Common DUI Defense Strategies

Out of 50 states ranked for how dangerous they are based on drunk driving statistics, Florida ranks 34th, which suggests the DUI problem isn’t too severe. However, even one DUI charge can disrupt your life as it can lead to license suspension, fines, or even jail time if you don’t resolve the issue. Darling Law provides experienced legal representation and uses a range of proven DUI defenses to work toward a positive resolution in your case.

Getting Pulled Over for a DUI Traffic Stop

A police officer must have a valid reason for pulling you over. They could pull you over because you showed signs of impairment, such as swerving or because of a traffic infraction. As long as the police have reasonable suspicion to pull you over, the stop is most likely legal. In addition to reasonable cause, the police can also pull you over:

• At DUI checkpoints
• During targeted enforcement
• During proactive policing

What Happens During a DUI Arrest in Florida?

Once an officer stops you, they will ask for your license, registration, and insurance. During this interaction, the officer will note if you show signs of impairment, such as the smell of drugs or alcohol in the vehicle or fumbling around with documents.

The police will always ask if you’ve had anything to drink, but they are not likely to stop with your response, as they know most people underestimate what they drink. Thus, the officer will probably take the investigation further when they have reasonable suspicion or probable cause.

If the officer decides to arrest you for DUI, he must abide by motorist rights by treating you with care and reading your Miranda rights.

What Tests Are Used in DUI Cases?

If the police have a reasonable cause to believe you were drinking or are under the influence of drugs, they may ask you to submit to testing:

• DUI Roadside Testing: Field sobriety tests may include horizontal gaze nystagmus, walking and turning, and balancing on one leg.
• PAS Breathalyzer Testing: Measures your breath alcohol concentration. This test is to asses probable cause for a DUI arrest.
• Mandatory DUI Blood, Breath, and Urine Tests: The police have to have a way to prove you are legally drunk. In Florida, that is a BAC of 0.08 percent or more. This testing is mandatory if law enforcement gets a warrant for the blood draw. When you get your driver’s license, you are also consenting to submit to chemical testing for DUI under the state’s implied consent laws. These are usually done at the police station or hospital.

What Are Common DUI Defense Strategies?

Some of the most common DUI defense strategies include:

• Illegal stops
• Inaccurate testing methods
• Alternative explanations for intoxication
• Chain of custody issues
• Entrapment and coercion
• General violation of rights

Illegal Stops

A stop may be illegal if the officer did not have reasonable suspicion to pull you over. If a DUI defense lawyer can help you prove the stop was illegal, the court can throw out any evidence collected after the stop.

Inaccurate Testing Methods

Breathalyzers, field sobriety tests, and blood tests are not always accurate. Many factors can affect a breathalyzer test, including:

• Incorrect calibration
• Residual mouth alcohol, which can be from mouthwash, breath fresheners, or even the recent consumption of alcohol, can cause an inaccurate reading.
• Certain medical conditions can also cause an inaccurate breathalyzer reading. These conditions may include diabetes, acid reflux, and gastroesophageal reflux disease (GERD), as they produce ketones, which are often read as alcohol by the breathalyzer machine.
• Environmental factors: If you have been exposed to certain chemicals, gasoline vapors, or paint fumes, they can be absorbed by your body and interfere with breathalyzer results.
• Officer error: Sometimes, officers administer the breathalyzer test incorrectly, fail to conduct proper observation periods, or mishandle the machine.

Alternative Explanations for Intoxication

Some people may have alternative explanations for intoxication. Certain medical conditions or environmental factors, such as working with some chemicals, can cause false breathalyzer readings. Other explanations may include:

• Medications that cause fatigue
• Stress
• Nervousness

Chain of Custody Issues

The chain of custody of evidence is the documented process that tracks the collection, handling, storage, and disposal of the evidence police collected against you in a criminal case. If the chain of custody is broken, the evidence may be contaminated through mishandling or tampering.

In Florida, the chain of evidence applies to the collection of blood and urine samples to test for blood alcohol concentration or drugs in your system. Some issues related to chain of custody include:

• Improper collection of blood or urine samples
• Samples not transferred or stored in a proper manner, including missing documentation when the evidence changes hands
• Errors in lab testing
• Missing documentation

A broken chain of custody could render the samples inadmissible in court.

Entrapment and Coercion

Entrapment is a complex legal defense that requires an experienced criminal defense attorney with knowledge of statutory and case law. You must show that you would not have committed the crime, less for the officer’s actions to coerce you into your actions. Each case is different, so strategies to prove entrapment or coercion will be different for each case. However, each case goes through a thorough investigation that may include:

• Analyzing your interaction with the police officer
• Gathering evidence that shows you normally would not have committed the crime
• Hiring expert witnesses to explain the psychological impact of the officer’s actions
• Challenging the credibility of the officer

An entrapment defense often dives into your personal history and character in addition to the circumstances that caused you to commit the crime.

General Violation of Rights

During an arrest, the officer cannot violate your rights, including:

• Reading your Miranda rights
• Unreasonable searches and seizures (must have reasonable suspicion to stop you and must have probable cause to search your vehicle)
• The right to remain silent, including not answering questions about how much you had to drink
• The right to legal counsel

It is usually required to provide your licenses, registration, and insurance.

Why Choose the DUI Defense Attorneys at Darling Law

The criminal defense lawyers at Darling Law have experience in defending DUIs and other crimes. They often defend against DUI laws by creating the best strategy for your case, including challenging breath test results and other potential defenses.

Testimonials

“Andrew and his team have been a god send in a desperate time of help. The immediate action him and his team take is powerful and impressive. They truly take their time to care and understand for your situation. Do not hesitate to call. Veterans this is your go to lawyer, being Andrew is an Army vet himself he’s got your 6. Thank you very much for your help.” – Shane L.

“First off I just want to say thank you! My case was 2 years old, and no Lawyer wanted to touch it because I had court the next day. I called Darling Law, and I didn’t know what to expect but Andrew took my case. Long story short I was looking at years and all the state was trying to do was get me to accept a plea. MY boy Andrew told me we can win this and that’s what the hell we did, just got the good news today, and there still working to make sure my name is clean. I’ll never forget the work and time u put in all the court dates and calls to let me know how everything was going. From me and all of my family with so much love for believing in me. THANK YOU DARLING LAW AND THANK MY BOY Andrew, Andrew, Andrew, Andrew! Lol you don’t know how happy I am. About to go party with my kids.” – Marcus W.

“Very impressionable! Explained everything to me in great detail and with no judgement, especially since it’s my first time in the court scene. Communication was also very easy and Darling and his team would respond very fast. They got me the best possible outcome and I plan on recommending this law firm to others who find themselves in a similar situation as mine. Thank you for your hard work! :)” – Shantall B.

Unsure of the Approach to Handle Your DUI Case? Let Us Help.

If you were stopped for driving under the influence of drugs or alcohol, contact a DUI defense attorney as soon as you are allowed to make a phone call. You can contact Darling Law any time of day or night at 407-329-8260 or by completing our online contact form.