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Clearwater Criminal Defense Lawyer > Blog > DUI Defense > Strategies to Challenge Florida DUI Charges

Strategies to Challenge Florida DUI Charges


Driving under the influence (DUI) charges are a serious matter. Consequences of DUI arrests can be potentially life-altering, so when people feel they are innocent it makes sense to challenge charges. To learn more about Florida’s DUI laws, including blood alcohol concentration (BAC) limits, the repercussions of DUI arrests, and strategies to challenge charges, ask a skilled Clearwater criminal defense lawyer for insights.

Strict DUI Laws and Challenging Charges

Florida has DUI laws that are inflexible, which is good for Florida residents and visitors because DUI laws promote road safety and protect people. Key aspects of these laws include that it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher and that you give consent for BAC testing if law enforcement suspects you of DUI when you obtain a Florida driver’s license.

Challenging a DUI arrest can be a complex process, but it’s possible with the right defense strategies and a skilled Florida criminal attorney. It can be done, in some situations, in the following ways.

  • Question the traffic stop itself. Law enforcement needs to have a valid reason to stop your vehicle, so if a stop was made without reasonable suspicion or probable cause, it could be the foundation of challenging the arrest.
  • Challenging BAC testing or sobriety tests. Errors in testing procedures or maintenance can lead to unreliable BAC readings, and then challenging the accuracy of breathalyzer or blood test results is possible. Also, when field sobriety tests are performed inaccurately, pointing to the possibility of an unreliable test result could lead to charges being dropped. .
  • Violation of rights. Citizens have rights. If law enforcement failed to inform you of your Miranda rights during an arrest, for example, it could weaken the prosecution’s case.
  • Police didn’t follow proper procedures. Any misconduct by the arresting officers, or if they did not maintain protocol, could be grounds for challenging the arrest.

When it is possible to question or challenge the charges, your attorney may be able to negotiate a plea bargain that leads to reduced charges and penalties. If negotiations fail and a trial is necessary, your attorney can provide a strong courtroom defense, challenging the prosecution’s case and presenting evidence in your favor.

License Suspension and Fine Consequences

What type of consequences you will face for a DUI conviction will depend on the circumstances surrounding the arrest. Discuss your case with Clearwater criminal defense lawyer. First-time DUI offenders may face a license suspension ranging from 180 days to one year while subsequent offenses can result in longer suspensions, and there will also likely be fines, court costs, and legal fees that can add up to a substantial financial burden.

Could the charges against you be challenged? If you have been arrested for drunk driving, remember that a DUI charge is not an automatic conviction. With a strong defense, you can potentially avoid harsh consequences. Talk to the legal team at King Law Group to learn more. Schedule your free consultation today.

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