Being arrested and charged with a DUI is pretty serious and it’s important to think what to do if this happens. You can consult an experienced Florida DUI attorney and fight the case in court and attempt to get the charge dismissed or reduced.
These arguments can help:
- Illegal stop and checking – The office has to offer a valid reason on why you were stopped in the first place. “reasonable suspicion” that a infraction has been committed must be present for the officer to ask you to pull over; generally, speeding, careless driving, running a red light etc. are valid reasons.
- Questioning the field sobriety tests – though the police regularly use these tests to determine if a person’s functioning is impaired due to alcohol or drugs, they cannot be fully relied on. Other factors like poor health, disability, weather conditions and even restrictive clothing and/or footwear can cause the person to fail the tests which include standing on one leg, walking in a straight line and turning, and so on.
- Disputing suspicion that you were under the influence: Officers normally rely on the appearance of the driver – bloodshot eyes, slurred speech, smell of alcohol and so on, to justify the DUI arrest. But other factors like a medical condition, can also cause these effects.
- Challenge the Breathalyzer results – you can argue that the equipment is not properly maintained and has malfunctioned, giving a higher BAL reading.
- Challenge the blood test results – you can question the efficiency of the testers as well the lab equipment and dispute the results of your blood/urine test.
- Challenge the legality of the DUI checkpoint – contest the validity of roadblocks used to check for DUI; you can claim that your rights were violated during the process, and no adequate notice of the checkpoint was provided.
- Were you Mirandized during the arrest? If the officer failed to read you your rights, you may be able beat the rap.
- Alleging prejudice or misconduct on the part of the arresting officer – if the officer who arrested you showed any kind of bias against you because of your appearance, race/religion, and so on, you can challenge the validity of the arrest.
- Challenging jurisdiction – often the authorities may stop and/or arrest you outside their jurisdiction, which maybe illegal. Check if this was so, and challenge the arrest on those grounds.
- Failure to issue implied consent warning – the officer cannot demand that you submit to a breathalyzer test; he needs to remind you of the implied consent.
Police officers are skilled at handling these kind of questions in the court; so you need experienced and skilled DUI lawyers in Florida who will represent you in court and can discredit their testimony. You have a much better shot at getting the charges dismissed or reduced with a qualified lawyer at your side.