How a DUI Lawyer Can Challenge the Charges After a Traffic Stop
Facing a DUI charge after a routine traffic stop can be overwhelming, but understanding your rights and potential defenses is critical. A traffic stop doesn’t automatically lead to a valid DUI charge. Many factors can affect the legality of the stop, how the tests were conducted, and whether the evidence can hold up in court. Let’s break down the defense strategies that a DUI lawyer can use to challenge the charges, especially when a traffic stop leads to DUI allegations.
The Legality of the Traffic Stop
One of the first areas we examine when building a defense is whether the traffic stop was legal. Under Florida law, police officers must have a valid reason to pull you over. They cannot stop you without cause. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures, and this includes traffic stops. If the officer didn’t have probable cause, any evidence gathered during the stop, such as field sobriety test results or breathalyzer data, could be thrown out.
For example, Florida Statute § 316.614 lays out the requirement for wearing seat belts, and officers may pull you over if they observe a violation of this statute. However, if they stopped you without a legitimate reason, we can challenge the legality of the stop. This can lead to a dismissal of the DUI charge altogether.
Challenging Field Sobriety Tests
Field sobriety tests (FSTs) are a common tool used by officers to assess impairment during a DUI stop. However, these tests are not always reliable. Factors like uneven pavement, poor weather conditions, or even your health can affect how you perform on these tests, regardless of whether you’ve consumed alcohol.
Florida follows the guidelines set forth by the National Highway Traffic Safety Administration (NHTSA) for standardized field sobriety tests, but these tests are still subjective. Your DUI lawyer can challenge the administration and interpretation of the tests. If the officer didn’t follow proper procedures or misinterpreted your performance, the results of the FSTs might be excluded from evidence.
Breathalyzer and Blood Test Accuracy
Another key piece of evidence in DUI cases is the result of a breathalyzer or blood test. While these tests are generally more reliable than field sobriety tests, they are not without flaws. Machines like breathalyzers must be regularly calibrated, and the officer administering the test must be properly trained. If the equipment wasn’t maintained correctly or the test was improperly administered, the results could be inaccurate.
Florida Statute § 316.193 outlines the legal BAC limit of 0.08% for DUI charges, but challenging the accuracy of the breath or blood tests can be a viable defense. We can request maintenance records for the machine used in your case, question the officer’s training, and explore whether external factors could have affected the test results, such as medical conditions or even the presence of certain chemicals in your environment.
Questioning Officer Conduct
A traffic stop doesn’t give the police carte blanche to behave however they please. Officers must follow specific protocols and treat you fairly. If they conducted themselves inappropriately—whether by using coercion, intimidation, or violating your rights during the stop—we can argue that their actions invalidated the evidence collected.
For example, if the officer failed to properly inform you of your rights, including your right to remain silent, this could be a violation of your Fifth Amendment rights. Florida’s implied consent law requires you to submit to a breath, urine, or blood test when lawfully arrested for a DUI, but you must also be fully informed of the consequences of refusal. Any failure to do so can weaken the prosecution’s case against you.
Video Evidence
In today’s world, many police departments equip their officers with dashboard or body cameras. These recordings can be a key piece of evidence in your defense. Video footage might show that the traffic stop was illegal, the officer misrepresented your behavior, or that the field sobriety tests were improperly conducted. Having video evidence that contradicts the officer’s report can be a powerful tool in getting charges reduced or dismissed.
Medical Conditions or Other Factors
There are various medical conditions or other factors that can mimic the signs of intoxication, such as slurred speech or balance issues. Diabetes, neurological disorders, or even fatigue can affect your ability to pass field sobriety tests. Certain medications can also cause side effects that an officer might misinterpret as signs of impairment.
A skilled DUI defense attorney will explore whether any medical conditions or other factors contributed to the officer’s suspicion of impairment. If we can show that these external factors, rather than alcohol or drugs, caused the signs of impairment, it may be possible to get the charges reduced or dismissed.
Time Gaps and Arrest Delays
Timing can be everything in a DUI case. If there were significant delays between the traffic stop and your arrest or the administration of a breathalyzer test, it may affect the reliability of the results. Alcohol takes time to absorb into your bloodstream, so if there was a delay in testing, your BAC might have risen after you were pulled over. This is known as the "rising BAC defense," and it can be used to argue that you weren’t over the legal limit while you were driving, even if your BAC was over the limit at the time of the test.
Similarly, if the officer didn’t make an immediate arrest or there were procedural delays, it could weaken the prosecution’s case.
Suppressing Evidence
One of the most powerful tools in defending against a DUI charge is the motion to suppress evidence. If we can show that the officer violated your constitutional rights during the traffic stop or arrest, we can file a motion to suppress, which could prevent the prosecution from using certain evidence against you. Without that evidence, the case may fall apart, leading to a dismissal of the charges.
Understanding Florida’s DUI Laws and Penalties
It’s important to recognize the potential consequences of a DUI conviction in Florida. Florida Statute § 316.193 outlines the penalties for DUI, including fines, jail time, and license suspensions. For a first offense, you could face up to six months in jail, a fine of up to $1,000, and a license suspension of up to one year.
However, if this is your second or third offense, or if there were aggravating factors (such as a minor in the car or an exceptionally high BAC), the penalties increase significantly. Understanding the severity of these penalties underscores the importance of having a strong defense.
Building Your Defense with Musca Law
At Musca Law, we know how to challenge the evidence in DUI cases and craft a defense that fits your situation. Each case is unique, and we take the time to thoroughly investigate the circumstances surrounding your traffic stop, arrest, and any testing conducted. Our goal is to protect your rights and ensure that the prosecution’s case is thoroughly scrutinized.
If you’ve been charged with a DUI after a routine traffic stop, don’t wait to get the legal representation you need. There are many potential defenses that can be used to fight the charges, and having an experienced DUI defense lawyer on your side can make all the difference.
Florida DUI FAQs
Can a DUI charge be dismissed if the traffic stop was illegal?
Yes, if the traffic stop was conducted without probable cause or violated your rights, your attorney can challenge the legality of the stop. If the court agrees that the stop was illegal, any evidence gathered during the stop could be thrown out, and the DUI charge may be dismissed.
Are field sobriety tests reliable in DUI cases?
Field sobriety tests can be subjective and influenced by factors like uneven ground, poor weather, or medical conditions. These tests are not foolproof, and their results can be challenged. Your DUI lawyer can question how the tests were conducted and interpreted.
Can a breathalyzer test result be challenged?
Yes, breathalyzer test results can be challenged on various grounds, including improper calibration of the machine, officer error, or even medical conditions that could affect the results. If there were issues with the administration of the test, the results might be deemed unreliable.
What happens if I refuse to take a breathalyzer test in Florida?
Under Florida’s implied consent law, refusing a breathalyzer test results in an automatic license suspension. However, refusing the test can limit the amount of evidence the prosecution has against you. While there are penalties for refusal, a skilled DUI lawyer can still build a strong defense.
Can medical conditions affect the outcome of a DUI case?
Yes, certain medical conditions can mimic the signs of intoxication, such as slurred speech or difficulty with balance. Conditions like diabetes, neurological disorders, and even medications can lead to false conclusions during field sobriety tests. Your lawyer can present medical evidence to counter the prosecution’s claims of impairment.
How does video evidence impact a DUI defense?
Video footage from a police officer’s body camera or dashboard camera can be crucial in challenging the officer’s version of events. If the video contradicts the officer’s testimony or shows procedural errors during the stop or tests, it can strengthen your defense and possibly lead to a dismissal of the charges.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation!
If you’ve been charged with DUI after a routine traffic stop, 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 for your FREE consultation.