Understanding DUI Charges and Your Legal Options
A DUI charge in Florida is a serious matter, carrying potential consequences that can impact your driving privileges, finances, and even your freedom. However, DUI cases are not always straightforward, and there are circumstances where charges can be dismissed. Understanding your legal rights and working with an experienced DUI defense attorney is key to building a strong defense.
At Murphy & Downs Law Offices, we have successfully helped clients fight DUI charges by identifying procedural errors, challenging unreliable evidence, and ensuring law enforcement followed proper protocols. If you’ve been arrested for DUI, here’s what you need to know about your options for getting the case dismissed.
Common Reasons DUI Cases Get Dismissed
Lack of Probable Cause for the Traffic Stop
Law enforcement officers must have a valid reason to pull you over. If an officer initiates a traffic stop without reasonable suspicion—such as a clear traffic violation or erratic driving—the stop may be considered unlawful. Any evidence obtained after an illegal stop can be challenged in court, potentially leading to the dismissal of your case.
Improperly Administered Field Sobriety Tests
Field sobriety tests are commonly used to assess impairment, but they are subjective and not always reliable. Factors such as uneven pavement, poor weather conditions, or medical conditions can affect test performance. If the officer did not follow proper testing procedures or if external factors influenced the results, the test’s validity can be questioned.
Errors in Breathalyzer or Blood Tests
Breathalyzers and blood tests must be administered correctly and comply with strict regulations. Some common issues that can lead to a dismissal include:
- Improper calibration or maintenance of the breathalyzer device
- Testing performed by an unqualified or uncertified officer
- Mishandling of blood samples leading to contamination
- Violations of Florida’s testing procedures
If there is doubt about the accuracy or reliability of these tests, the results may be excluded from evidence, weakening the prosecution’s case.
Violations of Your Legal Rights
DUI arrests must follow specific legal procedures, including reading your Miranda rights and allowing you to contact an attorney. If law enforcement fails to follow due process, it could be grounds for dismissal. Unlawful search and seizure, improper questioning, or lack of informed consent for chemical tests are all areas where a skilled defense attorney can challenge the case.
Steps a DUI Attorney Takes to Seek a Dismissal
Reviewing Dashcam and Body Camera Footage
Many police vehicles and officers are equipped with dashcams and body cameras that record traffic stops. This footage can provide crucial evidence regarding how the stop, field sobriety tests, and arrest were conducted. If discrepancies are found, they may be used to challenge the prosecution’s case.
Examining Breathalyzer Calibration and Maintenance Records
Breathalyzers require routine calibration and maintenance to ensure accuracy. If the device used in your case was not properly maintained, the test results may not be valid. An attorney can request these records to determine if the equipment was functioning correctly at the time of your arrest.
Challenging the Officer’s Testimony
Officers must follow strict procedures when conducting DUI stops and administering tests. If an officer made errors, failed to follow protocols, or demonstrated bias in their report, their testimony can be challenged in court.
Identifying Weaknesses in the Prosecution’s Evidence
Every DUI case relies on evidence such as breathalyzer results, officer observations, and field sobriety tests. An experienced DUI attorney knows how to identify inconsistencies or weaknesses in the prosecution’s case that could lead to a reduction or dismissal of charges.
Why Hiring a Private DUI Attorney Matters
DUI cases are complex, and having an experienced private attorney significantly increases your chances of a favorable outcome. A private DUI attorney can:
- Provide a thorough case review and develop a strong defense strategy
- Negotiate for case dismissal or reduced charges based on weaknesses in the evidence
- Represent you in administrative license hearings to protect your driving privileges
- Challenge improper police procedures and testing errors to exclude unreliable evidence
Unlike public defenders, who often manage heavy caseloads, a private attorney has the time and resources to focus on your case, ensuring no detail is overlooked.
Can You Get Your DUI Case Dismissed?
Each DUI case is unique, and the chances of dismissal depend on the specific facts surrounding your arrest. The best way to determine your legal options is to consult an experienced DUI attorney who can evaluate your case and explore potential defenses.
At Murphy & Downs Law Offices, we have successfully defended clients in DUI cases by challenging weak evidence, identifying procedural errors, and ensuring that their rights were upheld. If you’ve been charged with DUI in Florida, don’t leave your future to chance.
Contact Murphy & Downs Law Offices for a Free Consultation
If you’re facing DUI charges, call us today to discuss your case. We will review the details, explain your legal options, and develop a strategy to fight for the best possible outcome.