Facing a Fort Lauderdale DUI charge can be an overwhelming experience. But it’s important to remember that an arrest doesn’t necessarily mean conviction. In Florida, DUI charges are serious, with potentially life-altering consequences that include hefty fines, license suspension, and even jail time. However, there are ways to fight these charges. Working with an experienced Fort Lauderdale criminal defense attorney can open up several defense strategies that may lead to reduced charges—or even a dismissal.
Here’s a look at some common and effective DUI defense strategies in Fort Lauderdale and how they might apply to your case.
1. Challenging Field Sobriety Tests
Field sobriety tests, which typically include the “walk-and-turn,” “one-leg stand,” and “horizontal gaze nystagmus” (eye movement test), are often administered by a deputy or police officer at the scene of a DUI stop. These tests are supposed to help law enforcement officers gauge whether someone is under the influence. But they are far from foolproof. In fact, many factors unrelated to alcohol consumption can influence performance on these tests, such as anxiety, fatigue, weather conditions, and physical limitations.
For example, in the case of State v. Bastos, 985 So. 2d 37 (Fla. 2008), the court acknowledged that field sobriety test results could be questioned if the testing environment was compromised or the instructions were unclear. If an attorney can demonstrate that the test was improperly administered, or that external factors made the results unreliable, these test results might be deemed inadmissible in court. An experienced Fort Lauderdale DUI lawyer can thoroughly investigate how the test was conducted and whether it was fair.
2. Questioning Breathalyzer Accuracy and Reliability
Breathalyzer tests are a cornerstone of DUI evidence, but these machines aren’t infallible. Factors such as calibration, operator error, and even the defendant’s physiological conditions (like acid reflux or certain medical conditions) can all impact the reliability of breath test results.
In Robertson v. State, 604 So. 2d 783 (Fla. 1992), the Florida Supreme Court recognized that breathalyzer devices require strict maintenance and calibration to provide accurate readings. Florida law mandates regular calibration of breathalyzer devices under stringent guidelines. An attorney skilled in DUI cases can investigate whether the device used in your case was properly maintained and calibrated. If the breathalyzer wasn’t correctly calibrated or maintained, the attorney can file a motion to exclude the results from evidence, which may significantly weaken the prosecution’s case.
3. Identifying Procedural Errors by Officers
For instance, in Taylor v. State, 648 So. 2d 701 (Fla. 1995), the Florida Supreme Court reaffirmed that Fourth Amendment protections against unreasonable searches and seizures are vital. If a Fort Lauderdale DUI lawyer can demonstrate that an officer lacked reasonable suspicion or probable cause, it could lead to evidence being thrown out, making a conviction far less likely. Missteps in the administration of Miranda warnings, improper questioning, and failure to adhere to lawful procedures during the traffic stop could all serve as grounds for dismissal.
4. Challenging Blood Test Results
Blood tests may be administered in DUI cases if officers suspect drugs are involved or if a breathalyzer test is unavailable. While blood tests are generally reliable, they are not immune to error. Mishandling, contamination, improper storage, and timing issues can all affect the accuracy of blood alcohol content (BAC) results.
In State v. Geiss, 70 So. 3d 642 (Fla. 5th DCA 2011), the court found that mishandled blood evidence could lead to contamination, which could, in turn, compromise the results. If there’s any indication that the blood sample was mishandled, an attorney can argue that the test results are unreliable. This defense could result in a suppression of the blood test evidence, potentially weakening the prosecution’s case substantially.
Why Hiring a Criminal Defense Lawyer Is Essential for Fort Lauderdale DUI Cases
If you’re facing a DUI charge in Fort Lauderdale, hiring an experienced criminal defense attorney is essential, even if a dismissal isn’t guaranteed. Here’s why:
- In-Depth Knowledge of Florida DUI Laws: Florida’s DUI laws are complex, and an attorney’s experience is crucial in identifying potential defenses, filing motions, and navigating the court system effectively.
- Access to Expert Witnesses: Defense attorneys often work with toxicology experts, accident reconstruction experts, and medical professionals who can help cast doubt on the prosecution’s evidence.
- Negotiating Skills: Even if a full dismissal is not feasible, a skilled DUI lawyer can negotiate for reduced charges or alternative sentencing options, such as probation, counseling, or community service, which may prevent a DUI conviction from appearing on your record.
The Importance of Legal Representation
Consider a case in which a driver was arrested for DUI after a breathalyzer test indicated a BAC above the legal limit. However, the attorney investigated the device’s calibration records and discovered it hadn’t been calibrated in months, violating state standards. As a result, the breath test results were excluded, and without strong evidence, the case was dismissed. Without a knowledgeable attorney, this technicality may never have been uncovered.
A DUI charge is serious, but with a skilled Fort Lauderdale criminal defense lawyer on your side, you can explore various defense strategies that may lead to reduced charges—or even dismissal. By challenging field sobriety tests, questioning the reliability of breath and blood tests, and examining procedural errors, an attorney can significantly impact the outcome of your case. If you’re facing a DUI charge, don’t leave your future to chance. Contact an experienced defense lawyer to ensure your rights are protected and that you have the strongest defense possible.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
F.S. 316.193, Driving Under the influence, penalties
More Blog Entries:
How a Broward DUI Conviction Can Impact Your Professional License, Oct. 9, 2024, Fort Lauderdale DUI Defense Lawyer Blog