How to Fight a DUI Charge in Florida (Legal Defenses That Work)

Facing a DUI in Florida? Here’s What You Need to Know

Being charged with Driving Under the Influence (DUI) in Florida is serious. A conviction can lead to fines, license suspension, and even jail time. However, a DUI charge is not an automatic conviction. There are multiple legal defenses that may help you get your charges reduced or dismissed.

As a Tampa DUI defense attorney, Jessica C. Fernandez, P.A. fights for her clients’ rights and works to secure the best possible outcome in DUI cases. Here’s how you can challenge a DUI charge in Florida.

1. Did the Police Have a Legal Reason to Stop You?

Under the Fourth Amendment, police officers must have reasonable suspicion to pull you over. If the traffic stop was unlawful, any evidence gathered may be inadmissible in court.

Were you swerving or speeding? Or was the stop based on a hunch?
Did the officer have a valid reason to suspect you were impaired?
Were you stopped at a DUI checkpoint? If so, were proper protocols followed?

If the stop was unlawful, your case could be dismissed.

Learn more about your legal rights during a DUI stop.

2. Challenging Field Sobriety Tests

Field Sobriety Tests (FSTs) are commonly used to determine impairment, but they are often unreliable and subjective. Several factors can affect your performance, including:

Poor lighting or uneven pavement
Medical conditions or injuries
Fatigue, anxiety, or nervousness
Improper test instructions from the officer

If the officer did not properly administer the test, your attorney can challenge its validity in court.

3. Breathalyzer & Blood Test Errors

Breathalyzers are not foolproof, and errors are common. A DUI attorney can challenge the results by questioning:

Was the breathalyzer properly calibrated?
Was the test administered by a certified officer?
Did you have residual mouth alcohol (from mouthwash, medications, or acid reflux)?
Were there chain-of-custody errors in a blood test?

If the test was faulty or improperly conducted, it may be thrown out, weakening the prosecution’s case.

Learn more about how breathalyzer tests work in Florida.

4. Lack of Evidence of Actual Impairment

Even if you were arrested for DUI, the prosecution must prove beyond a reasonable doubt that you were actually impaired.

Were you displaying obvious signs of intoxication (slurred speech, inability to walk, etc.)?
Were there video recordings of your behavior?
Were you arrested based only on an officer’s personal judgment?

If there is no solid evidence of impairment, your case may be significantly weakened.

5. Violations of Your Rights During the Arrest

Police must follow strict legal procedures when making a DUI arrest. Common errors include:

Failing to read your Miranda rights
Improper questioning or coercion
Illegal search and seizure of your vehicle

A violation of your constitutional rights can lead to case dismissal or key evidence being suppressed.

6. Alternative Sentencing Options

Even if a dismissal isn’t possible, a strong legal defense may result in reduced penalties or alternative sentencing, such as:

DUI diversion programs (where available)

Reduced charges (reckless driving instead of DUI)

Community service or probation instead of jail time

Installation of an ignition interlock device instead of license suspension

Find out how DUI cases are handled in Florida courts.

Frequently Asked Questions About Florida DUI Charges

Can I refuse a breathalyzer test?

Yes, but refusing can result in an automatic driver’s license suspension under Florida’s implied consent law.

Will I lose my license if I’m convicted of DUI?

Possibly. Florida law imposes mandatory license suspension for DUI convictions, but a lawyer may be able to help you get a hardship license.

How long does a DUI stay on my record?

A DUI conviction stays on your criminal record permanently in Florida. This is why fighting your charges aggressively is crucial.

Learn more about DUI penalties and possible defenses.

Contact a Tampa DUI Defense Lawyer Today

A DUI charge doesn’t have to ruin your future. Jessica C. Fernandez, P.A. has successfully defended numerous DUI cases and will fight to protect your rights.

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