Effective Strategy for Fighting DUI Charges

The penalties for a DUI conviction in Florida are very serious. That is why you need a serious defense strategy. We conduct a thorough examination of the facts in every case in order to mount the best defense for you. Every DUI case is different, and so we don’t have a set procedure. What we do have is a track record of successful outcomes by pursuing every legal challenge and argument beneficial to each individual case. Some of the legal strategies we use include questioning the accuracy of the breathalyzer, improper procedure, disorientation due to lights or other factors during the field test, laboratory error, medications that may mimic intoxication, and more.

Police Procedure:  What was the cause of the traffic stop in the first place? The police must have reasonable cause to pull you over. Did you know that it is not against the law to weave within your own lane, and is not cause for a DUI traffic stop?

If you were pulled over for a minor traffic violation, a police officer must have reasonable cause to search your vehicle, or be granted permission by you. If the police searched your vehicle for alcohol or drugs without your permission, that may be a violation of your rights.

Were you read your rights? A police officer must read you the Miranda rights upon your arrest for DUI, or any statements you made may not be used by the prosecution.

What is the character of the officer making the arrest? Does he have any history of disciplinary problems? Are there inconsistencies in his statements? If the officer is not credible, it is hard for the prosecution to make a case.

Laboratory and Field Test Error:

There are many factors that can affect the accuracy of both field and laboratory test results in DUI cases.

Field Sobriety: Many medical conditions such as obesity, medications, foot, leg or back injuries, ear problems, or stroke can cause a sober person to fail a field sobriety test. Even factors such as the slant of the road or the flashing lights of the police vehicle can cause disorientation or balance problems in healthy people. In some cases, errors in procedure by the administering officer may invalidate field sobriety tests. There are many causes to challenge the accuracy of a field sobriety test administered in a DUI arrest.

Breathalyzer and Blood Tests: Breath tests are unreliable, as attested to by experts, and many factors can influence a Breathalyzer test. Certain medications such as asthma inhalers can cause a false positive. So can substances such as mouthwash and nail polish. Machines must be properly calibrated or the results are invalid. The person administering the Breath test in a DUI arrest must be properly trained and certified. You cannot be made to give a blood sample in a DUI arrest unless someone has been injured. Even then, it must be administered by a licensed phlebotomist, and there can be no breaks in the chain of custody. The Laboratory that tests the blood may have a history of improper handling of specimens, or invalid results.

Of course, every DUI case is different, and so the defense strategy varies from case to case. We may use some, or all of these strategies, or different ones depending on the circumstances of your case. We are diligent in our investigations to ensure we present the most effective defense for you.