DUI Defenses for Florida Residents

If you have recently incurred a moving violation in the state of Florida, and you were accused of driving under the influence, you might be fearful of the repercussions of a DUI conviction. These fears are not at all irrational. A guilty DUI verdict could result in the loss or suspension of your license, in addition to extremely high fines, even possible imprisonment. However, there are many defenses for DUI charges that prove to be tried and true in the courtroom.

Defense #1: Question the Accuracy of Field Test Results

The National Highway Traffic and Safety Administration has issued standardized field tests for officers to perform on individuals suspected of driving while intoxicated. The standardized tests include:

• The one leg stand
• The walk and Turn
• The Horizontal Gaze

Any other field test an officer chooses to conduct, such as having the driver hop up and down while reciting the alphabet backwards, is a non standardized test that can easily be questioned. Even the accuracy of the standard field test can fall under scrutiny, due to the fact that the driver could have performed poorly simply because they were nervous. The physical effects of anxiety include:

• Dizziness
• Fatigue
• Trembling
• Twitching
• Labored Breathing
• Muscular Tension

If a driver experiences any of the above symptoms, their ability to perform well in a field test would obviously be impaired.

Defense #2: Failure to Follow Procedures

Many officers neglect to follow proper procedures when citing a moving violation. If the arresting officer failed to mention your right to remain silent or to point out that you had the right to an attorney, the entire case becomes null and void. Other procedural failures include paperwork mishaps and violations of privacy. If an officer left you on the side of the road for any length of time, that officer is guilty of a violation. There are many procedural loopholes to be considered at the time of an arrest, particularly one that involves the allegation of driving while intoxicated.

Defense #3: Other Causes of Increased Blood and Alcohol Levels

Breathalyzers are machines that must be well maintained and calibrated in order to produce accurate results. If the functionality of the machine is in question, the results said machine produces must be questioned as well. There are other factors that can contribute to an increase in the blood alcohol level of an individual, such as:

• An emotional state
• The diet of the person taking the test
• Prescription Medication

Blood tests are even more complicated and the necessary machinery requires regular maintenance efforts. Even the use of properly maintained blood testing equipment does not eliminate room for error in the event of switched results and improper storage. Any negligence in the execution of either test can garner inaccurate results that will not be accepted by the court.

A DUI accusation is not a conviction, and with the proper legal council representing you it doesn’t have to lead to a conviction. If you have incurred a DUI in the state of Florida, our knowledgeable attorneys can offer you solutions you might not have otherwise considered.