Because Fort Lauderdale is known for its nightlife and history as a spring break destination, there is a lot of alcohol consumed in the city. Unfortunately, driving also occurs frequently after people have been drinking or using narcotics, as mass transportation options are severely lacking in south Florida. This creates a consistent problem where people often have no other choice but to drive, with disastrous consequences following.
Even legendary Miami Dolphins quarterback Dan Marino has had to deal with his son being arrested near Broward Boulevard and Southwest 1st Avenue in Fort Lauderdale. Marino ran through a stop sign and almost caused an accident with other cars driving through the intersection. The report indicated that Michael Marino’s blood alcohol concentration was several times the legal limit and he has unable to complete the field sobriety tests. Officers also noted that he was generally uncooperative during the course of the investigation.
An attorney who is an expert in DUI cases knows that Florida law actually allows for a number of clever defenses against a DUI charges like this one. There are several legitimate ways to fight back against the state.
Roadside Exercises and Breath Tests
Many of the things that can be done to defend against a driving under the influence charge essentially require attacking the credibility of the evidence. A DUI in Florida requires proof of driving a motor vehicle from one or more witnesses, and chemical evidence that shows a blood alcohol concentration of .08 or above while the person was driving. When a DUI investigation begins, a police officer asks the person to step out of the car and perform physical tests to determine their level of impairment. However, the divided attention exercises that are performed on the roadside are just a way for a police officer to make observations and collect evidence, and they can be attacked as a part of your defense. Certain health problems or physical limitations prevent some people from ever completing the tests properly. Police officers also have a tendency to have suspects try to perform these exercises on uneven surfaces near busy roadways, which makes them even more difficult.
In Florida, breath tests area the most common way to test for alcohol in the bloodstream, and this is done at a machine in the station after the person has already been arrested. These machines that take the breath test are also subject to error. They need to receive routine maintenance and calibration from a certified individual. The machines also have a common problem where moisture from someone’s mouth can produce an improper high reading. Some of the machines may be older and not working properly. DUI lawyers have a great deal of information about these devices and the amount of things that can go wrong during a routine breath test.
While not quite as common in Florida as in many other states, DUI checkpoints are occasionally used to detect impaired drivers. These cases require a different type of defense, but they can be favorable for a defendant if the department has not followed their checkpoint guidelines correctly. Relevant case law in Florida regarding DUI roadblocks says that all cars must be checked by police during the operation. This is so that the stops do not become random searches, which are illegal under the constitution. It may be possible for a lawyer to get a DUI case dismissed or reduced if there were improper procedures in place at the checkpoint. It is also common for police departments to not run checkpoints as carefully as required by law, which is another point of attack for a defense attorney.
Get Expert Help Now
For help after being charged with a DUI, please contact Gabriela C. Novo, P.A. The consequences of a conviction for driving under the influence can seriously affect someone’s ability to drive or find employment for years to come. Multiple offenses often result in jail time. This is why it is crucial to retain the best possible legal help from a knowledgeable attorney during the course of your case.