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How to challenge a DUI arrest in Florida

It is a serious offense to commit driving under the influence (DUI) of alcohol or drugs, and it comes with potentially severe penalties like fines, license revocation, probation or imprisonment. However, an arrest does not mean that you are automatically guilty. If you are dealing with a DUI arrest, how can you go through the process of challenging it?

Ways to defend against DUI

First, an alleged DUI offender can challenge the traffic stop because the Fourth Amendment protects citizens from unreasonable searches and seizures. If there was no reasonable cause for the traffic stop, any evidence that the officer obtained after the stop could be inadmissible in court. In addition, an offender may also question the following:

  • Arrest procedure: If the arresting officer did not follow the proper procedures during the arrest, this could be a basis for challenging the DUI charge. For example, the officer must read to the offender their Miranda rights upon arrest.
  • Field sobriety tests: These could be inaccurate and unreliable. Poor weather conditions, uneven roads or physical disabilities can affect the results. Another reason is if the officer did not administer the tests correctly.
  • Blood test results: An offender can also challenge the accuracy of blood tests. The improper collection, storage or analysis of a blood sample could compromise the results.

In addition, an offender may contest breathalyzer results because they can give false positives due to incorrect calibrations or improper procedures. According to Florida law, a breath test must be incidental to a lawful arrest. Moreover, the test must be administered following the request of an officer who had reasonable cause to suspect that the offender committed a DUI.

Fighting for your rights

Challenging a DUI arrest is complex and requires a thorough understanding of the law. By seeking legal guidance, you may explore your options and dispute the arrest. In addition, you may challenge the evidence against you and fight for your rights as you seek to protect your record.