In Florida there are many defenses that are available to people arrested and charged with Driving Under the Influence (DUI). If you are arrested for DUI you can challenge the charge on constitutional, legal, or administrative grounds. A successful defense can lead to the exclusion of evidence, while others might lead to an outright dismissal of the charge before trial. The defenses discussed below are certainly not all inclusive. This list is provided only to give you a general idea of possible avenues of attack against DUI charges under Florida law.
Just a few of the common tactics used to attack a DUI charge are to:
Challenge the Stop
Challenging the traffic stop is the most common method of defense in a DUI case. When you challenge the traffic stop itself, the defense attorney is challenging the reason the officer stopped you in the first place. If the attorney is successful in challenging the stop, everything that occurred after the encounter is inadmissible. There are many reasons the stop can be challenged. Some of the most common are:
You did not commit a traffic violation: For example, you made a right turn on red. But it is shown that you did so properly. So there was no reason for the officer to stop you.
Your equipment was not really defective: You were cited for having a turn light out, but in fact, your car has two and one was operating so there was no need to investigate you.
The officer did not observe what is required to establish probable cause: Probable cause is a legal standard. Whether or not you rose to the level needed to make an arrest is a highly technical legal defense that should only be explained by a licensed attorney.
The officer gave you bad legal advice: The officer told you something that was not a correct statement of the law. As a result you did something incriminating. Because the officer misadvised you the information obtained may be thrown out.
Proving any of these defenses in court could result in the suppression of evidence against you and dismissal of your case.
Challenge the Field Sobriety Tests
Field Sobriety Tests (FSTs) are the physical tasks designed by law enforcement as a way to measure a person’s sobriety. In most DUI cases, a law enforcement officer will administer FSTs prior to arresting you. The most common FSTs are:
There are several ways to challenge an officer's testimony about your performance on these tests. Does the officer know what your balance and coordination is normally? Do you have any physical disabilities like a bad ankle or knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making the results unreliable and inadmissible. Is the officer qualified to perform the field sobriety tests? Some field sobriety tests, such as the HGN test, may only be performed and testified to by a certified alcohol recognition expert. Other tests, such as the reverse alphabet test have been deemed too unreliable by the courts. Bottom line, these tests are extremely subjective and a good attorney can attack their reliability.
Challenge the Breath/Blood/Urine Tests
Breath. The most disputed part of a DUI case is often the results of the breath test. The breathalyzer machines used by law enforcement to indicate intoxication are tightly regulated and subject to strict maintenance requirements to be admissible. Additionally, the testing must be done in a very specific manner. The failure to either properly maintain the machines or conduct the tests in accordance with required procedures can result in the results being thrown out as evidence.
Blood. There are typically two different ways that your attorney can challenge the blood test results. The first is to challenge whether or not the officer had the right to take a blood sample from you. Because taking blood from an individual involves a personal intrusion into their body, each state has very strict rules governing its appropriateness. In Florida, a blood sample can only be taken by force in instances where there is seriously bodily injury or death. Otherwise, the law enforcement officer must have your permission. The second way to challenge the blood test is to challenge the result itself. Blood is very fragile. In order for a test result to be accurate, there are several protocols that must be followed. If those protocols are ignored or neglected, the sample could be compromised.
Urine. Although a urine test is not as accurate as a blood result, the way a knowledgeable attorney challenges the results are very similar. The methods used to test the result can be challenged if the operator or technician did something incorrectly and therefore compromised the results. The results itself can also be challenged. Typically, all that is reported on a urine test is whether or not a substance was present. Depending on the substance found, it may be impossible to say with any accuracy when you ingested the substance and/or how much is in your system. Some drugs such as cocaine stay in the system for a very short period of time, like cocaine. Other drugs, such as marijuana, can stay in a person’s system for up to a month. A good DUI defense attorney will be able to use this knowledge to your advantage.
These are just some of the ways an attorney may be able to challenge your DUI arrest. An experienced and knowledgeable DUI defense attorney will investigate every possible scenario.
Contact DUI Defense Attorney Rebecca Cozart
Winning any type of challenge to your case can result in a complete dismissal. Even if it is not successful in suppressing evidence, your attorney can use the same approach to create reasonable doubt for a jury. But in order for it to be effective, you must have an attorney who is familiar with these defenses and has the ability to effectively present them.
Contact Rebecca Cozart to discuss your case today and obtain the DUI defense you deserve. During the consultation, we can look at the facts of your case to determine what defenses might exist. Whether your case involves a breath test, urine test or blood test, or a refusal to submit to chemical testing, Rebecca Cozart can help you fight the charges.
