How to Fight a Florida State DUI
A DUI can be very embarrassing and looks very bad on someone's driving record. There are several things in Florida law that can make the world of difference if you are charged with a DUI. In a great deal of cases, police officers may pull over someone, but do so for a reason that does not adhere to Florida law. If this happens, then it is possible for a DUI charge to be dropped or lessened.
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Instructions
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Get a lawyer specifically trained for DUI cases. Unless you're a law student or know the law very well, chances are you won't be able to represent yourself thoroughly. This can make a big difference in the severity of a sentence you may receive and the right lawyer may even be able to stop you from getting a sentence all together. When searching for a lawyer, be sure the lawyer has a case history of representing DUIs. Inquire into the amount of wins the lawyer has made on the defendant's behalf.
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Know the stop issue laws. There are a few DUI stop issues that a charging officer must follow in the state of Florida.
The first one is that an officer can't pull you over for weaving inside your own lane. As long as you don't pass outside your lane, it is legal to weave.
The second stop issue is that an officer can't pull you over unless the officer has a reason to believe that a traffic law or other law has been violated.
Third, if an officer arrests you for a DUI, he must issue you the Miranda Warning first. Failure to issue the Miranda Warning invalidates your arrest.
Finally, an officer can't search your vehicle for a minor traffic offense without the driver's consent or reasonable cause to do so. If this is violated, the evidence gathered by the officer must be dismissed in court, since the evidence was obtained illegally.
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Know the facts about field sobriety tests and breath tests. In some cases, these tests are inaccuarte.
65% of the time, the "standing on one leg" test is inaccurate. There are various reasons that someone can have difficulties standing on one leg that do not revolve around alcohol, such as an injury or other bodily imbalance.
One breath test is not accurate. Someone must take several breath tests to determine whether or not they are impaired. One breath test has a 12.5 percent margin of error.
As well, a blood test can't be taken against someone's will if there was no injury involved in the DUI case. So, if no accident happened and you were forced to a blood test, then the results of those blood tests would be considered invalid in court.
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References
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