It’s easy to think that you don’t have any options after you’ve been arrested for drunk driving, especially if you provided a breath sample or performed a field sobriety test. In reality, however, driving under the influence (DUI) cases are rarely “open and shut,” and there are often legal defenses a Miami DUI attorney can raise that could result in the dismissal of your case or an acquittal at trial.
DUI defenses are often complicated and based on legal issues related to the conduct of officers during your arrest, so it’s difficult for non-lawyers to know when they apply. For this reason, it’s absolutely imperative for anyone arrested for DUI to speak with a Miami DUI defense attorney as soon as possible.
Here are some of the defenses that may be applicable to your DUI case:
Unlawful Traffic Stop – The police can’t just go around pulling people over for any reason they want – they need to have reasonable suspicion that a crime is happening or has recently been committed. If they don’t, any evidence they gathered during the traffic stop can be suppressed, meaning it can’t be used against you in court.
Breathalyzer Errors – In order to be accurate, breathalyzer devices must be properly calibrated. If there is evidence that it was not, it’s may be possible to have the results of the test thrown out. In addition, the results could also be excluded if there’s evidence that indicates that the officer that administered the test did not have adequate training to do so.
Offering Alternative Explanations for Signs of Intoxication – Officers are trained to look for certain common signs of alcohol intoxication when they make contact with a driver. These signs include glassy eyes, slurred speech, the odor of alcohol, disorientation, and issues with balance. These “signs” can also be caused by certain medical conditions, including brain injuries, diabetes, allergies, or even simple drowsiness. Offering alternative explanations of signs of intoxication backed by medical evidence could create doubt about the state’s assertion that you were driving drunk.
An Attorney Can Help Even When There are no Defenses to Raise
It’s critical to understand that a DUI attorney in Miami may be able to help you avoid a conviction, even in cases where there are no defenses available. Miami has a pre-trial diversion program that is available to many 1st time DUI offenders which, if completed successfully, can result in your charge being reduced to reckless driving. It’s entirely up to the discretion of the Miami-Dade State Attorney’s Office as to whether you can participate in the program, however, so it’s highly advisable for anyone interested in pre-trial diversion to retain an experienced DUI attorney.
Call Stroleny Law, P.A. Today for a Free Consultation with a Miami DUI Defense Lawyer
If you have been arrested for driving under the influence in the Miami area, it’s important to that you speak with a DUI lawyer about your options. If you don’t, you could end up with a completely avoidable DUI conviction on your record for the rest of your life. For a free case evaluation call us today at 305-615-1285 or send us an email through our online contact form.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.
View more contact information here: Miami DUI Attorney.
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