Facing a DUI charge in Florida can be overwhelming, but several legal defenses can help challenge the case.
Understanding these common defenses is key to protecting your rights.
Challenging the traffic stop
A DUI defense often begins by questioning the legality of the traffic stop. Under Florida law, law enforcement must have a valid reason to pull someone over, such as erratic driving or a traffic violation. Without reasonable suspicion, the stop becomes unlawful, and any evidence obtained may not be used in court.
Questioning field sobriety tests
Field sobriety tests, such as walking a straight line or standing on one leg, often determine impairment. These tests are subjective and influenced by factors such as medical conditions, weather, or uneven surfaces. Improper administration can undermine their validity.
Disputing breath test results
Breath test results are commonly used in DUI cases but are not always reliable. Florida law requires proper maintenance and calibration of breath test devices. If the device malfunctions or the test is administered incorrectly, the results may be inaccurate and subject to dispute.
Arguing rising blood alcohol levels
Alcohol takes time to absorb into the bloodstream. In some cases, a driver’s blood alcohol concentration (BAC) may have increased between the time of driving and the time of the test. This defense asserts that the BAC was below the legal limit while the driver operated the vehicle.
Examining police procedures
Police officers must follow strict protocols when conducting DUI arrests. Procedural errors, such as failing to read Miranda rights or mishandling evidence, can weaken the prosecution’s case.
Protecting your future
DUI charges carry serious consequences, but a strong defense can challenge the evidence effectively. By understanding these potential defenses, individuals in Florida can take action to safeguard their rights and future.