How to Beat A Florida DUI

Is it possible to beat a Florida DUI charge? The simple answer is yes. If there is a problem with the testing processes, the stop proceedings, or the evidence brought against you, it may be possible to have the charge thrown out. Read on to discover more.

Questioning The Validity Of The Testing

Law enforcement officers in Miami, Florida may conduct on-the-spot testing at the scene of the incident. This may include field sobriety testing and breathalyzer testing. They can be used to support an arrest or a charge and, subsequently, as evidence during legal proceedings. However, there may be a way for individuals to challenge the validity of the tests and the results they produce.

• Field sobriety tests can be influenced by a variety of different factors. For example, if the individual has a speech or mobility defect, this could skew the results of the test and may imply intoxication even if the individual is sober.
• Other medical conditions may also skew the results, and proving that these conditions had an effect may enable the individual to beat the charge.
• Breathalyzer testing requires appropriate training and proper protocol. The officers administering the breathalyzer test need to observe the individual for 20 minutes minimum before the test is taken.
• The breathalyzer test kit itself may malfunction, and this evidence can be challenged by a DUI lawyer in Florida in some cases.

Questioning The Stop Procedure

When law enforcement officers conduct a traffic stop, they need to abide by a certain set of rules and regulations. If they deviate from these rules and regulations, a Florida DUI lawyer may decide to make a challenge, which can be a way for an individual to beat a DUI charge in the state. Challenges can be made for a number of reasons, although there may be exceptions in which challenges will not be upheld.

• If the law enforcement officer did not have a valid reason to conduct a stop, they cannot pull the driver over. For instance, the officer should believe that there is a risk to public health, safety and order, or that the driver represents a threat or danger to other road users. Generally, this means another citation will be made alongside the DUI violation.
• There are some exceptions to this. Law enforcement officers are permitted to set up DUI checkpoints to catch drivers who may be operating their vehicles under the influence. In this case, they will be permitted to make a stop without prior suspicion or reason.
• Drivers may argue that road conditions were not taken into account at the time of the stop. Their Florida DUI attorney may claim that poor visibility due to fog, or lack of traction after rain, led the arresting officer to believe the individual was driving dangerously. It’s important for drivers to take road conditions into account when operating their vehicles, but this may be a mitigating factor.
• If the driver is arrested, the arresting officer must recite the Miranda warning, essentially letting the individual know what their rights are during and after arrest. The Miranda warning does not need to be recited word for word, but officers should make drivers aware of their rights in a clear and easily-understandable way.
• If any law enforcement officer acted improperly during the stop or the arrest, this may result in a challenge. Improper conduct can take many forms, and a Florida DUI attorney will be able to examine the specifics of the case.

Questioning The Evidence Used To Support The Charge

If the driver has to answer a charge in court, law enforcement officers and prosecutors will present evidence against them. This evidence must be of a certain standard in order to be admissible. If it is not, it may be possible to make a challenge.

• The video evidence should support the prosecution’s case. If it is irrelevant — or suggests the driver was not intoxicated — a Florida attorney may challenge it.
• Expert witnesses called to support the prosecution — the defense attorney may challenge their impartiality or their credibility.
• Any evidence used in the prosecution may be challenged if the defense team has reason to believe there could be a problem with it.

Facing A Florida DUI Charge? Get The Support And Guidance You Need

Facing a DUI can be a seriously stressful experience for any driver in Miami-Dade County, and you need legal support and guidance as you navigate the trial process. Reach out today if you are facing DUI charges in Florida, and let’s discuss your case.