Florida DUI Defense: Forcing Police to Prove Their Case Against You

*This is about setting standards and educating law enforcement, not just defending DUI cases. It’s crucial that police conduct arrests correctly to prevent innocent people from being wrongfully charged and convicted of DUI. Thus, the focus is on improving police training and adherence to legal procedures.
When facing DUI charges in Florida, a critical defense strategy involves meticulously examining and challenging the evidence brought by law enforcement. A robust defense not only questions the legality and conduct of the police stop but also scrutinizes the methods and accuracy of the tests used to allege intoxication.
Attacking the Stop
The initial focus of a DUI defense often centers on the legality of the initial traffic stop. Under the law, police must have reasonable suspicion that a crime or traffic violation has occurred to justify stopping a driver. Without this reasonable suspicion, the stop can be argued as unlawful. If the stop is deemed illegal, any evidence gathered subsequently, such as breathalyzer results or field sobriety tests, may be excluded from court proceedings, potentially leading to a dismissal of charges.
Challenging Reasonable Suspicion for DUI Initiation
After addressing the stop, the next step is to question whether the officer had sufficient reasonable suspicion to initiate a DUI investigation. This includes scrutinizing the officer’s observations and stated reasons for suspecting impairment, such as erratic driving, visible intoxication, or odor of alcohol. If these observations can be effectively contested, it undermines the justification for further DUI-specific testing.
Examining the Administration of Sobriety Tests
Another critical area of defense is the administration of field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) provides specific guidelines on how these tests should be conducted. Discrepancies between these guidelines and the officer’s execution of the tests can be used to challenge the reliability of the results. Common issues include improper instructions, uneven test surfaces, or the subject’s physical or medical conditions that could skew the results.
Errors in Breathalyzer Measurements
Breathalyzer tests are commonly used to measure blood alcohol content (BAC), but they are not infallible. Defenses often involve pointing out the potential for machine errors, calibration issues, or operator mistakes. Factors such as the machine’s maintenance history, the timing of the test relative to the last drink consumed, and physiological aspects like the driver’s metabolism can all affect the accuracy of the reading.
Attacking Blood Test Results and Scientific Methods
Finally, when blood tests are involved, questioning the collection, storage, and analysis methods is crucial. The defense can challenge the sterility of the equipment, the qualifications of the personnel handling the samples, and the integrity of the chain of custody. Additionally, the scientific methodology used to analyze the blood can be questioned, including potential contamination or degradation of the sample.
By thoroughly examining each aspect of the evidence-from the traffic stop to the scientific validity of test results-a skilled Florida DUI attorney can effectively force law enforcement to prove their case and potentially secure a favorable outcome for the defendant.

[@marise3967]

Wish other lawyers cared as much as you do! Thank you for your videos and for your transparent professionalism. Hope court went well!

[@sixoaksfarm1556]

DUI defense can be pretty tough. Most times youre just trying to give your client the softest landing possible.

[@thelawofficesofrogerp.fole7886]

Correct.

[@tomoconnell2858]

When I was a young officer, making DUI arrests was my thing. During a bench trial a DUI attorney tripped me up while testifying, and was able to get the DUI charge dismissed. The old saying you can beat the charge but you can’t beat the ride. Oh, plus attorney fees.

[@thelawofficesofrogerp.fole7886]

Thanks for the comment Tom. Being tripped up on stand can happen. I agree. I have seen many dui arrests that lacked the necessary elements to sustain a conviction. Ive seen sober people arrested. Ive also seen people with no busniness driving and law enforcement stoppoed them and likely saved lives. Talking about taking the ride: I had a client a few years ago in the middle of the day on her way to lunch. The officer was very aggressive. He arrested her for dui. She blew triple zeros and then urine test all negative. Nothing in her system. She had to hire us because along with it came a resisting with violence and a Battery on Leo. Officer should have been charged but he was not - before the movement. Many people accept the dui because they think beating the system is nearly impossible. The better the attorneys, the better law enforcement, in theory. Everyone agrees we don't want impaired drivers on the road. And yes, I have won some that I should not have won. Thats happens too.

[@johnpick8336]

D.U.I. Enforcement Industry is big big big business for everyone but the Defendant ! Thanks for posting.

[@thelawofficesofrogerp.fole7886]

That is an accurate statement.

[@AnthonyJBoyle]

KEEP UR HANDS ON THE WHEEL.

[@michaelschetz7009]

Please clearly define SFSS ... Thanks In Advance

[@steveg5576]

At the station, even though the blow tip is disposed of, id like to know why the tube from the tip to the machine is not contaminated? That is reused.

[@davidmajer3652]

I enjoy your content, and it sounded like you were describing beer goggles.

[@botabob]

Good luck