An effective DUI defense depends on the specific circumstances of your case. Some common tactics include attacking the field sobriety test results or the initial stop. A unique defense is to claim you weren’t driving at all, or that it was S.O.D. (some other dude). While it is unlikely you will be successful to claim you weren’t driving if you were actually in the driver’s seat there are strategies that will get results that work for you. Our skilled criminal defense attorneys have experience identify what type of defense fits the facts of your case, and are ready to give you the help you need
Florida law allows for a DUI charge if you are caught driving with a blood alcohol content of 0.08% or higher. If your breath test results are in this category, here are some things to consider when putting together a defense for your case:
- Was the test given to you by a person trained and certified to do so? If not, the test results might not be admissible.
- Was the machine properly maintained and calibrated? If not, you should seek to have the results excluded.
You can also look at other chemical reasons for the test result, such as use of mouthwash or an electronic cigarette. Even some prescription medications can cause a breath test to read positive when you have not been drinking, or not to the level considered over the limit. Some of the things you can expect to happen during your DUI case include negotiation of a probationary term, which could include the requirement to attend driving school and that an interlock device be installed in your car. The exact results vary from case to case, which is why it is important to use an attorney that has experience defending DUI’s and can explain the possibilities to you clearly.
For more information about DUI case and how to defend them, call an experienced criminal defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge.