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50 Ways
This list of 50 ways to BEAT Your Florida DUI is just a sample of the ways in which a Qualified DUI Firm could beat your Florida DUI charge. Effective questioning of the police at every stage of the litigation process is crucial. In order to do this, your attorney needs to know DUI law, PERIOD! YOU NEED A QUALIFIED DUI FIRM! Remember, the State has to prove each element of your DUI beyond every reasonable doubt. Unless properly challenged, the State will not dismiss or reduce your charge. |
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1. ILLEGAL STOP
You cannot be stopped unless the officer can provide a reasonable basis to believe that a traffic law or
other law has been violated. But be careful. If the officer is not questioned properly, a smart one knows how
to tap dance around these questions and may still be able to justify the stop—believe it or not! Our “in-house” Investigator, through
detail and effective questioning of the police, should help if this is the case!
The officer must observe a law violation. Otherwise, anyone can simply call the police on their neighbor
every time they felt like doing so, thereby resulting in an unlawful detention! A car cannot be stopped simply because an anonymous citizen called 911
and reported that the driver was drunk or driving recklessly. But, even if this is the case, intelligent officers may still attempt to justify the stop,
oftentimes by way of perjured testimony. Law Enforcement Dispatch Recordings can be an effective way to prevent it from happening. An aggressive and Qualified DUI Law Firm that FIGHTS DUI charges every day may help!
For example, in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn
test is only 68% accurate in determining if a person is under the influence. Plus, national studies have determined that persons with injuries, medical
conditions, 50 pounds or greater over weight, and 65 years or older cannot be expected to do the Field Sobriety Exercises (FSE’s) accurately.
Nonetheless, even DUI enforcement officers will attempt to use this evidence against you and never mention any of this to the State or the Jury (if your
case went to trial). You need a Qualified DUI Firm who is specially trained in the administration and evaluation
of FSE’s, and who knows the history and scientific studies of their validity to defend you. You need an attorney who has
received national training in the administration and evaluation of FSE’s!
Florida law requires that law enforcement observe you continuously for a minimum of twenty minutes prior to
a breath test. Otherwise, the results of the test are inadmissible and will be suppressed. A Qualified DUI Firm
knows what to look for in the records and how to question the police effectively to determine if this is a possible issue in your case which may get the
breath test suppressed – and demonstrate Reasonable Doubt of your DUI!
Sometimes the suspect’s driving pattern and performance during Field Sobriety Exercises (FSE’s)
is being recorded, often contradicting police testimony. Preparation is the key. You need a Qualified DUI Firm
that has dedicated the necessary personnel and resources to prepare your case, to know what to look for in a traffic pattern, and to know what to
look for during FSE’s. For example, if an officer puts information in his/her report, or makes statements under oath that is
contradicted by the DUI video, it could snowball and affect other aspects in his/her report and/or testimony regarding issues which were not video-
taped.
If your attorney hasn’t given you any pre-trial advice, recommendations or instructions, then
something is WRONG! If you follow your attorney’s advice regarding pre-trial requirements, then you stand a much better chance at beating your DUI
than if you don’t. You need a Qualified DUI Attorney that understands the system and what may work to help
obtain the results you want. According to the National Highway and Traffic Safety Administration (NHTSA), improperly administered Field Sobriety Exercises (FSE’s) are not valid evidence of intoxication. Likewise, the improper
evaluation of a subject’s performance on FSE’s reduces the exercise’s value in the case. You need a Qualified DUI Firm that regularly challenges the officer’s performance in administering and evaluating FSE’s on your side! DUI
Firms that are serious about DUI Defense and protecting the rights of its clients will be specially trained in the administration and evaluation of
FSE’s through National Training which uses National course curriculum and the Nation’s best DUI Experts to teach it, not simply a local
course in Jacksonville or Orlando. Your performance on the FSE’s are the single most important thing in which the State Attorney and the officer
will use to prove your impairment, so you need someone on your side that knows FSE’s even better. WE KNOW FSE's!
Oftentimes, witnesses such as independent witnesses to accidents, bartenders, hospital personnel and others
can provide crucial evidence of the Defendant’s sobriety, amount of alcohol consumption and time of consumption, or lack of signs of impairment,
thereby contradicting officer’s reports and testimony. A Qualified DUI Firm will ask you for detailed
information about the circumstances surrounding your arrest and the events leading up to your arrest. Our “in-house” Investigator and
thorough detail may prove to be the difference.
