Best DUI Defenses

Do I have a chance to beat my DUI?

This is where the rubber meets the road so to speak. Beware: lawyers that are only interested in collecting a fee and getting you to plead guilty will oftentimes not recognize these issues or raise any challenge or objection to them.

What is the best DUI defense?

That depends on your particular case and your particular set of facts. The best DUI defense really comes down to which one is available to you when applied to your set of facts. There are many defenses available in a DUI case, here’s a list of some that may be available to you in your case:

The Stop

  • Why did the officer pull you over in the first place?
  • Did the officer have “reasonable suspicion” for making the traffic stop?
  • What reason did the officer give you for stopping you?
  • Were you stopped because you were “weaving within the lane?”
  • Were you stopped because you changed lanes without using a signal?
  • Did you pull over immediately after being told to do so?
  • Were you able to pull over without weaving, swerving or hitting anything?
  • Were you parked when the police approached you?
  • Were you stopped because of an anonymous tip?
  • Did the police come in contact with you because of a DUI checkpoint?

The Arrest

  • Did the officer have “probable cause” to arrest you?

Field Sobriety Tests

  • Did the officer tell you that these tests are voluntary?
  • Are you more than 50 pounds overweight?
  • Are you over 60 years old?
  • Did you the officer ask you if you had a physical condition that would prevent you from performing these tests?
  • Were you given “non-standardized” field sobriety tests (i.e. the finger to nose, ABCs or counting backwards)?”
  • Where were these tests administered?
  • Were the administered close to the highway or roadway?
  • Was the shoulder of the highway level?
  • Was there debris or rocks on the roadway where you performed these tests?
  • Was the area flat?
  • Was the area well-lit?
  • What was used as a line?
  • What shoes were you wearing?
  • Were you given the “follow the pen with your eyes” test?
  • Were you read Miranda warnings after you were placed under arrest?
  • Were you nervous during these tests?
  • Were you tired from lack of sleep or working too much?
  • Where you involved in an accident prior to conducting these tests?

Officer’s Observations

  • Bloodshot, watery or glassy eyes
  • Odor of alcohol
  • Slurred speech
  • Unsteady stance

Breath and Blood Tests

  • Had you been to the dentist in the previous 24-48 hours before you took the breath test?
  • Were you wearing removable dentures?
  • Did the officer force you to take the breath test?
  • Were you told to “keep blowing” or “blow harder” during the breath test?
  • Was your breath reading close to .08 (.09-.11)?
  • What was the variation between the two breath readings?
  • How many attempts were needed to get the readings?
  • How close to the time of the test did you consume your last alcoholic drink?
  • Were you observed for 20 minutes before taking the test?
  • Did the police department comply with Florida Department of Law Enforcement (FDLE) standards for maintaining the breath test and machine?
  • Were the breath test operator’s certifications up-to-date?

Confusion Doctrine

  • When did the officer read you the Miranda warnings and the implied consent warnings?

Implied Consent Warnings

  • Did the police officer tell you what would happen if you refused to take a breath test?

Accidents and Actual Physical Control

  • Where were you when the police arrived?
  • Did the police arrive while you were already outside of your car?
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