Have you ever wondered why some DUI cases reduced, dismissed, or dropped altogether? A DUI charge is a highly technical crime that involves complex steps to establish an individual’s guilt. There are various reasons why many cases fall through, which is typically the result of a knowledgeable DUI defense attorney in Tampa examining the case and challenging four aspects to help individuals avoid a conviction.
The Vehicle Stop
Determining an officer’s reasons for stopping your vehicle is an area that a defense lawyer will examine. Under Florida law, an officer can stop a vehicle if they have a well-founded suspicion of criminal activity or if the officer believes the driver has committed a traffic infraction (i.e., turn signal violation, speeding). If traffic stop is illegal, evidence obtained thereafter is suppressed and inadmissible in court.
The DUI Investigation
After an officer stops your vehicle, in order to detain you for investigation, the officer must have a well-founded suspicion of criminal activity. An officer may be suspicious initially if they believe a driver is driving erratically, smells like alcohol, or has bloodshot and watery eyes. The officer may decide to perform tests to determine if the driver is under the influence of drugs or alcohol. If an officer was mistaken by what they believed they observed the investigation can be suppressed or inadmissible.
The Test Results
As part of their investigation, police officers will give the driver a breathalyzer test and will perform field sobriety tests. The results of the breathalyzer test can be skewed due to a faulty machine or operator error which can lead to questionable results. With sobriety tests, a number of factors can produce inaccurate results including an individual’s nervousness, physical disabilities, a natural lack of coordination, and the environment in which the test takes place.
Your Miranda Rights
Before an arrest, officers are required to advise the individual of their rights which include the right to remain silent, the right to an attorney, the right to court-appointed counsel, and that any statements made can be used in a court of law. Failure to inform an individual of these rights will lead to an exclusion of evidence gathered in a court of law.
A DUI arrest doesn’t have to result in a DUI conviction. It’s highly advisable that you contact a DUI defense lawyer in Tampa if you’ve been charged with a DUI. An attorney can spot law enforcement mistakes and test inaccuracies to challenge a DUI charge to help you avoid conviction.
For a free consultation with an experienced DUI defense attorney in Tampa, please contact The Rickman Law Firm at (813) 712-8736 or submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.