Any statement made by a police officer, whether verbally, in police reports, at the DMV hearing, or at
previous court proceedings, may be used to attack that officer’s credibility. Effective Questioning of the
Police is critical to your defense – to demonstrate contradictions by the officer himself, and contradictions between the various officers
involved in your case. Your attorney needs to understand the importance of detailed questioning regarding every possible issue in your case, whether it
pertains to your driving pattern, your initial contact with the officer and his observations and questioning, your performance on
FSE’s, or the breath testing procedures. Only an attorney who KNOWS DUI law should represent you. You need a Law Firm that has made DUI Defense
a priority in their organization to represent you!
Misleading statements by the police regarding the consequences of taking (or refusing) a blood, breath, or
urine test may result in a dismissal of your DUI and/or your license suspension to be reversed. It is imperative to have a Qualified DUI Attorney representing you who knows and understands Florida’s Implied Consent Laws, what may constitute duress or
coercion in the testing procedures, and knows how to question the police effectively.
There are several areas in which an officer may make a mistake in the area of blood draws. Since most
offices are simply unfamiliar with the blood testing procedure, or under what circumstances they can actually take blood, this is an area that a Qualified DUI Firm may be able to exploit. You need an attorney and a firm that understands the blood testing laws
and procedures to handle your case , if blood was taken. In most cases the police may not take a blood test against the driver’s consent unless
there was serious bodily injury involved – that’s it!
More and more we are seeing Police interfere with our freedom of movement along the roadways. Although some
law enforcement agencies may very well have the interests of the public at heart, we have a constitutional right not to be illegally detained. For a
Roadblock or Checkpoint to be legal and valid, the agency must follow strict set of uniform guidelines. You need an attorney who knows and understands
the constitutional issues surrounding the establishment and performance of a roadblock to help you in this situation, as well as a Qualified DUI Firm. A Serious DUI Firm should be familiar with Roadblock cases, otherwise you’ll need two (2)
attorneys on this type of case to get it handled correctly.
Medical problems with legs, arms, neck, back, ears and eyes, among other things, can affect the results of
field sobriety exercises. Further, other medical conditions can also affect the validity of breath test results, such as diabetes.
Many police stations videotape suspects at the police station, where their speech is clear and their
balance is perfect, in spite of police testimony to the contrary.
The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol
just prior to driving will cause the test results to be higher than what the true level was when you were operating the automobile. The State will often
identify an “extrapolation expert” (usually a toxicologist) to testify in cases where your breath or blood test results are below the legal
limit (like .05 or higher). They do this to attempt to prove that since your test was done one or 2 hours after the traffic stop, your B.A.C.
(breath/blood alcohol concentration) was higher at the time you were driving (and actually higher than the legal limit of .08). A Qualified DUI Attorney
can use the same theory to possibly demonstrate that your B.A.C. was under the legal limit at the time of driving (usually in cases .10 or lower, and
based on time of consumption and other factors that impact “absorption rate”). A Qualified DUI Firm
knows what to look for in these types of cases and how to question the police effectively to determine all of the possible issues in your case
– and to demonstrate Reasonable Doubt of your DUI. Oftentimes, You Can Beat the Breath Test.
An officer’s failure to issue you Miranda Warnings (“The Right to Remain Silent….Right
to an Attorney”) may prove important in defending you against your DUI charge. Oftentimes, officers fail to recognize this important constitutional
right and simply don’t give it! Questioning the police effectively will help determine if any of your
rights were violated. If the officer violated these rights, it may bring other aspects of his or her investigation and arrest into question, possibly
leading to the dismissal of your charges.
Neither the Federal Government, National Highway Traffic Safety Administration (NHTSA), nor medical science consider touching
your finger to your nose ( Finger-to-Nose test), saying the alphabet ( Rhomberg Alphabet), or counting backwards, as valid sobriety tests. Often times in
a DUI case, these tests are the ones the officer is relying on most, especially if the other standardized tests were not done, were done inaccurately or
have been suppressed from evidence. Exploiting the inaccuracies and unreliability of FSE's and Breath
Test's may be the straw that breaks the camels back – and gets your DUI Dismissed! Hiring
The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol
just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile, or consumption
following an accident and before police arrival, would result in an inaccurate level. A Qualified DUI Firm knows
what to look for in these types of cases and how to question the police effectively to determine all of the possible issues in your case – and to
demonstrate Reasonable Doubt of DUI. Effective Questioning of the Police is Important.
A Defendant’s admission to driving does not prove a charge of driving under the influence. The
officer usually needs to see the Defendant in or on the vehicle to prosecute for DUI! Effective Questioning of
the Police is Important.
