Florida DUI Lawyer
Like all states, Florida goes to great lengths to obtain convictions for drunk driving. The stigma associated with this act has led prosecutors to aggressively pursue these cases, even in situations where the evidence is weak.
If you have been arrested for driving under the influence, a dedicated defense attorney could help. You deserve an advocate who understands every aspect of the criminal justice system. A Florida DUI lawyer could review your case and answer any questions you have about your next steps.
DUI Charges in Florida
The act of driving under the influence of drugs or alcohol—more commonly known as DUI—is a criminal offense in the State of Florida. For the state to obtain a conviction, they will need to prove two important elements: that the defendant was impaired and that they were driving a motor vehicle.
The issue of impairment is usually addressed through test results from a blood, breath, or urine sample. A person with a blood alcohol concentration (BAC) of .08 or more is considered impaired under the law. These results are typically the most important evidence the state can offer at trial.
Of course, not everyone agrees to submit to chemical testing. Those who refuse face additional consequences, which can also impact how the state approaches their case. To get a conviction, they will need other evidence of impairment, which could come in the form of an admission to drinking or the failure of field sobriety tests.
Showing that a person is under the influence is only the first step. The state also has to show they were driving or otherwise in actual physical control of the car. This is straightforward in most cases which involve the police pulling over a motorist. However, the law also extends to those who are in physical control of a car—even if they are not driving. For example, a person sitting in the front seat of a running vehicle could be guilty of DUI even though they had no intention of driving anywhere. An experienced DUI lawyer in Florida could review the relevant laws relating to a specific circumstance during a free consultation.
Potential Defenses in a DUI Case
An attorney in Florida has different options for approaching a DUI case. Two of the most common strategies involve challenging the police stop or chemical test results.
Challenging the Stop
The police do not have free reign to pull over every car they see. They require a reasonable suspicion that a criminal act has been committed. It could be something as minor as a traffic violation, but there must be some grounds for making the stop.
Any evidence they collect could be thrown out if an officer makes an illegal stop. For example, an admission of drinking or even a blood sample collected from the driver may be inadmissible at trial.
Challenging the Tests
Attacking the results of a chemical test can be a strong strategy. There are strict rules on how samples are taken, stored, and tested. The failure to follow these standards may render results inaccurate. An attorney could challenge and exclude these results from the trial when appropriate.
Call a DUI Attorney in Florida for Skilled Guidance
You have the right to a vigorous defense if you were pulled over under suspicion of drunk driving. Beating these charges is often a possibility, but it can be challenging on your own.
A Florida DUI lawyer could help you develop a strategy toward the best possible outcome. Reach out to Price Benowitz today for a confidential consultation.
