Driving under the influence of drugs or alcohol is an illegal, punishable offense. The state of Florida is well known for their convictions and stiff penalties for DUI offenders. But, no matter what state you are in, you have certain rights. These rights guarantee that before an officer can stop you, search you or your property, or seize anything, they must have a good reason. If the officer did not follow the letter of the law, an attorney can challenge the arrest and therefore the charges.
We will explain some of the common ways people are arrested for DUI. This is also some of the most common ways the charges are defended.
DUI Checkpoint – Will It Stand?
When a driver is stopped at a DUI checkpoint, there is rarely any legitimate reason for the stop. The officers did not see the driver driving erratically and did not see him break any laws. They set up a point where cars are chosen randomly to stop. If this random stop results in a DUI arrest, you need to contact a DUI attorney. When challenged by the Fourth Amendment of the Constitution, many times these charges cannot stand.
What If You Were Weaving In Traffic?
If the only reason the police stopped you was a simple traffic infringement, the judge may rule that is not sufficient for the stop or a search. Again, this is not in accordance with the Fourth Amendment and an attorney may be able to take care of this for you.
A Concerned Citizen Reported You
An anonymous tip is not usually enough to permit a stop. Contact a DUI attorney.
Other Issues That May Work In Your Favor
- Illegal search after a stop. The police must have good reason to search your car or your person without your permission. If their “reason” will not stand up, neither will the case.
- DUI arrest. The officer must have probable cause to make an arrest. They cannot simply rely on the driver’s appearance (a flushed face, glassy eyes, etc.), or roadway tests to make the arrest. There must be something more. Your attorney can determine if they had more.
Defenses Often Used In A DUI
Intervening Cause in DUI Case – this can be used if the DUI was not the cause of the accident
DUI Involuntary Intoxication Defense – This would be used if the drug was slipped to or given to the driver without their knowledge. The driver must voluntarily ingest the drug in order for the charges to stand.
DUI Duress Defense – Though this is rare, this would be used if the driver made the decision to drive intoxicated because it was the lesser of two evils.
DUI Entrapment Defense – An example of this would be a (female) undercover officer flirting with a man and buying him drinks in order to get him intoxicated. Then when the man drives away, they arrest him for DUI.
For more information, talk to one of the top DUI lawyers today.