Not So Black and White: DUI Defenses That Work

When you get charged with a DUI, you may feel like everything is against you. But the legal world of Florida DUI charges is anything but black and white. In order for the prosecution to convict you of a DUI, they need to have solid evidence and not be in violation of any constitutional or other protections in place.

Defenses to a DUI in Florida include:

1. Improper Testing: If there are issues with the instrument or the administration of the test involved in determining your BAC level, then this is evidence that is either completely useless or very limited in its effect. And if the prosecution cannot present evidence of a BAC level of .08 or above, then they may not even be able to bring your case to trial.
2. Improper Stop: In order to pull you over for a DUI in the first place, the police officer in your case must have probable cause to do so. If this is lacking, then the officer is going to have a lot of explaining to do!
3. Field Sobriety Testing: Field sobriety tests are unfair to begin with and whether you pass or fail is determined by the police officer. In many DUI scenarios, there will be a videotape that can serve as important evidence. The tape may physical issues you may be dealing with that limit your coordination or unfair testing procedures employed by the officer in your case.
4. Physical Possession: Were you in control of the car? This is an essential element that the prosecution in your case must prove. In those DUI cases in which an accident was involved, this is not a given and the prosecution may have a hard time defeating this defense.
5. Constitutional Concerns: In questioning you about a potential driving under the influence incident, the police cannot violate your constitutional rights. And if they do, then the statements they elicited in the process will be suppressed.  Remember, if key evidence is suppressed then the state may be forced to either lessen the charges against you or drop the case entirely—we have seen both these things happen many times.
6. Accident Report Privilege: Florida has special rules in place that can protect any DUI questioning when an accident is involved. The law demands that the officer clearly indicate when he or she is switching from questions about the accident to questions about your sobriety. Failure to read you your rights means that any statement may be suppressed under the Florida Accident Report Privilege.

The attorneys at Finebloom & Haenel know all of these defenses and more. We understand that being charged with a DUI is an incredibly scary time in your life. We will work hard to get you the best results possible in your case. Give us a call today for a free consultation. We look forward to discussing your case with you and creating the best defense possible.