Can You Beat a DUI Charge in Florida? Common Defense Strategies That Actually Work

Getting arrested for a DUI in Florida can be a daunting experience; however, there is one aspect of DUI arrests that requires further scrutiny. An arrest does not automatically mean that you’ve been convicted in Florida’s DUI court system. Prosecutors have the burden of proving “beyond a reasonable doubt” that the defendant was driving under the influence of alcohol or above the legal limit.

Challenging the traffic stop

Every DUI case begins with a traffic stop. The police need some valid basis for stopping your vehicle, which could either entail committing an offense or reasonable grounds that the individual is driving under the influence. If the traffic stop was carried out for invalid or illegal reasons, the defense lawyer can argue against the legality of the process.

If the traffic stop was not made legally, all evidence gathered thereafter will be inadmissible in court.

Questioning the scientific value of field sobriety tests

Although field sobriety tests are a common way to prove impairment, they are not always accurate. This kind of testing is extremely subjective, meaning that there could be many other things that might cause poor test results:

• Physical ailments
• Tiredness or stress
• Unlevel pavement
• Weather conditions

An experienced lawyer will make note of these possibilities when trying to prove that a bad result on a field sobriety test does not prove impairment. 

Attacking breath test results 

The results from breathalyzer tests can be very important for DUI offenses. Nevertheless, there should be proper maintenance and calibration of breathalyzer machines. Small mistakes could make the breathalyzer provide wrong readings.

Defenses that could be used include:

• Checking on the maintenance and calibration of the breathalyzer
• Inquiring about whether the procedure was done according to the guidelines
• Determining if there were any problems with the machine

The prosecution’s case would become weaker without accurate breath test results.

The rising blood alcohol defense

 It takes some time for alcohol to reach the bloodstream. In certain cases, the driver might have a blood alcohol concentration below the legal limit while they are driving, but later, after the test has been performed, it could have risen to above 0.08%.

The “rising blood alcohol” is used to describe these types of cases. Through careful analysis of the chain of events, your Orlando DUI attorney can successfully defend your case.

Disputing drug-related DUI allegations 

Not all DUI cases revolve around drunk driving. If the offense involves any other drug or even a prescription medication, then the prosecutor must still demonstrate the defendant’s impairment.

The role of toxicological test results, observations made by the officer at the scene, and expert opinion becomes crucial. However, this information can be challenged if it fails to demonstrate impairment of the driver’s normal faculties.

Talk to an Orlando, FL, DUI Defense Attorney Today 

FL DUI Group represents the interests of Orlando residents who are facing DUI prosecutions. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.