The arrest for driving under the influence in Florida can have a very large impact on the life of a person. They have to face the criminal record but a DUI arrest jeopardizes the ability of the person to live and work in some areas. Well, fighting the DUI arrest can be very complicated so this is the reason a lot of people hire the lawyers so that they can fight for their rights in the court. Lawyers can help the people in reducing their charges and it can be dismissed entirely.
However, if you don’t have the financial resources for hiring the experienced DUI attorney for helping with the charges then you can also fight the DUI without it. If you’re looking for ways to defeat a DUI arrest without hiring an attorney, you must understand the implications of this circumstance, as well as your chances of winning without hiring a professional DUI lawyer to assist. There are several legal arguments that you can use to defend yourself against such a DUI conviction in Florida.
Make the best legal argument
With DUI charges, it is objective is to investigate the situations of your case. Often, offenders were also able to locate faults in their arrest. There are a number of factors that need to be considered when compiling your legal argument. One of the best possible ways to defeat a DUI charge is to identify any police error or error that may result in your charges getting reduced or dismissed.
Was the probable cause for the stop?
In Florida, an officer should have reasonable belief or suspicion that you are involved in criminal activity before they could even pull you over and undertake a DUI investigation. If an officer doesn’t even have a likely source to pull you over, therefore any evidence gathered against you will not be used in court. For this reason, most arrests due to lack of reasonable cause are typically limited or rejected in Florida.
You didn’t read your Miranda rights -It is amongst the most prevalent legal arguments for successfully combating DUI charges in Florida. Did the officer read your Miranda rights at the time of your imprisonment? Have they been accurately and clearly read to you? If not, you may well be able to have your DUI arrest thrown out on a technicality.
Is the breathalyzer Faulty?
DUI breathalyzers have a number of flaws. Many of the most common issues with these machines are as follows:
- Malfunctions of instruments;
- Failure to analyze the defendant before taking the test;
- Inappropriate use by the arresting officer; and/or
- Physiological circumstances.
In Florida, the arresting officer must recognize the offender for at least 15 minutes before the Breathalyzer test is issued. Someone who has acid reflux or even burping before the test can cause false positives to appear. If the officer fails to observe you for the time needed, there really is no way for them all to refute your claim in relation to these issues.
Mouth Alcohol causes High readings
Persons who have alcohol-soaked food in their teeth, who suffer from (GERD) gastroesophageal reflux disease but who still burp during the test period may result in a false reading. Breathalyzers are intended to take a deep breath in the lung tissues. Getting residual alcohol persisting in the mouth may provoke the machine to obtain “mouth alcohol” instead of reading alcohol from deep lung tissue, that may activate a false DUI reading.
Dietary conditions which may give False high Readings
Persons who obey Atkins-style diets that are low in carbohydrates and high in protein, as well as persons who’ve had diabetes or hypoglycemia, often generate false highs for Breathalyzers. These medical conditions are known for causing people to self-produce ethyl alcohol as the body is deprived of carbs. When the body does not have enough carbs, the body converts to store fat for the energy that Ketones produces. Ketones convert to ethyl alcohol when they have been eliminated by the breath and the urine.
The medical condition influences your results
There are many occasions where people have a false high blood alcohol content (BAC) effect on Breathalyzer tests as they have health issues. Conditions such as GERD, acid reflux, or heartburn may cause infected DUI breath test results to happen.
Field Sobriety Testing is not always precise. In Florida, the field sobriety tests conducted by arresting officers are often not accurate indications of impairment. There are many explanations why all these field sobriety tests will also give false readings for impairment. Some prevalent reasons for the poor performance in field sobriety tests include:
The offender was intimidated by the officer;
- The arresting officer did not offer an instance of the performance of the test;
- The area had poor lighting;
- At the time of testing, the weather is terrible;
- The surface area has been damaged or uneven;
- Poor shoes; and/or
- Uncoordinated drivers
Rising Blood alcohol level
If a person consumes liquor, it typically takes between 15 minutes and 3 hours to digest it into their system. When an individual is pulled over instantly after alcohol consumption, their level of alcohol continues to increase. The officer may start deciding to examine the driver for some time until the test is carried out and, as a result, the test may show a BAC of 0.08% or higher. Even though it might well be your BAC level at the time of testing, it’s not inherently the level you’ve sustained behind the wheel of your car. Luckily, this legal argument could be made in situations where a person has issued a blood test as well as a Breathalyzer, as both tests continue providing time for the BAC level to rise prior to testing.
Consult with an experienced Florida DUI Attorney
Deciding to fight a DUI charge without even a Florida lawyer is a very bold decision. At the very least, it could be super useful for you to advise an experienced lawyer before embarking on this legal battle alone. Contact a professional DUI lawyer from Musca Law at (888) 484-5057 to plan a free, non-binding consultation and case review to determine whether it may, in fact, be in your best interest for receiving legal counsel in the defense of your case.