3 possible defenses to drunk driving (DUI)

On Behalf of | Jan 26, 2023 | DUI

Drunk driving, also known as driving under the influence (DUI), is a serious crime in the state of Florida. The Florida Department of Highway Safety and Motor Vehicles reports that penalties for multiple offenses can result in fines of thousands of dollars and several years in prison.

There are at least three defenses, however, that you may use to challenge DUI charges.

1. Lack of probable cause

Probable cause is a legal standard that requires police officers to have a reasonable belief that a crime has occurred or is imminent before they can make an arrest or conduct a search. If your attorney can show that the police officers did not have probable cause to pull you over, the court may deem inadmissible any evidence obtained as a result of the stop.

2. Improper administration of field sobriety tests

Police use field sobriety tests such as the walk-and-turn test and the one-leg stand test to determine if you are under the influence of alcohol or drugs. If an attorney can show that the tests were not administered properly or that you have a physical condition that affected your ability to perform the tests, the results may not count against you.

3. Incorrectly calibrated breath test

Sometimes a breath test is damning evidence. Other times, the breath test results are inaccurate due to human error while operating the machine.  If the attorney can show that the machine was not calibrated properly or that it was not maintained according to the manufacturer’s guidelines, the court may throw out the results of the breath test.

Always remember that you do have rights, and you can fight these charges.