4 Ways to Fight a DUI in Florida
A drunk driving charge should never be taken lightly as a conviction could result in harsh penalties and a permanent blemish on your criminal record. As such, it’s important to make the most of every opportunity you have to fight the charges.
While it may seem like your fate is sealed, there are many ways to challenge a DUI and have the charges dropped. In this article, we look at a few common strategies that—depending on your situation—could be used to help you build a strong defense.
1. The Officers Didn’t Have Probable Cause
In the state, police officers are required to have “probable cause” to make a lawful traffic stop. In other words, the officer must be able to provide evidence that you were committing a traffic infraction or violating the law—he or she cannot just stop you for an arbitrary reason. As a result, if you can show that the arresting officers were either mistaken in their reason for pulling you over, or that they didn’t have “probable cause” to stop you, the evidence gathered during this stop could be suppressed.
2. The Breathalyzer Malfunctioned
Breathalyzer devices are one of the most common ways to test if a driver is over the legal blood-alcohol limit. However, not only can these devices malfunction, but not all officers have the necessary qualifications to conduct tests properly. As such, if you can show that the device was incorrectly calibrated, inadequately maintained, or the officer conducting the test didn’t follow protocol, such results could be thrown out.
3. The Field Sobriety Tests Were Performed Incorrectly
Field sobriety tests, such as balance and vision tests, are often used to determine whether a motorist is under the influence. However, there are many different factors that could lead to inaccurate results. For instance, if you have a disability, your condition could affect your performance in such tests making it appear as if you’re drunk even though you are sober. Alternatively, if you are stressed or feeling ill, these factors could also affect the results.
4. The Arresting Officers Failed to Read You Your Rights
If you’re arrested, officers are obligated to read out your rights. If you can show that they failed to do so, anything you said after the arrest may be ruled as inadmissible as evidence in court. Video footage or audio recordings of the moment you were arrested could help demonstrate that the officers failed to fulfill this legal obligation.
Discuss Your Case with a DUI Lawyer in Palm Beach Gardens, FL
Were you arrested for driving under the influence? It may be in your best interests to speak to a Florida DUI lawyer. Todd A. Kawecki is a former prosecutor who has dedicated his practice to defending the rights of those who have found themselves on the wrong side of the law. Depending on the circumstances surrounding the arrest, he may be able to have your penalties reduced or the charges dismissed. Contact us today at 772-272-9269 or send us a message HERE to request a free case review.