Just a few of the common tactics used to attack a DUI charge are to:
- Challenge the Traffic Stop
- Challenge the Field Sobriety Tests
- Challenge the Breath/Blood/Urine Results
Challenge the Stop
Challenging the traffic stop is the most common method of defense in a DUI case. When you challenge the traffic stop itself, the defense attorney is challenging the reason the officer stopped you in the first place. If the attorney is successful in challenging the stop, everything that occurred after the encounter is inadmissible. There are many reasons the stop can be challenged. Some of the most common are:
You did not commit a traffic violation: For example, you made a right turn on red. But it is shown that you did so properly. So there was no reason for the officer to stop you.
Your equipment was not really defective: You were cited for having a turn light out, but in fact, your car has two and one was operating so there was no need to investigate you.
The officer did not observe what is required to establish probable cause: Probable cause is a legal standard. Whether or not you rose to the level needed to make an arrest is a highly technical legal defense that should only be explained by a licensed attorney.
The officer gave you bad legal advice: The officer told you something that was not a correct statement of the law. As a result you did something incriminating. Because the officer misadvised you the information obtained may be thrown out.
Proving any of these defenses in court could result in the suppression of evidence against you and dismissal of your case.
Challenge the Field Sobriety Tests
Field Sobriety Tests (FSTs) are the physical tasks designed by law enforcement as a way to measure a person’s sobriety. In most DUI cases, a law enforcement officer will administer FSTs prior to arresting you. The most common FSTs are:
- Horizontal Gaze Nystagmus (HGN); eyes follow the pen
- Walk and Turn
- Stand on One Leg
- Finger to Nose
- Recitation of the Alphabet
There are several ways to challenge an officer's testimony about your performance on these tests. Does the officer know what your balance and coordination is normally? Do you have any physical disabilities like a bad ankle or knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making the results unreliable and inadmissible. Is the officer qualified to perform the field sobriety tests? Some field sobriety tests, such as the HGN test, may only be performed and testified to by a certified alcohol recognition expert. Other tests, such as the reverse alphabet test have been deemed too unreliable by the courts. Bottom line, these tests are extremely subjective and a good attorney can attack their reliability.
Challenge the Breath/Blood/Urine Tests
Breath. The most disputed part of a DUI case is often the results of the breath test. The breathalyzer machines used by law enforcement to indicate intoxication are tightly regulated and subject to strict maintenance requirements to be admissible. Additionally, the testing must be done in a very specific manner. The failure to either properly maintain the machines or conduct the tests in accordance with required procedures can result in the results being thrown out as evidence.
Blood. There are typically two different ways that your attorney can challenge the blood test results. The first is to challenge whether or not the officer had the right to take a blood sample from you. Because taking blood from an individual involves a personal intrusion into their body, each state has very strict rules governing its appropriateness. In Florida, a blood sample can only be taken by force in instances where there is seriously bodily injury or death. Otherwise, the law enforcement officer must have your permission. The second way to challenge the blood test is to challenge the result itself. Blood is very fragile. In order for a test result to be accurate, there are several protocols that must be followed. If those protocols are ignored or neglected, the sample could be compromised.
Urine. Although a urine test is not as accurate as a blood result, the way a knowledgeable attorney challenges the results are very similar. The methods used to test the result can be challenged if the operator or technician did something incorrectly and therefore compromised the results. The results itself can also be challenged. Typically, all that is reported on a urine test is whether or not a substance was present. Depending on the substance found, it may be impossible to say with any accuracy when you ingested the substance and/or how much is in your system. Some drugs such as cocaine stay in the system for a very short period of time, like cocaine. Other drugs, such as marijuana, can stay in a person’s system for up to a month. A good DUI defense attorney will be able to use this knowledge to your advantage.
These are just some of the ways an attorney may be able to challenge your DUI arrest. An experienced and knowledgeable DUI defense attorney will investigate every possible scenario.
Contact DUI Defense Attorney Rebecca Cozart
Winning any type of challenge to your case can result in a complete dismissal. Even if it is not successful in suppressing evidence, your attorney can use the same approach to create reasonable doubt for a jury. But in order for it to be effective, you must have an attorney who is familiar with these defenses and has the ability to effectively present them.
Contact Rebecca Cozart to discuss your case today and obtain the DUI defense you deserve. During the consultation, we can look at the facts of your case to determine what defenses might exist. Whether your case involves a breath test, urine test or blood test, or a refusal to submit to chemical testing, Rebecca Cozart can help you fight the charges.