A DUI arrest is the first contact many people have with the criminal justice system or law enforcement. It can be a scary and intimidating experience. People unfamiliar with DUI legal cases often assume that the outcome of DUI cases are generally a forgone conclusion. This mistaken assumption may lead one to assume that he or she should just plead guilty and “get it over with” without seeking advise from an experienced Florida DUI defense attorney. In reality, Florida DUI attorneys successfully challenge DUI charges on a regular basis and frequently get the charges dismissed or obtain an acquittal at trial. Even where this is not possible, an experienced Florida DUI defense attorney will be able to identify weaknesses in the prosecutor’s case which can be the basis for negotiating a reduction in charges. If you are arrested for a Florida DUI, it is important that you seek the advice and guidance of an experienced Florida DUI attorney.
I have provided an overview of some DUI defense strategies that your Florida DUI attorney may use in attempting to obtain the best possible outcome in your Florida DUI case:
Challenging Legal Basis for Stop: A police officer cannot stop you without a sufficient legal basis. Many people are stopped because they speed or violate traffic laws. A traffic violation is a legitimate basis for a police officer to pull you over as is erratic behavior that may create “reasonable suspicion” that you are driving under the influence of alcohol, such as driving very slow for a prolonged distance or struggling to keep one’s car centered in a lane. However, the officer’s “reasonable suspicion” to pull you over and inquire further must be based on articulated facts not a “mere hunch” or racial profiling.
Undermining the Officer’s Observations: A police officer will typically claim that he asked a driver to submit to field sobriety testing or chemical testing like a breath test. The officer may claim that he observed red watery eyes, slurred speech and the smell of alcohol on a driver’s breath. Many times this recitation is so rote that it is almost formulaic. An experienced Florida DUI defense attorney will carefully examine the officer’s reports and may even review other reports for indications that these observations were reported as part of a mere pseudo-copied version of prior reports. There are also many innocent reasons that a driver may have red watery eyes or slurred speech, which may have nothing to do with the consumption of alcohol. Allergies or dry contacts can have the same effect. If the officer claims that you exhibited a loss of balance existing the vehicle, these observations also can be questioned as being a function of a person’s limited mobility, obesity or general lack of balance.
Inaccuracy of Field Sobriety Testing: These tests result in a false positive result that a driver is intoxicated as much as 35 percent of the time depending on the test given. This assumes that the officer is properly trained, selects one of only three tests that have actually been identified as being reasonably reliable and conducts the test according to very specific procedures and scoring rules. This creates a huge margin for error, and an experienced Florida DUI attorney can often convince a jury that these unnatural physical tests were not conducted or scored properly. A good Florida DUI defense attorney may even persuade a jury that the officer used the test to confirm his predetermined conclusion that a driver was intoxicated rather than to discover the truth.
Inaccuracy of Breath Testing: Breath test results are hardly infallible. Breath test devices are highly fallible and may create a false test result in many situations. There is currently a question about the use of such test results in Florida because the company that produces the device that is used refuses to provide the source codes for the machine. Breath tests can be inaccurate for many reasons based on the time that has passed since your last drink or whether you have used mouthwash or are diabetic. Even your gender can affect the test result. An experienced Florida DUI defense attorney will know how to utilize the science and computer/mechanical issues that may undermine breath test results. Even blood test results can be challenged because the delay between a DUI stop and the blood test may lead to a blood test result that registers higher than when the driver was actually pulled over.
These are just a few defense strategies that a Florida DUI defense attorney may use to help obtain the best possible outcome in your Florida DUI case. It is important that you do not speak to the officer or admit drinking and driving. You should seek immediate legal advice from an experienced Florida DUI lawyer who can begin developing your DUI defense strategy.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
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