If you are arrested for driving while intoxicated (DUI) in Florida, you face significant criminal and civil consequences, including fines, jail time and loss or restriction of your driver’s license. But DUI charges can be contested in a number of ways. There are also possible plea bargains available to reduce the potential penalties.

Here are some of the defenses that might be raised to fight Florida DUI charges:

• Unlawfulness of the traffic stop — If your initial stop by police was illegal, any resulting evidence can be suppressed under the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable searches and seizures. Except for DUI checkpoints, the police cannot randomly stop a vehicle and then seek to acquire evidence of drunk or impaired driving. You must have been stopped based on a traffic violation or for another observable reason. 

• Inaccuracy or improper testing — Breath tests and field sobriety tests can produce flawed results. Breath tests can have a margin of error of up to 10 percent and may be impacted by your body temperature and other factors, such as the length of time it takes for alcohol to reach the bloodstream. The testing device may have been incorrectly calibrated or the officer may have used it incorrectly. Field sobriety tests can also be inaccurate, such as when conducted on individuals who are elderly or overweight or who have disabilities or balance issues. 

• Violation of the right to counsel and to remain silent — A DUI can be challenged if the officers failed to abide by your legal constitutional rights, particularly the requirement that you be given Miranda warnings to make you aware of your right to consult with an attorney and to remain silent. Any statements or other evidence acquired might be inadmissible. 

If you have been arrested for DUI, you should talk with an experienced criminal defense attorney as soon as possible to help you determine whether these or other defenses may be available. There may be evidence that you need to preserve or and motions to suppress evidence may need to be filed in order to preserve your defenses and protect your rights. 

In certain circumstances, it may be possible to plead to the crime of reckless driving, which avoids many of the consequences of a DUI conviction. Reckless driving is defined by Florida statute as operating a vehicle “in willful or wanton disregard for the safety or persons or property.” When alcohol is involved, the crime is commonly known as a “wet reckless.” The penalties are generally lower than for DUI. There is no mandatory license revocation and fewer points are added to your driver’s license.

The Law Offices of Tad A. Yates, P.A. in Orlando has extensive experience defending DUI cases and seeking reductions in charges to obtain lesser penalties. Feel free to contact us online or call 407-608-7777 for an initial consultation.