“Mitigation” is generally the reasons why you should be treated differently than everyone else,
or why you should be given a break. (i.e. job, license, financial burden, education, future, your history, etc.) Unlike many crimes, even felonies,
DUI’s are very seldom reduced or dismissed simply because it was someone’s first criminal offense or because of how the charge may affect
someone’s livelihood. State Attorney’s are more often scrutinized in DUI cases than any other type of criminal cas.! With that said, a Qualified DUI Firm may still be able to help through aggressive and thoughtful mitigation and negotiations with the
State. You need a law firm and an attorney that are mitigation experts.
The burden is on the State to prove that your breath test was voluntarily given. Merely doing what the
police tell you to do without refusing does not amount to a voluntary test. If the officer told you he “needs you to take the breath test” or
“we’re going to take a breath test now” or anything else which is a request, then the test was not voluntary. Oftentimes, the breath
test operator will not read the “implied consent warning” about the consequences of your refusal to submit to the breath test – thereby
leaving the door open to attack the voluntary-nature of your consent. Effective questioning of the police is
important in making a case for an involuntary breath, blood or urine test! Oftentimes, You Can Beat the Breath Test.
A police officer’s previous disciplinary record can be used to attack the officer’s
credibility. For example, a history of aggressive or abusive behavior may tend to show that the officer “jumped to conclusions” in making a
DUI arrest. Or, it may be excellent justification when a subject refused to take a breath test (because the officer was belligerent, demanding, impatient
or in other cases, abusive). If these issues are brought to light, it may be enough to get your case resolved in your favor.
Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation
requirements.
Police cannot arrest you for DUI if the vehicle in which they found you in is not operable—regardless
of whether the keys were in the ignition or not. For example, if your car cannot be operated, you may have a valid defense to the charge of DUI. Effective Questioning of the Police is Important.
Virtually all experts concede that one breath test alone is unreliable. That’s why Florida Law
requires two (2) breath samples to be collected. Let’s face it, intoxilyzers and breathalyzers are not foolproof. You need a Qualified DUI Firm that understands the “ins-and-outs” of all of the breath testing procedures and
requirements. Oftentimes, You Can Beat the Breath Test.
A Florida Breath Test Operator must possess a valid, unexpired operator’s license, or the breath test
result is inadmissible. Oftentimes, You Can Beat the Breath Test.
If there is a history of malfunctions or repairs of the breath test instrument, the results of your test
may be brought into question, especially if the field exercises (or the officer had limited clues of impairment) do not clearly demonstrate impairment.
You need a Qualified DUI Firm who knows what to look for and how to get it. Oftentimes,
You Can Beat the Breath Test.
Police cannot randomly select the vehicles to be stopped for a roadblock or checkpoint. There must be an
established selection process such as every vehicle, or every other vehicle, or every fifth vehicle. Random selection has been found by the Appellate
Courts to be unconstitutional due to the significant likelihood of discrimination to motorists. If the selection of vehicles is not established and
followed, then the entire Roadblock will be deemed unconstitutional and your case may be dismissed completely. Again, you need an attorney who knows and
understands the constitutional issues surrounding the establishment and performance of a roadblock to help you in this situation, as well as a Qualified DUI Attorney. A Serious DUI Attorney should be familiar with Roadblock cases, otherwise you will need two
(2) attorneys on this type of case to get it handled correctly.
Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety
exercises. Our Firm will do whatever it takes to put you in the best possible position to beat your Florida DUI charge. We use experts in the area of
breath/blood and urine testing procedures and results, as well as extrapolation, experts in the administration and evaluation of Field
Sobriety Exercises (FSE’s), experts in police procedures, and expert medical doctors who may be able to testify regarding the effects of your
prescriptions or medical conditions which may invalidate or explain your performance on FSE’s or different aspects of your case.
Weather reports establishing high winds, low visibility, and other conditions are available to explain poor
driving or poor balance.
A police officer must have specific and particular facts to support any arrest for DUI, or your license
suspension will be reversed and your case dismissed. Effective questioning of the police is critical to avoid
loopholes.
Again, since most officers are simply unfamiliar with the blood testing procedure, or under what
circumstances they can actually take blood, this is an area that a Qualified DUI Firm may be able to exploit.
So, you need an attorney and a firm that understands the blood testing laws and procedures to handle your case. Florida Law provides that if a breath
test is impractical and you are at a hospital (or ambulance/treatment facility) for medical treatment, then blood may be taken (still subject to certain
criteria and procedures though). Consent to the blood draw is also an issue in most cases.
