Daytona Beach Criminal Lawyer Blog
In Florida, there are many ways a criminal defense attorney can fight DUI charges.
Every DUI arrest presents unique circumstances, and no two cases are ever the same. Fortunately, the law allows for several different strategies that can be used to minimize your charges, dismiss your case, or win at trial.
DUIs are serious charges that can never be erased from your criminal record in Florida.
If you’ve been arrested for DUI, consulting with a criminal defense attorney in Daytona Beach will be the first step in resolving your matter.
Challenges to DUI Arrests
Generally, an attorney will look to challenge specific elements involved in your DUI arrest to suppress evidence. They may argue against legality, police conduct, medical reports, or other technicalities that could be useful in dismissing your case or lowering the charges.
Improper Police Stop
Drivers cannot be pulled over without a valid reason. Your attorney might look to challenge the legality of the traffic stop if the police failed to comply with Florida statutes.
You must have committed some type of infraction or traffic violation to warrant a stop. If you did nothing to break the law or put other motorists in danger, your attorney can argue that the stop was improper.
Field Sobriety Tests
Prosecutors may use field sobriety tests as evidence for a DUI conviction.
Research has shown that field sobriety tests are increasingly flawed and often result in false positives due to underlying factors such as a person’s health or inadequate testing conditions.
Your DUI attorney may look to invalidate field sobriety tests and have them thrown out as evidence.
Breathalyzer Tests
Law enforcement agents must follow various procedural requirements to submit a valid breathalyzer test into evidence. Police in Florida must observe you for at least 20 minutes before administering a breathalyzer test.
If your attorney determines that police failed to engage in due diligence, they may try to fight the validity of the test.
Blood Tests
Similarly, attorneys can try to challenge blood test results and have them dismissed as evidence. Blood tests must be administered by qualified professionals who follow strict standards. If your attorney suspects the sample was drawn incorrectly or tainted, the results can be invalidated.
Without a blood test to prove you were intoxicated, prosecutors will have a difficult time proving a DUI charge.
Violation of Your Rights
Anyone arrested in Florida must be read a Miranda Warning by law enforcement. Miranda Rights are constitutional rights to an attorney and to remain silent during an arrest. When law enforcement fails to read these rights to a suspect, any statements you made, such as an admission of guilt, can become void.
Though DUI defense in Daytona Beach can be challenging, an experienced attorney will know how to address any potential rights violations.
Affirmative Defense Approach
An affirmative defense admits that you drove under the influence but looks for ways to mitigate the legal consequences of the charges. In other words, an affirmative defense recognizes that DUI occurred but argues you should not be held accountable for the charges.
Some common examples of affirmative defense include:
- Involuntary intoxication
- Entrapment by law enforcement
- Necessity due to an emergency
- Mistaken fact of intoxication
- Being forced to drunk drive against your will
Though many of these scenarios are rare, every DUI arrest is different, and your attorney will determine the best strategy to fight your charges.
DUI Defense in Daytona Beach
Beating a DUI charge may present some challenges, but a seasoned defense attorney will know how to approach the case and represent you in court. If you were arrested for DUI in Florida, consult with a DUI lawyer to learn more about your options in fighting the charges.