In Florida, DUI charges carry severe consequences, including expensive fines from $500 to $1,000, long periods of license suspension, and even up to six months in jail for a first offense. Defending against DUI charges requires strategically selected legal tactics that can challenge the prosecution’s case on various fronts.
Filing appropriate defense motions is a crucial aspect of defeating a DUI prosecution. The central aim is usually to suppress evidence, question the legality of the stop, and highlight procedural errors that may have occurred. By preventing unreliable or improperly obtained evidence from being used against the defendant in court, the state’s case is severely damaged. Without the ability to use certain evidence, prosecutors usually offer to negotiate a reduction to a lesser offense with a favorable outcome for the defendant.
A skilled Florida DUI defense lawyer plays a pivotal role in preventing a conviction. At Stechschulte Nell, Attorneys at Law in Tampa, our deep understanding of Florida DUI laws and legal procedures are used to optimize our client’s chances of avoiding a conviction.
The Value of a Skilled DUI Defense Lawyer
A seasoned Florida DUI defense attorney is invaluable when facing the potential penalties associated with a DUI charge under Florida law. Your lawyer must be well-versed in identifying weaknesses in the prosecution’s case and utilizing procedural tools to the client’s advantage. DUI defense expertise ensures that every possible defense angle is explored, from questioning the initial traffic stop to scrutinizing the accuracy and reliability of breathalyzer tests. By understanding the details of Florida’s DUI laws, a skilled defense lawyer can effectively challenge the evidence presented, often leading to reduced charges or even dismissal of the case.
Reasonable Suspicion for the Stop
One of the first points a defense lawyer might challenge is whether the police had reasonable suspicion to stop the vehicle. In Florida, law enforcement officers must have a valid reason to pull over a driver, such as observing erratic driving behavior, a traffic violation, or signs of intoxication. If the defense can demonstrate that the stop lacked reasonable suspicion, any evidence obtained during the stop, including breathalyzer results and field sobriety tests, should be inadmissible in court. This challenge is initiated through a motion to suppress. If granted, the motion can lead to the dismissal of the DUI charges.
Improper Administration of Standardized Field Sobriety Tests (SFSTs)
Standardized Field Sobriety Tests (SFSTs) are commonly used by officers to assess a driver’s impairment. However, these tests must be administered according to specific guidelines dictated by the National Highway Traffic Safety Administration (NHTSA). A defense attorney can file a motion to suppress the results of SFSTs if they can show that the officer did not follow these guidelines precisely. This might involve giving improper instructions to the driver, conducting the tests on unsteady, dark, or slippery surfaces, or not taking into account the driver’s physical disability or medical condition. Highlighting these errors casts doubt on the reliability of the SFST results.
If the court accepts the defense attorney’s contention that the field sobriety tests were administered in a sufficiently improper manner, it may bar the admission of the evidence due to its unreliability.
Poor Maintenance or Record Keeping of the Breathalyzer
The accuracy of breathalyzer results also hinges on the proper maintenance and calibration of the breathalyzer device. In Florida, law enforcement agencies are required to regularly maintain and calibrate breathalyzers to ensure their accuracy. A defense lawyer can request maintenance records and challenge the reliability of the breathalyzer if there are gaps or inconsistencies in these records. Filing a motion to suppress breathalyzer results based on poor maintenance or inadequate record-keeping can significantly weaken the prosecution’s case, as these results are usually central to the state’s DUI case.
Incorrect or No Warnings Given to Driver
Florida law mandates that drivers must be informed of the consequences of refusing a breathalyzer test. This warning must be clearly communicated by the arresting officer. If an officer fails to provide this warning or does so incorrectly, any refusal to submit to the test may not be admissible in court. A defense attorney can file a motion to suppress any evidence related to the breath test refusal if the proper warnings were not given, arguing that the driver’s legal rights were violated.
Uncertified Breath Tester or Breathalyzer Operator
Breathalyzer tests must be administered by certified operators to ensure the results are legally valid. If the individual administering the test lacks proper certification, the test results should be deemed inadmissible. At Stechschulte Nell, we scrutinize the certification status of the operator and, if we find they are uncertified, we file a motion to suppress the breathalyzer results. This motion is based on the fact that the test was not conducted in compliance with legal requirements and is therefore invalid under Florida law.
Motions to Suppress Based on Procedural Grounds
There are also many significant procedural grounds on which a DUI defense lawyer can file motions to suppress evidence:
Lack of Probable Cause for Arrest: Arguing that the officer lacked sufficient probable cause to make the DUI arrest can lead to the suppression of all evidence obtained after or as a result of the arrest.
Violation of Miranda Rights: If the arresting officer fails to read the Miranda rights to the defendant, any statements or admissions made by the defendant will be excluded from evidence. Importantly though, Miranda rights need only be given to the driver before any “custodial” interrogation. Admissions of the driver before they are “in custody” may still be admissible.
Improper Handling of Blood or Urine Samples: If blood or urine tests were conducted, the defense can challenge the chain of custody or handling procedures. Any deviation from standard protocols can be grounds for a motion to suppress these test results.
Unlawful Search and Seizure: Arguing that the stop, search, or seizure of evidence violated the Fourth Amendment rights of the defendant can also lead to suppression of the evidence.
Rely on Tampa’s Experienced DUI Defense Lawyers
Defending against a DUI charge in Florida involves a comprehensive approach, with defense motions playing a critical role in challenging the prosecution’s evidence. Each of these motions, whether targeting the legality of the stop, the administration of sobriety tests, the accuracy of breathalyzer results, or procedural errors, effectively protects the defendant’s rights and improves chances for the best possible outcome. A skilled Florida DUI defense lawyer is indispensable to ensure every possible defense strategy is considered.
If you are charged with DUI or any driving offense in Florida, get the experience and knowledge of skilled defense lawyers on your side. Call 813-280-1244 today.
