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Jeffrey S. Weiner, P.A. Jeffrey S. Weiner, P.A.
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10 Defenses to a DUI Charge

Drinking and driving

Driving under the influence (DUI) is a serious offense that can carry hefty fines, license suspensions, and even jail time. However, there is hope for those facing a DUI charge. With the help of an experienced attorney, multiple defenses can be utilized to fight the charges.

1. Challenging the Police Stop

To arrest someone for DUI, the police must have a valid reason for stopping the car. If the stop is challenged and found to be unlawful, any evidence gathered from the stop will be inadmissible.

2. Field Sobriety Tests (FSTs)

FSTs are commonly used to determine if someone is impaired. However, many factors, such as preexisting physical or mental conditions, can cause someone to “fail” these tests. An experienced attorney can challenge the validity of FST results.

3. Breathalyzer Accuracy

Breathalyzers are used to measure a driver's Blood Alcohol Concentration (BAC). However, the results may be unreliable if the machine was not properly calibrated or maintained or the officer was not certified to administer the test.

4. Blood Test Contamination

If blood was drawn for a DUI case, there is the potential for mistakes or contamination. An attorney can challenge the integrity of the testing and results, including the chain of custody and lab procedures.

5. Medical Conditions

Some medical conditions can create symptoms of impairment, such as slurred speech or unsteadiness. An attorney can argue that these symptoms were not caused by alcohol or drugs but by the underlying condition.

6. Rising Blood Alcohol Level

Blood alcohol levels can continue to rise even after a person has stopped drinking. If a driver's BAC was below the legal limit when driving but exceeded it later, an argument can be made that he or she was not impaired while driving.

7. Provocation

In some cases, another person's behavior can prompt a driver to drink, leading to impaired driving. An experienced attorney can use this defense to show that the driver's conduct resulted from provocation from another person.

8. Necessity

If a driver had to get behind the wheel to avoid a greater harm, such as driving themselves or a loved one to the hospital, this can be considered a defense to DUI.

9. Mistaken Identity

In some cases, a driver may be falsely identified as the person behind the wheel. An attorney can challenge the accuracy of eyewitness testimony or other identification evidence.

10. Lack of Probable Cause

Without probable cause, police officers cannot make an arrest. An experienced DUI attorney can challenge the validity of the situation, including whether there was probable cause to justify the traffic stop and whether there was reasonable suspicion for a DUI.

Miami DUI Attorneys

With so much at stake, consulting with an experienced DUI attorney who will fight for your case and help you navigate the legal system is crucial. Contact our team at Jeffrey S. Weiner, P.A. today to learn more.

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