Can Florida DUI Defense Attorneys Get a DUI Charge Dismissed?

DUI Dismissals and Defense Strategies Under Florida Law

A DUI arrest in Florida can feel like an overwhelming situation. The penalties are severe, affecting your driving privileges, finances, and even your freedom. Many people wonder if a DUI charge can be dismissed, and the answer depends on the details of the case. As DUI defense attorneys, we scrutinize every aspect of the arrest to determine if the charges can be reduced or dismissed.

Under Florida law, driving under the influence is a serious offense, but not every case results in a conviction. The key to getting a DUI charge dismissed often lies in procedural errors, lack of evidence, or constitutional violations. Let’s examine how DUI cases are handled in Florida and what legal options are available to fight the charges.

Understanding DUI Charges in Florida

Under Florida Statutes § 316.193, a person can be charged with DUI if they:

• Operate or have actual physical control of a vehicle, and
• Have a blood alcohol concentration (BAC) of 0.08% or higher, or
• Are impaired by alcohol, controlled substances, or a combination of both.

DUI charges are based on two types of evidence: BAC results and observed impairment. This means you can be charged with DUI even if your BAC is below 0.08% if the officer believes your ability to drive is impaired.

Can a DUI Charge Be Dismissed?

Dismissing a DUI charge requires finding legal or procedural flaws in the case. The following are some common reasons DUI cases get thrown out in Florida courts.

1. Lack of Probable Cause for the Traffic Stop

Under Florida law, an officer must have reasonable suspicion to pull you over. If you were stopped without a valid reason, any evidence collected afterward may be inadmissible in court. Examples of unlawful stops include:

• Being pulled over for no reason other than leaving a bar late at night.
• A traffic stop based on an anonymous tip without independent verification.
• Officers stopping you for something that isn’t a traffic violation.

If the stop itself was illegal, we can file a motion to suppress evidence, which may lead to dismissal of the charges.

2. Field Sobriety Test Errors

Field sobriety tests (FSTs) are often used to establish probable cause for a DUI arrest. These tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. However, these tests are subjective and can be influenced by factors like:

• Uneven road surfaces.
• Medical conditions that affect balance.
• Poor lighting or weather conditions.
• Nervousness or anxiety.

If the officer did not conduct the tests properly or failed to consider external factors, we can challenge the results and weaken the prosecution’s case.

3. Breathalyzer or Blood Test Issues

Breathalyzers must be calibrated and properly maintained to ensure accurate readings. Under Florida Statutes § 316.1934, breath test results must comply with strict guidelines. Common issues that may lead to dismissal include:

• Improper calibration: Machines must be checked and calibrated regularly.
• Operator error: The officer must be certified to administer the test.
• Mouth alcohol contamination: Certain conditions, like acid reflux or recent alcohol-based mouthwash use, can cause false positives.

If the prosecution’s main evidence is a breath or blood test result that was obtained improperly, it may be excluded from trial.

4. Illegal DUI Checkpoints

Florida allows DUI checkpoints, but they must follow strict guidelines. If a checkpoint is improperly conducted, stops may be unconstitutional under Florida Statutes § 901.151. The following checkpoint violations could lead to dismissal:

• Officers using discretion instead of following a pre-set pattern for stopping vehicles.
• The checkpoint not being clearly marked.
• Failure to provide advance notice of the checkpoint.

If the checkpoint did not follow legal requirements, any evidence gathered may be suppressed.

5. Lack of Evidence to Prove Impairment

If the prosecution cannot prove beyond a reasonable doubt that you were impaired, the case may be dismissed. Common weaknesses in DUI cases include:

• No BAC results (if you refused the test).
• No evidence of bad driving (if you were stopped for something minor like a tag light being out).
• No video footage of impairment from the officer’s body camera or dashcam.

If the prosecution’s case is weak, we may negotiate for dismissal or a reduced charge.

How Long Do You Have to Act After a DUI Arrest?

One of the most important deadlines after a DUI arrest is the 10-day rule. You have 10 days from the date of your arrest to request a DHSMV hearing to contest the automatic suspension of your driver’s license. If you fail to request a hearing, your license will be suspended automatically, even if you are not convicted.

A formal review hearing allows us to challenge the evidence, question the arresting officer, and fight to restore your driving privileges.

Possible Outcomes for DUI Cases in Florida

While dismissal is the best-case scenario, there are several possible outcomes in a DUI case:

• Dismissal: Charges are thrown out due to lack of evidence or legal violations.
• Reduction to Reckless Driving: Some DUI charges are reduced to reckless driving under Florida Statutes § 316.192, often called a "wet reckless."
• Pretrial Diversion: First-time offenders may qualify for diversion programs that result in no conviction upon completion.
• Trial and Acquittal: If the case goes to trial and the prosecution cannot prove impairment beyond a reasonable doubt, the defendant is found not guilty.

Florida DUI Case Dismissal FAQs

What are the most common reasons DUI charges get dismissed in Florida?
DUI charges may be dismissed if there was no probable cause for the traffic stop, if field sobriety tests were improperly administered, or if breathalyzer results were inaccurate. Legal errors in the officer’s procedures can also lead to dismissal.

Can I get a DUI dismissed if I refused the breath test?
Yes, but refusal comes with consequences. Refusing a breath test leads to an automatic license suspension under Florida’s Implied Consent Law. However, a lack of BAC evidence can sometimes make the prosecution’s case weaker.

What should I do within 10 days of a DUI arrest?
You must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within 10 days to challenge the suspension of your license. If you miss this deadline, your driving privileges will be suspended automatically.

How can an illegal traffic stop lead to a DUI dismissal?
If the officer lacked reasonable suspicion to stop you or probable cause to arrest you, any evidence obtained during the stop may be ruled inadmissible. Without key evidence, the prosecution may drop the charges.

Can DUI checkpoints result in wrongful arrests?
Yes. Florida DUI checkpoints must follow strict guidelines. If officers deviate from legal procedures, the checkpoint stop may be unconstitutional, leading to a potential dismissal of charges.

How does a DUI lawyer challenge breathalyzer results?
A DUI lawyer can examine machine calibration records, the officer’s training certifications, and external factors that may have caused a false positive, such as medical conditions or improper administration of the test.

Is it possible to get a DUI charge reduced instead of dismissed?
Yes. In cases where dismissal isn’t possible, DUI charges can sometimes be reduced to reckless driving or another lesser offense, which carries fewer penalties and does not result in a DUI conviction.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.