Florida DUI charges are serious, and that is why every step of the process should be treated with care by both the prosecution and the defense. If you are facing DUI charges, speak with a lawyer who practices DUI defense inFloridaand is familiar with cases like yours. You want to ensure you get the rights you are entitled underFloridaand federal law.
Breathalyzer Challenges for DUI Defense in Florida
When you have been pulled over for a DUI inFlorida, if a breath test is administered improperly or the person administering it was not properly certified, then the breathalyzer results may be invalid, therefore, making it challengeable in court.
A breathalyzer test can be invalidated if:
- there were mechanical or technical difficulties with the machine that was used;
- if the maintenance documents are not produced;
- if human factors interfered; or
- if the 20 minute mandatory observation period was not followed.
Elevated body temperature may also produce false results, as might interference from radio frequency or the presence of acetone.
Blood Test Challenges for DUI Defense in Florida
It may be the case that the phlebotomist who conducted your blood test was improperly trained, that a breath test was impracticable or impossible and so there was no cause for a blood test, or that proper procedures for drawing blood were not used.
Any mistakes in the chain of custody may also cast doubt on the legitimacy of a blood test for Florida DUI charges. If a sample is tainted, contaminated, improperly preserved, or if it cannot be conclusively proven that the blood sample is yours, then the blood test results may be suppressed or thrown out.
Motion to Suppress Evidence for Your Florida DUI Charges
If your Miranda rights were violated – meaning that you were questioned after you invoked your right to remain silent and to speak to an attorney, that you were not allowed to speak to an attorney, or, under other special circumstances which you should ask your lawyer about – then certain statements made may be suppressed.
If you did not voluntarily and freely consent to Field Sobriety Exercises, then your performance on those may be suppressed.
If the officer who pulled you over did not have adequate cause to do so the charges can be dismissed. Additionally, if the officer pulled you over as a result of an unreliable witness’s uncorroborated tip, the charges may be outright dismissed as well.
If an officer lacks probable cause or a “wheel witness” – someone who can verify that you were the vehicle’s driver in physical control of the vehicle – then that may be grounds for a dismissal.
If your rights to counsel or speedy trial are violated, or if you are denied the right to an independent blood test, then you may also have cause for a dismissal of your charges when you have been arrested for a DUI inFlorida.
If you are facing Florida DUI charges, contact an attorney who practices DUI defense inFloridaand can defend your legal rights and ensure you are treated fairly by the justice system.