Being charged with a DUI in Florida can mean life-changing repercussions. Suspended licenses make everyday life tasks hard, like getting to work, doing your grocery shopping, or taking your child to sports practice. In more serious DUI cases, you may even experience large fines and jail time. This can be overwhelming to navigate, especially if you have been falsely charged.
It is important you contact a knowledgeable and dedicated DUI criminal defense attorney as soon as you can after your arrest. The legal process surrounding charges related to driving under the influence of drugs or alcohol is time-sensitive. The earlier you reach out, the more time your lawyer has to build up your defense.
3 Best Defense After You Have Been Arrested With a DUI in Florida
Once you have been arrested for a DUI in the Sunshine State, you have to move quickly. Florida law allows you to challenge your license suspension within the first 10 days of your charge. Additionally, your lawyer can conduct an investigation into the circumstances surrounding your arrest. Three of the best defenses your Naples DUI attorney can take after you have been charged with a DUI in Florida include the following:
1: Unlawful Stop of Vehicle
In Florida, the officer that has pulled you over must have reasonable suspicion you are intoxicated. If you were not driving sporadically or swerving dangerously into other lanes, the officer does not actually have the authority to stop your vehicle.
Your attorney can argue that not only were you not driving irresponsibly but that doing so does not naturally indicate intoxication. In fact, a study published by the National Highway Traffic Safety Administration reports driving patterns are actually predictive of intoxicated driving only 35% of the time.
2: Incorrect Breathalyzer Results
A breathalyzer measures your blood alcohol concentration. The legal driving limit is 0.08%, which looks different depending on the person’s size, age, and weight. Breathalyzer results are not definitive and can be incorrect for multiple reasons, such as:
- Residual mouth alcohol, caused by regurgitation or burping
- Recent medications
- Recent food or drink consumption, such as protein bars or energy drinks
Additionally, the officer may conduct the test incorrectly. By Florida law, the officer is supposed to observe the subject for over 15 minutes before conducting the test. Failure to do so can result in incorrect results.
3: You Were Not Actually Intoxicated
It can happen. Maybe you were speeding and swerved the car a little bit, or you had a sickness that gave you puffy eyes and slowed speech. Either way, the officer may have suspected you of being intoxicated when you were not. If you refused to take a breathalyzer test, this might have resulted in the immediate suspension of your license.
Your attorney can help to prove you were just sick or exhibiting temporary bad driving judgment. It is also common to experience intense nerves when being pulled over for various reasons. The signs you showcase when nervous are similar to those you do when intoxicated, such as slurred speech, sweatiness, and more.
Receive Representation From a Prestigious DUI Attorney Today
Robert H. Hanaford’s 38 years of legal experience mean proven results. If you have been wrongly charged with a DUI, the Law Office of Robert H. Hanaford is here to help. With a sympathetic ear, we will respectfully listen to your case and provide you with your best legal options and possible outcomes. We will be by your side advocating for your rights the entire time.
Our initial consultations are free, and we are available to speak with you 24/7. To begin the time-sensitive process of building your case, please reach out to us by calling (239) 315-9750 or by using our online contact form.