This is often an issue in DUI accident cases where the police do not arrest at the scene. Hire a Qualified DUI Firm. If police wait too long the State will be prevented from prosecuting you. You need an Attorney who knows DUI.
A person who has not driven the car on a public highway or thoroughfare should not be charged with drunk
driving, unless the property was open to the public. Effective questioning of the police is crucial if this
issue is present in your case.
The failure of the prosecutor to disclose the State’s expert(s) may cause those witnesses to be
barred from testifying against the Defendant. Likewise, untimely disclosure of witnesses may result in them being prohibited from testifying. Depending
on which witness it is, may prevent the state from effectively prosecuting you.
The two breath tests in which the breath test operator is required to take pursuant to Florida Law must not
be more than .02 in difference. If they are, then a third test is required to be given, otherwise the breath test results may be suppressed from evidence
and not used against you. Oftentimes, You Can Beat the Breath Test.
Many items contain forms of alcohol which may cause false results, such as asthma spray and cough drops.
These items can cause the breath results to be invalid. Oftentimes, You Can Beat the Breath Test.
Weaving without crossing any lines is not a violation of the law. But again, an intelligent officer knows
how to tap dance around these questions and may still be able to justify the stop. Our “in-house” Investigator, through detail and effective questioning of the police should help if this is the case.
Most stops of vehicles are recorded on dispatch tapes between the law enforcement agency dispatcher and the
officer who stopped you. This may be important in your case if there is an issue as to the driving pattern, basis for the stop or other observations of
the officer.
This is one of the most common reasons why people who are arrested for DUI are initially stopped. But, it
is not a justified reason to stop a motorist in Florida merely because their vehicles tires may have touched or crossed a lane divider on one or two
occasions. There must be more to the stop than that. In fact, one Florida court ruled that three times was not enough to justify a stop. Effective questioning of the police is important in this situation. You need a Qualified DUI Attorney who knows what is required by law in these circumstances and who knows how to question the cop – and
hopefully, get him stuck!
Many police stations videotape suspects in the Breath Test rooms. Often, these videos, if obtained, will
demonstrate exactly what went on regarding breath testing procedures and the voluntary nature of your consent, and may be used to contradict the
police.
A breath test instrument must be listed on the Federal List of Approved Breath Evidential Instruments and
the FDLE must have inspected it. You need a Qualified DUI Attorney who knows what to look for and how to get it.
Oftentimes, You Can Beat the Breath Test.
The Florida Administrative Code sets forth specific requirements pertaining to the restricted access to
breathalyzer instruments. Unauthorized access could result in tampering with the machine itself or the test results which are used to perform the
mandatory periodic maintenance, just for example. This is just another way to possibly get your breath test suppressed from evidence or put a cloud of
reasonable doubt over the accuracy of such testing methods and procedures.
Yes, it does happen! Police should not pull suspects over simply for leaving a bar or night club, or worse
yet because of racial profiling. If this is the case, your charges may be dismissed.
If the Breath Test Operator had you blow into the machine continuously for longer than was required, then
your breath test results may be inaccurate, leading to a suppression of the results. Oftentimes, You Can Beat the Breath
Test.
The manufactures of breath testing devices have specified protocols which must be followed for a breath
result to be valid. Failure to follow these requirements will result in improper readings. Oftentimes, You Can Beat the Breath
Test.
Florida law generally prohibits the use of portable breath testing results as evidence at trial in a DUI
case.
Involuntary Intoxication is a valid defense to the charge of DUI in Florida. If you believe someone put
something in your drink that caused you to become ill or impaired, or made you look or act impaired, you may be able to use this defense. A Qualified DUI Firm will know what to look for and how to possibly help you prove your defense. If you did not
knowingly ingest alcohol or other substances to the point and extent that would normally intoxicate you, but instead someone or something contributed
without your knowledge, then this Defense might be applicable.
Jurisdiction means that the Officer had the “right” to stop you in the county or city in which
he did. Oftentimes, law enforcement makes stops of vehicles outside of their jurisdiction, which is illegal. Sometimes, however, law enforcement agencies
have entered into what is known as “mutual aid agreements” which allows one agency to assist in the law enforcement in another agency’s
jurisdiction. It cannot be taken for granted, however, that this “mutual aid agreement” is in existence or even still in effect.
***Although any one of these may help you beat your DUI, it may take several. Each DUI case is different and the outcome of any given case depends on all the facts and circumstances which exist. If you are truly seeking to obtain the best possible outcome of your DUI charge, then make sure you hire a Qualified DUI Firm to handle your case!
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