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Orlando Criminal Attorney > Blog > Criminal Defense > Three Common Defenses Used in DUI Cases

Three Common Defenses Used in DUI Cases


Being charged with driving under the influence (DUI) is extremely scary. You may wonder what will happen if you are convicted, what penalties you will face, and how they will affect your future. While people charged with a DUI often think the situation is hopeless, it is crucial that you remember that is not the case. There are ways to defend against these charges and some of them are more common than others. Below are three of the most common DUI defenses our criminal defense lawyers use, and how they may apply to your case.

The Traffic Stop was Illegal

Law enforcement officials in Florida cannot stop you for any reason they want. When you are pulled over for a suspected DUI, the officer must have had reasonable suspicion that you were committing a crime, or that you were about to commit a crime. In the case of a possible DUI, a police officer must have had reason to believe you were drunk. Weaving in and out of lanes of traffic, and driving at excessive speeds or extremely slowly are just a few signs that could lead a police officer to think you are drunk.

When an officer does not have reasonable suspicion to pull you over, it can serve as a valuable defense to a DUI charge. If a police officer had reasonable suspicion, they will typically ask you how much you had to drink before getting behind the wheel soon after pulling you over. If they do not, you may be the victim of profiling or the officer may have been searching for a reason to arrest you.

The Chemical Test was Inaccurate

While you are not required to submit to field sobriety tests, you do have to submit to chemical tests such as a Breathalyzer or a blood or urine test according to the implied consent laws of the state. However, not all of these tests are accurate. Breathalyzers are notorious for being improperly calibrated, and police officers do not always administer them correctly. Although many people assume these tests are accurate, there are a surprising number of cases in which they are not. If a police officer based the entirety of their case on the test results, it can serve as a very valuable defense.

You Were Not Driving the Vehicle

It may seem unlikely that you could challenge the fact that you were driving the vehicle at the time, but this defense is used more commonly than you might think. Most often, this defense is used after an accident. You may have been a passenger in the vehicle and after the crash, gotten out of the  car to assess the scene. A police officer may then notice alcohol on your breath or other signs of intoxication and charge you with drunk driving even though you were not operating a motor vehicle at the time.

Call Our Florida Criminal Defense Lawyers for Help with Your Case

If you have been charged with a DUI, it is critical that you speak to our Orlando criminal defense lawyers at O’Mara Law Group as soon as possible. Our knowledgeable attorneys will review the facts of your case and advise on the best defense available to give you the best chance of a positive outcome. Call us today at (407) 634-6604 or fill out our online form to schedule a consultation and to learn more about your legal options.


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