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Top DUI defenses in Fort Myers, Florida

On Behalf of | Jul 28, 2023 | DUI/DWI Defense

Florida summers are great for picnics in the sunshine and warm days at the beach. Unfortunately, they are also known for driving while under the influence (DUI) and DUI checkpoints.

It is important to know how some of the most common DUI defenses.

Technical errors in the DUI stop

An officer can only stop you if they have probable cause. This means they have to have a reason to stop you. If they do not, the stop is invalid.

The only exception to this is checkpoints. A checkpoint stop is easy to avoid because law enforcement has to publish them in advance.

Inaccurate test results

Field sobriety testing is sometimes inaccurate and relies on an officer’s best judgment. Police conduct them in some of the worst conditions possible. Things that affect sobriety testing are:

  • Road conditions
  • Strobing lights from the officer’s vehicle
  • Nerves
  • Neurological and other disorders
  • Weather conditions
  • Balance of the participant

There is often a fine line between passing and failing a field sobriety test. Something as simple as dehydration from the Florida sun can cause you to fail.

Inaccurate breath sobriety testing

In some cases, they can ask you to take a breath test. There are various ways to defend against this, including improper calibration, no observation period and outdated equipment. One study reports that vaping can seriously impact the results of a standard field sobriety test.

Summer in Florida is a time for enjoyment and fun in the sun. Law enforcement knows this and will use it against you. It is very important that you know the different ways to defend against a DUI.