Understanding DUI Dismissals and Defense Strategies
A DUI charge or arrest in Florida can be stressful, with potential consequences that affect your license, finances, and future. Many people wonder if their charges can be dismissed, and while not every case results in a conviction, the outcome depends on the specifics of the arrest. At Murphy & Downs Law Offices, we thoroughly examine every aspect of a DUI case, identifying legal or procedural flaws that may lead to a dismissal or reduction of charges.
Florida DUI Laws and Charges
Under Florida Statutes § 316.193, a DUI charge applies when a person:
- Is in actual physical control of a vehicle, and
- Has a blood alcohol concentration (BAC) of 0.08% or higher, or
- Is impaired by alcohol, drugs, or a combination of both.
DUI charges rely on BAC results and observed impairment. This means you can still face charges even if your BAC is below the legal limit if law enforcement believes your ability to drive was compromised.
How DUI Cases Can Be Dismissed
A successful defense focuses on errors, lack of evidence, or constitutional violations. Here are common reasons DUI charges may be dismissed:
1. Lack of Probable Cause for the Stop
Law enforcement must have a legitimate reason to pull you over. If an officer stops a driver without probable cause, evidence obtained afterward—including breathalyzer results—may be inadmissible.
2. Faulty Field Sobriety Tests
Field sobriety tests (FSTs) are subjective and influenced by factors such as uneven road conditions, medical issues, or even nervousness. If improperly conducted, we can challenge their reliability.
3. Breathalyzer and Blood Test Issues
Florida law requires strict calibration and maintenance of breathalyzers. Common issues that could invalidate results include:
- Improper calibration of the device
- Operator error by an uncertified officer
- False positives from acid reflux, mouthwash, or medical conditions
Illegal DUI Checkpoints
DUI checkpoints must follow strict legal guidelines. If an officer fails to follow proper protocols, any evidence obtained may be suppressed.
Insufficient Evidence of Impairment
If the prosecution cannot prove beyond a reasonable doubt that you were impaired, the case may be dismissed. Weaknesses in DUI cases include:
- Lack of BAC results (refusing the test complicates the case but doesn’t guarantee a conviction)
- No evidence of erratic driving
- No body camera or dashcam footage
Taking Action After a DUI Arrest
You have only 10 days to request a formal review hearing to challenge an automatic license suspension. Missing this deadline could result in an automatic loss of driving privileges. At Murphy & Downs Law Offices, we represent clients in these hearings, working to restore driving privileges and strengthen the overall defense.
Possible Outcomes in DUI Cases
While dismissal is the best result, other potential outcomes include:
- Case Dismissal: The charges are thrown out due to legal or procedural errors.
- Charge Reduction: Some DUIs are reduced to reckless driving (wet reckless) under Florida law.
- Pretrial Diversion: First-time offenders may qualify for a program that avoids a DUI conviction.
- Trial and Acquittal: If the prosecution cannot prove guilt beyond a reasonable doubt, the defendant is found not guilty.
Common Questions About Florida DUI Cases
Can a DUI be dismissed if I refused a breath test?
Yes, but refusal triggers an automatic license suspension. However, without BAC evidence, the prosecution may have a weaker case.
How does an illegal traffic stop impact my case?
If law enforcement had no valid reason to stop you, any evidence obtained afterward may be thrown out, potentially leading to a dismissal.
Can a DUI charge be reduced?
Yes. If a full dismissal isn’t possible, a charge reduction to reckless driving may be an option, which carries fewer penalties than a DUI.
Contact Murphy & Downs Law Offices Today
If you’ve been charged with DUI in Florida, you don’t have to face it alone. The legal team at Murphy & Downs Law Offices in Melbourne, FL, is here to fight for your rights and work toward the best possible outcome. Contact us today for a free consultation.