DUI is a serious crime in Florida, and conviction could affect your life for years to come. For this reason, you should always speak to an attorney before entering a plea in your DUI case. In many instances, there are defenses that you can raise that could result in an acquittal or the court dropping your case in its entirety.
Here are some of the most common defenses raised in DUI cases. To determine whether any apply in your case, you should talk to a lawyer as soon as you can.
The Initial Traffic Stop Violated Your Rights
In order to stop you, the police must have reasonable suspicion that a crime is being or recently has been committed. If they didn’t have reasonable suspicion in your case, any evidence that was gathered during the traffic stop could potentially be declared inadmissible in court.
The Breathalyzer Was Improperly Calibrated
To provide an accurate reading, breathalyzers must be calibrated correctly. If there is any evidence that the breathalyzer device used in your case was improperly calibrated (or not calibrated at all), it may be possible to have the results thrown out.
Alternative Explanations for “Signs of Intoxication”
It’s remarkable how similar police reports about DUI arrests can be. Invariably, the suspect has “slurred speech and glassy eyes” and a there was a “strong smell of alcohol emanating from the car.” To be fair, these are common signs of alcohol intoxication and the police are trained to look for them during traffic stops. That said, there are many medical conditions, such as allergies and diabetes that may cause the exact same signs. In fact, there are even medical conditions that can affect breathalyzer results. If you have a medical condition that could cause symptoms that could be confused with alcohol intoxication, a skilled lawyer may be able to cast doubt on the state’s assertion that you were driving drunk.
Arrested for DUI? Call Us Today for a Free Consultation with a Melbourne Criminal Defense Lawyer
If you’ve been accused of DUI in Florida, you need to retain an attorney as soon as you can. To schedule a free case evaluation with an experienced criminal defense attorney, call 321.549.7886 or contact us online.