Can I Fight My DUI Charges?
If you were arrested for driving under the influence, you may think that a conviction is a foregone conclusion. However, this couldn’t be further from the truth. Not only may you be able to fight to have your penalties reduced, but—depending on the circumstances surrounding the arrest—you could also even have the charges dismissed.
A DUI defense attorney can conduct an in-depth investigation into the arrest to look for any signs that the arresting officers engaged in improper conduct or made mistakes. Ultimately, the State needs to build a rock-solid case to convict you, so finding even a single weakness could be the magic bullet you need to restore your license, avoid jail time, and clear your criminal record.
How Can I Defend Myself against a DUI Arrest?
Fighting DUI charges can be a time-consuming undertaking. To find weak links in the state’s case, you will have to investigate the arrest thoroughly to find any evidence that the arresting officers infringed on your rights.
Let’s take a look at a few common defenses against a DUI arrest in Florida:
- Improper Field Sobriety Test: Before arresting a suspected intoxicated motorist, police officers may administer a series of Field Sobriety Tests (FST) to gauge a driver’s level of impairment. Common tests include vision tests such as the horizontal gaze nystagmus, and balance tests such as walk and turns. However, these tests are far from perfect; there can be many different factors such as stress, age, illness, or disability that might lead to inaccurate results. For example, if you have a condition that affects your legs, you may appear to be under the influence during a balance test even if this is not the case.
- Illegal Traffic Stop: In the state, officers can only stop you on the road if they have “probable cause”. In other words, the arresting officer must have proof to show that you were either committing a traffic infraction or breaking the law. As a result, if your attorney can show that the arresting officers did not have “probable cause”, the case against you may be dismissed.
- Inadmissible Breath Test Results: Not only must the officer administering a breath test possess the correct qualifications, but these machines are also subject to stringent regulations and maintenance requirements. Any signs that the device was misused, incorrectly calibrated, or not properly maintained could be used to suppress the results of a breath test.
Discuss Your Case with a DUI Defense Attorney in Port St. Lucie, Florida
A DUI conviction can flip your life upside down, not only leaving you unable to drive, but also affecting your ability to get a job, apply for housing, and further your education. As such, it’s important to fight your charges while you still have a chance to do so.
Todd A. Kawecki is a skilled DUI defense attorney whose time spent working as a prosecutor has equipped him with an in-depth understanding of Florida’s laws, statutes, and court proceedings. He has helped guide numerous clients through this process and achieved favorable outcomes in their cases. Reach out to us at 772-485-4500 or tap through to our contact page HERE to secure a free case review.