Common DUI Defenses in Florida

The Ultimate Florida DUI Defenses Guide

Have you been arrested or charged with Driving Under the Influence (DUI) of drugs or alcohol in Florida? We know how frightening your situation can be—and for good reason. From jail term to fines, probation, license suspension, and everything in between, a DUI conviction in Florida carries overwhelmingly steep consequences. So, it’s important to act fast to safeguard your rights and secure your future in these circumstances.

Fortunately, you can avoid a DUI conviction and its repercussions by employing an effective defense strategy. In this article, we’ll let you in on what criminal defenses mean. You’ll also learn common DUI defenses in Florida and how to use them as effective tools to retain your freedom.

What Are Criminal Defenses?

Understanding Criminal Defenses in Florida

Criminal defenses refer to several conditions that negate crucial elements of a crime or challenge the validity of a charge. In other words, they show that your case does not satisfy the essential requirements for a conviction.

When successfully applied, criminal defenses prove that you’re innocent of the alleged crime/charges and result in a discharge and acquittal. 

They can be contrasted with mitigating or extenuating circumstances that merely reduce a charge or sentence instead of exonerating you entirely.

Proven Defenses against DUI in Florida

Everything You Need to Know about Criminal Defenses in Your Florida DUI Case

Florida offers individuals facing DUI charges numerous legal lifelines to avoid the harsh penalties of a conviction. These safety nets take the form of criminal defenses, with the most frequently utilized including the following:

Lack of Reasonable Cause

The circumstances surrounding the initial traffic stop that led to your arrest for DUI are crucial in shaping your defense strategy. For example, per Florida law, probable cause is an essential requirement for DUI stops. This means that you can challenge your DUI charge on the ground that the officer didn’t have sufficient reason to pull you over. If successful, an experienced DUI defense attorney will be able to suppress any prosecutorial evidence from the illegal traffic stop.

No Actual, Physical Control

Only defendants with actual physical control of a vehicle while impaired can be convicted for DUI in Florida. As such, evidence that shows that you weren’t in a position to operate the car will help your case. A good example is if you were found outside your vehicle when law enforcement arrived. In such a case, the prosecution will have a hard time securing your conviction.

Miranda Rights Violations

Were you interrogated in police custody following your DUI arrest in Florida? Then the law stipulates that your Miranda Rights should have been recited to you before questioning. If that wasn’t the case, any incriminating statement you made to law enforcement is deemed illegally obtained and will be suppressed. Without more solid evidence to back their case, the prosecution will have a hard time proving your guilt.

Involuntary Intoxication

The involuntary intoxication defense implies that you were exposed to the controlled substance without your consent or knowledge. A good example is if you drove your vehicle after consuming cookies without knowing they were spiked with cannabis. In such circumstances, the mental state required for a DUI conviction is absent. As such, you’ll not be found guilty of DUI, per Florida law.

Failed Field Sobriety Tests (FSTs)

The accuracy of field sobriety tests, such as the walk-and-turn and one-leg-stand tests, has always been the subject of debate. Generally, the results of these tests are largely based on the police officer’s interpretation, which cannot be relied on to prove intoxication. Moreover, other factors, such as the defendant’s state of health and environmental conditions, can influence the outcomes of these tests. As such, a good defense attorney can easily poke holes in the reliability of FSTs and push for them to be excluded from evidence.

Contact Our Florida DUI Defense Attorneys Now!

Discuss Your Options and Fight for Your Future with Us

It’s not enough to know that there are numerous possible defenses to your DUI charge. Understanding the various options and determining the best applicable one for your unique situation is often where the work lies. Without a solid legal background, you’re likely to confuse and misapply the defense options available to you. That’s why having an experienced Florida DUI defense attorney is a necessity, not merely a consideration.

The DUI lawyers at Taracks and Associates law firm effectively serve as your biggest defense against your DUI charges. We know the law, understand the legal system, and will utilize our many years of experience to your advantage. Our reputation is based on aggressive legal representation and an excellent track record of success in defending DUI cases throughout Florida. You can’t go wrong when you work with us.

Contact us at 813-281-2897 to schedule a free case review and get started on your defense now.