Being pulled over by police is inconvenient and annoying, especially if it’s unwarranted. Even if you have zero alcohol in your system, once those sirens go off, the traffic stop can go one of two ways.
In the instance of a DUI charge, you don’t want to leave things to the last minute.
A DUI can be a life-altering situation with consequences that impact your mobility both personally and professionally. For example, if you lose your car and license but have a job that requires you to commute, you’re now facing a possible job loss on top of your DUI charges.
It’s essential to know that if you have been arrested for Driving Under the Influence, it doesn’t mean an automatic conviction.
There are ways to defend yourself from these incriminating charges, and in today’s post, we’ll be covering some of the best defense strategies.
This compilation has been put together by our Legal Experts here at Florida Ticket Firm. Before we begin, if you have any questions or you’re in a time-pressed situation, don’t hesitate to contact us at 844-352-3476.
Top Florida DUI Defense Attorney
Before we cover our recommended defense strategies, it’s important to discuss the basis of a DUI charge and how it impacts your life on many levels, including financially and physically. It’s critical to get to know the consequences of your DUI charge as they vary from state to state.
In Florida, your first DUI conviction can result in a fine of $500 – $1000 plus up to 6 months in jail. If you have a minor in the car with you and/or your BAC is over 0.15, the fine increases to $1000 – $2000 and up to 9 months in jail (for full details visit: Florida Department of Highway Safety and Motor Vehicles ).
Despite the complexities behind each territory, there are some commonalities, such as:
- Blood Alcohol Concentration
- Impaired Driving
- Field Sobriety Tests.
Blood Alcohol Concentration (BAC)
In Florida, the Blood Alcohol Concentration (BAC) legal limit allowed is 0.08%. If your BAC exceeds this limit while operating a vehicle, you could be facing a Driving Under the Influence charge.
Even if your Blood Alcohol level is below the legal limit, you could still be looking at Driving Under The Influence charges if your driving is visibly impaired from either alcohol or drugs.
Field Sobriety Tests (FSTs)
To assess a driver’s level of impairment, police will often conduct what is called a Field Sobriety Test (FST). Some physical expectations during these FSTs include: walking in a straight line, balancing on one leg, and touching your finger to your nose repeatedly.
These tests are not always accurate when it comes to impairment indicators, especially if someone has a disability that makes it hard to complete the Field Sobriety Test requirements.
Now that we’ve covered the key components of your DUI charge, we can also help you prepare for your upcoming court date. One of the best ways to get ahead of your DUI is by having the best attorneys on your side. Here are our Top 7 Strategies that work!
DUI Defense Strategies – Expert DUI Attorney Tips
Tip #1 – You Can Challenge The Traffic Stop
The foundation behind your DUI arrest and charge lies within the traffic stop itself. If the police officer cannot prove that he/she stopped you with probable cause, your attorney can challenge the legality of the stop altogether.
In this situation, your charges could be dismissed completely due to a lack of supporting grounds for the traffic stop.
Tip #2 – You Can Challenge The Field Sobriety Test
Field Sobriety Tests are prone to errors.
Your attorney can go over the details of your FSTs and point out any errors that could result in your ability to challenge the reliability of the tests that you were put through.
Some factors that you and your attorney could consider include:
- Uneven terrain
- Poor weather conditions
- Physical limitations
Tip #3 – Improper Breath Testing
Did you know that your mouth alcohol levels can be impacted by burping, belching, or regurgitating?
These factors lead to false high BAC readings.
Discuss with your attorney whether or not proper procedures were followed during your breath testing. Keep in mind that there are rules and regulations that Florida Police must follow, which outline the strict procedures behind blood and breath testing.
If they fail to adhere to these regulations, you and your attorney can challenge the tests and enforce the exclusion of this important and critical step in obtaining evidence against you.
Tip #4 – Rising Blood Alcohol Levels
After you’ve been pulled over, your Blood Alcohol Levels can continue to rise.
If your BAC limit was below at the time you were driving, but the police intervened on your route home, it caused your blood levels to rise while you were pulled over. This could be compelling evidence that can help you plead your defense with the judge.
Tip #5 – Physical vs. Mental Impairment
This one is a bit harder to prove, but if successful, your attorney could argue that you were mentally alert and capable of driving even though physically, you were considered impaired to be doing so.
Tip #6 – Diet and Medical Considerations
There are physical conditions such as diabetes and high-protein diets that can impact the results of a breathalyzer test.
Your lawyer can use your medical records to challenge your BAC readings.
Tip #7 – Non-Compliance with Miranda Rights
Were your Miranda Rights read to you BEFORE the police conducted their interrogation? If the answer is no, any self-incriminating statements you made during that time can be challenged in court.
Handling DUI Charges in Florida
Facing a DUI charge in Florida can have severe consequences, but it’s essential to remember that an arrest doesn’t guarantee a conviction. In this article, we’ve highlighted various effective defense strategies that can be employed with the assistance of an experienced DUI Defense Attorney.
By understanding and implementing these defense strategies, you can proactively protect your future and increase the likelihood of your charges getting dropped or dismissed.
Contact a DUI Lawyer for Your Case Today
Don’t let a DUI charge define your life. If you start building your DUI defense case now, you’ll increase the likelihood of your charges getting dropped or dismissed later.
Take action now to enhance your chances of dismissal or acquittal. Contact our team at Florida Ticket Firm for a free initial consultation by calling 844-352-3476.