Being arrested doesn’t automatically mean you’ll be convicted: there are multiple strategies that can get the charges reduced or even dismissed. Having the right attorney on your side can make all the difference.
At Kawecki Criminal Defense Attorney & DUI Lawyer , our South Florida DUI attorney combines a deep understanding of Florida law with years of courtroom experience to build strong defenses tailored to your case.
The most important step you can take now is to speak with a qualified DUI attorney about your situation. Call 772-238-6091 today to schedule a free consultation and get the guidance you need to protect your future.
Legal strategies that can help you face a DUI charge in South Florida
Being arrested for driving under the influence of alcohol or drugs is a stressful situation that can change a person’s life. In South Florida, DUI laws are strict, and the consequences of a conviction can include heavy fines, loss of a driver’s license, community service, probation, and even jail time. Additionally, a DUI can leave a criminal record that affects your ability to find employment, rent housing, or maintain certain professional benefits.
For some drivers, such as those with commercial drivers’ licenses (CDLs), a DUI can mean the loss of their entire career. However, being arrested doesn’t automatically mean you’ll be found guilty. There are defense strategies that, depending on the circumstances, can result in the charges being reduced or dismissed.
This article explains the most common defenses in DUI cases in Florida, how they are applied, and why having an experienced criminal defense attorney can make all the difference.
Understanding the importance of evidence in a DUI case
One of the first aspects analyzed in a DUI case is how the police obtained the evidence. Officers must follow specific protocols when stopping a driver, conducting field sobriety tests, and administering chemical tests. Any errors in this process can weaken the prosecution’s case.
For example, if the officer didn’t have clear probable cause to stop the driver, all evidence obtained afterward could be challenged. Similarly, if procedures were not followed in collecting breath or blood samples, that evidence could be deemed unreliable.
Challenging Field Sobriety Tests
Standardized field sobriety tests, such as walking a straight line or following an object with your eyes, are often used as evidence that a driver was under the influence. However, these tests are not always accurate. Factors such as fatigue, medical conditions, anxiety, or even the type of footwear worn can affect the results.
A criminal defense attorney may argue that the defendant’s performance on these tests does not reflect a state of intoxication, but rather external circumstances. In many cases, this line of defense successfully undermines the initial charge.
Questioning the validity of chemical tests
In Florida, breath and blood tests are key to supporting a DUI charge. However, they are not error-free. The measuring devices require frequent calibration and proper maintenance. If technical standards are not met, the results can be unreliable.
Additionally, there are medical conditions, such as diabetes or gastric problems, that can alter the levels detected in a breath test. An experienced attorney can present medical or technical evidence to challenge the validity of the results and, in some cases, have them excluded from the proceedings.
Evaluate whether there was a violation of constitutional rights
Every person arrested has constitutional rights that must be respected. These include the right to remain silent and to have legal representation. The right not to be detained without just cause is also protected.
If these rights were violated during the trial, the defense can argue that the evidence obtained is inadmissible. This can lead to a significant reduction in the charges or even a complete dismissal of the case.
Possibility of agreements with the prosecution
Not all DUI cases go to trial. In many cases, the prosecution and defense reach an agreement. This may involve the defendant pleading guilty to a lesser charge, such as reckless driving, in exchange for a reduction in the more severe penalties.
These types of agreements, known as “plea deals,” are not always the best option, but in certain circumstances they can be beneficial in avoiding more serious consequences. The key is to have an attorney who can assess the case realistically and negotiate for the client’s benefit.
Impact of background and personal factors
The defense strategy also depends on the defendant’s criminal record. A first DUI arrest may be treated differently than a second or third charge. The judge and prosecutor often consider factors such as driving record, criminal history, and the circumstances of the arrest.
For example, if there was no accident or injury and it’s a first-time offense, there’s a greater chance of pursuing diversion programs or alternative sanctions. These programs may include alcohol and drug education, community service, and the possibility of avoiding a formal conviction.
The value of experienced legal representation
Todd A. Kawecki reviews every detail: from the police report to chemical tests and witness statements. He can also interview eyewitnesses, subpoena police body camera footage, verify the maintenance of testing equipment, and file motions to exclude improperly obtained evidence.
This thorough preparation allows for building a solid defense and seeking the best possible resolution, whether that means a reduction in charges, participation in an alternative program, or, in certain cases, a dismissal of the case altogether.
Facing a DUI charge can have serious consequences, but you don’t have to do it alone. The attorney at Kawecki Criminal Defense Attorney & DUI Lawyer is ready to analyze your case, explain your options, and fight for the best possible outcome.
📞 Call 772-238-6091 today and schedule your free consultation with an attorney who understands what’s at stake and knows how to defend you.
