fight for the best possible outcome in your case.

Contact Musca Law today at 1-888-484-5057 to schedule your free consultation. Our attorneys will work closely with you to build a strong defense and fight for your rights throughout the legal process.