Understanding Technical Defenses for DUI Charges in Florida
Facing a DUI charge in Florida can feel overwhelming, but it’s important to know that a DUI case doesn’t always hinge on whether you were impaired. There are technical defenses that can be used to challenge the legality of the arrest, the accuracy of the testing, and other procedural aspects. Let’s dive into some of the key technical defenses in Florida DUI cases and what they could mean for you.
What Are Technical Defenses in DUI Cases?
In Florida, there are strict rules that law enforcement must follow when stopping, testing, and arresting someone for DUI. If those procedures aren’t followed to the letter, it can open the door to challenging the charges. The goal of a technical defense is to find errors in the arrest process or flaws in the evidence that can be used to suppress evidence or even dismiss the case altogether.
Here are some of the most common technicalities we look for in a DUI case:
Illegal Traffic Stop
One of the most effective ways to challenge a DUI charge is to attack the validity of the traffic stop. Under Florida law, police officers cannot pull you over without a legitimate reason. They must have “reasonable suspicion” that you’ve committed a traffic violation or a crime. For example, if you were stopped simply because the officer thought you looked suspicious but you weren’t speeding or breaking any traffic laws, this could be an illegal stop.
Florida courts take unlawful stops seriously, and if your defense attorney can prove that the stop was made without reasonable suspicion, any evidence obtained after the stop, including breathalyzer results, can be thrown out. Without that evidence, the prosecution may not have enough to convict you of DUI.
Improper Field Sobriety Tests
Field sobriety tests (FSTs) are often used by officers to assess whether a driver is impaired. However, these tests are subjective and can be administered improperly. The three standardized field sobriety tests are:
- Horizontal Gaze Nystagmus (HGN) Test
- Walk-and-Turn Test
- One-Leg Stand Test
These tests require precise administration according to the guidelines set by the National Highway Traffic Safety Administration (NHTSA). If the officer doesn’t follow these guidelines or if certain conditions (like uneven pavement or bad weather) make the tests unreliable, we can challenge the results.
Florida courts have dismissed DUI charges in cases where it was shown that field sobriety tests were improperly administered or that the conditions made them unreliable.
Breathalyzer Calibration and Maintenance Issues
Breathalyzer machines, which measure your blood alcohol concentration (BAC), are a cornerstone of most DUI cases. However, these machines require regular calibration and maintenance to ensure accuracy. Florida law, specifically under Florida Statutes § 316.1932, outlines strict rules for how breathalyzers must be maintained and used.
If there are any irregularities in the machine’s maintenance logs, or if the machine wasn’t calibrated correctly before your test, the results can be challenged. Similarly, if the officer who administered the test wasn’t properly trained, the results may be thrown out.
Blood Test Errors
In cases where a blood test is used to determine BAC, the chain of custody for the blood sample is crucial. If there were any errors in how the blood sample was handled, labeled, or stored, the results of the test can be invalidated. Blood tests must be conducted under strict medical guidelines, and any deviation can be used as a technical defense.
Additionally, we can examine whether the sample was contaminated or if there was a delay in testing that might have skewed the results.
Failure to Read Miranda Rights
If you were arrested for DUI, the arresting officer must read you your Miranda rights, informing you that you have the right to remain silent and the right to an attorney. If the officer fails to do this after placing you under arrest, any statements you made during or after the arrest could be inadmissible in court.
This is another powerful technical defense because it can result in the suppression of key evidence that the prosecution might rely on to convict you.
Unlawful Detention
In Florida, after you are stopped, the officer must have probable cause to detain you further. If they don’t develop probable cause quickly—such as through the smell of alcohol, slurred speech, or visible signs of impairment—they cannot legally hold you for an extended period. If you were detained without sufficient cause or held longer than necessary without justification, we can argue that your detention was unlawful, and any evidence gathered during that time should be excluded.
Dashcam or Bodycam Footage
In many DUI cases, officers are required to record the traffic stop and subsequent arrest on dashcam or body cameras. This footage can be crucial in building your defense. We can review the footage to determine if the officer followed proper procedures or if the footage contradicts the officer’s report.
If the footage shows that the officer’s conduct was inappropriate or that the tests were improperly administered, it could be used to undermine the prosecution’s case.
The Role of an Experienced DUI Defense Attorney
Beating a DUI on a technicality requires an in-depth understanding of Florida’s DUI laws, as well as a thorough investigation of the facts surrounding your arrest. An experienced DUI defense attorney will know where to look for mistakes in the process and how to use those mistakes to your advantage.
At Musca Law, we’ve helped many clients beat DUI charges by uncovering technical issues that led to evidence being thrown out or charges being dismissed. We’ll scrutinize every aspect of your case, from the initial stop to the handling of evidence, to ensure that your rights were not violated.
Why It’s Important to Act Quickly
If you’ve been charged with a DUI in Florida, it’s important to act quickly. Florida’s DUI laws are strict, and there are deadlines for requesting hearings or challenging evidence. For example, if you want to challenge the suspension of your driver’s license, you only have 10 days from the date of your arrest to request a formal review hearing.
The sooner we can start investigating your case, the better your chances of building a strong defense. Time is critical when it comes to gathering evidence, speaking to witnesses, and reviewing police procedures.
DUI Technicalities FAQs
Can a DUI be dismissed if the traffic stop was illegal?
Yes, if the traffic stop was illegal, meaning the officer lacked reasonable suspicion to pull you over, we can argue that any evidence collected after the stop should be suppressed. This includes breathalyzer results, field sobriety tests, and any statements you made. Without this evidence, the prosecution may not be able to prove their case, leading to a dismissal of the DUI charges.
What happens if the breathalyzer wasn’t properly calibrated?
If the breathalyzer machine used in your case wasn’t properly calibrated or maintained according to Florida law, the results of your breath test could be invalidated. This can be a significant defense in your case because the prosecution relies heavily on breath test results to prove DUI. We’ll thoroughly investigate the maintenance records of the machine to identify any issues that could lead to the exclusion of the test results.
Can I challenge the results of field sobriety tests?
Yes, field sobriety tests are often subjective and can be influenced by factors other than alcohol, such as fatigue, medical conditions, or poor road conditions. If the officer didn’t administer the tests according to NHTSA guidelines or if external factors made the tests unreliable, we can challenge the results in court. This could weaken the prosecution’s case against you.
What is a chain of custody error in blood testing?
A chain of custody error occurs when there is a break in the documented process of handling a blood sample. This can happen if the sample wasn’t properly labeled, stored, or transported. In DUI cases, any break in the chain of custody can cast doubt on the accuracy of the blood test results. If we can prove a chain of custody issue, the results of the blood test may be inadmissible in court.
How can bodycam footage help in a DUI case?
Bodycam or dashcam footage can be crucial in defending against a DUI charge. The footage may show that the officer didn’t have a valid reason to stop you, or it may contradict the officer’s testimony about your behavior during the stop. We’ll carefully review all video evidence to see if it supports your defense. In some cases, the footage can lead to a dismissal of charges if it shows that proper procedures weren’t followed.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with a DUI in Florida, don’t wait to explore your legal options. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of experienced criminal defense attorneys is dedicated to defending people charged with DUI and other criminal offenses in Florida. We serve all 67 counties in Florida and are available 24/7/365 to help you protect your rights.