DUI charges in Florida come with harsh consequences that will continue to affect your life even after supporting the penalties assigned to you if convicted. However, not all DUI charges are fair, and you should consult with a Miami DUI lawyer if you face such charges.
A DUI defense attorney may be able to help you fight off your charges and receive a lesser sentence, reduced penalties, or have your charges dismissed completely if the circumstances of your case allow it.
To understand exactly how a DUI lawyer can help you out, here are some common legal defense strategies used in the Florida courts:
Challenging the Traffic Stop
Police officers in Florida can arrest you for DUI if they have reasonable suspicion. However, if the event of your arrest occurred without reasonable suspicion or probable cause, your attorney can help you challenge the legality of the stop.
When a stop is deemed unlawful, the evidence obtained from it, such as field sobriety or breathalyzer test results, can be suppressed.
Questioning the Field Sobriety Tests, Breathalyzer or Blood Test Results
Field sobriety tests, such as the walk-and-turn or one-leg stand, are often used to determine impairment. However, these tests can be subject to human error, such as uneven surfaces or other factors unrelated to impairment that can influence the results.
Because of this, such tests can be challenged for their reliability and accuracy, weakening the case against you. Regarding a breathalyzer or blood test results, your defense team can also challenge them.
The calibration of the testing equipment, the qualifications of the individuals conducting the tests, or whether the administration was properly conducted can all be contested and challenged.
Rising BAC Defense
Another common DUI defense tactic is the rising BAC defense. Alcohol takes time to be absorbed into the bloodstream, and it can be argued that an individual had a below-the-legal-limit BAC at the time of driving, which later increased by the time the chemical test was administered.
Contesting the Observations and Officer’s Testimony
In some instances, you can challenge the observations and testimony made by the arresting officers. A DUI lawyer will showcase any inconsistencies in the officer’s testimony and other statements to challenge the credibility and the accuracy of their observations in an effort to weaken the case against you.
Involuntary Intoxication or Medical Conditions
In some cases, drivers are unknowingly intoxicated due to being drugged, or if they have certain medical conditions, the symptoms may be mistaken due to their similarity to impairment. In this instance, involuntary intoxication or a medical defense can be used in a DUI case if it can be proven.
In rare instances, drivers can use the necessary defense if they have to operate their vehicles despite being under the influence to avoid serious harm or injury.
Lastly, depending on the circumstances of a case, a DUI defense attorney can negotiate a plea deal with the prosecution to reduce charges to a lesser offense, such as reckless driving. This offense carries less severe penalties than a DUI conviction.
However, it’s important to consult with a DUI defense attorney to understand exactly what your defense options are. There may be other ways to defend yourself against a DUI charge. Still, everything depends on the available evidence and the circumstances of your case, which only a defense lawyer can capitalize on and guide you.