Common DUI Questions
We understand that after an arrest you will have many questions. Below are a few frequently asked questions about Florida DUI. Please take a look and let us know if we can answer other questions about your specific case.
Did The Officer Have Probable Cause To Pull You Over?
If the officer did not have probable cause to stop you, we may be able to get any evidence collected thrown out. This may lead to the case being dismissed.
Probable cause for a traffic stop in a DUI case may include:
- Driving erratically or aggressively
- Weaving into other lanes
- Failing to obey traffic signs and signals
These are just a few examples. Please talk to us about your traffic stop to find out if probable cause may be a factor in your case.
What If You Failed The Field Sobriety Tests?
If the officer tells you that you failed the field sobriety tests, you probably think that you will be found guilty of DUI, but this may not be true. Field sobriety tests are notoriously problematic because there are so many things that can make a person appear to fail them such as:
- The condition of the road where you took the tests
- The instructions the officer gave you
- Your overall physical condition and ability to balance
We rigorously examine field sobriety tests and look for factors like these. They can be an important part of your defense, and we know how to discredit the test results.
Was The Breath Test Administered Correctly?
Florida breath tests are done using the Intoxilyzer 8000. These machines must be properly calibrated and maintained to produce accurate results. They also must be operated by someone who is trained and permitted to give the test. Other reasons these test results may not be admissible include failure to comply with the 20-minute observation period prior to giving the test and whether the person was on medication that could have affected the results. We will make the state prove that they gave your test properly and that they followed all guidelines.
Does The Rising Blood Alcohol Defense Apply In Your Situation?
Breath tests are typically performed at the police station after the person has been arrested. This can take time and during this time your BAC may have risen from where it was when you were driving. So while you may blow over the legal limit of .08%, that does not necessarily mean that you were over the limit when you were driving. In these cases, we work out what your BAC was at the time you were driving. This defense strategy can create reasonable doubt about your BAC and the test results.