Driving under the influence, or more commonly referred to as DUI, is a serious charge that can have a profound effect on your personal life, as well as your professional life. It can result in you being unable to apply for certain jobs, to lose an educational scholarship, to have your auto insurance premiums skyrocket, etc. If that isn’t bad enough, many states have mandatory minimum jail sentences for DUI offenders. For example, in Florida, you can face at least six months in jail for a first-time DUI conviction. This is why if you were wrongly charged, you need to fight the charge. Below are some important DUI defenses that you should be aware of. Your Florida DUI defense attorney can also explain whether these defenses apply to your particular case.
Improper stop – An officer needs probable cause to pull over a driver. An officer cannot pull you over just because they felt like it. This means that if you were not exhibiting the signs of driving improperly, or there was not another reasonable basis for the officer to pull you over, you can fight the charges as stemming from an improper stop.
Accuracy of field sobriety test – An arrest made under questionable accuracy of field tests may be ruled improper if successfully proved. The HGN test, which associates random eye developments with inebriation, is frequently challenged.
Accuracy of portable breathalyzer test – The lawyer may also challenge the organization of the breathalyzer test utilized at the scene (i.e. was the officer duly trained?) or whether there were interceding elements, for example, indigestion or heart conditions. Proper calibration of equipments are also regularly questioned.
Accuracy of standard breathalyzer test – Similar to the previous defense, referring to the second round of testing at a police station after an arrest has been made.
Chain of custody of blood test – This defense questions the organization of a blood test and/or whether it was messed with or generally misused in the chain of police authority.
Rising blood alcohol concentration – Typically, alcohol absorption in the blood stream may take anywhere between 50 – 180 minutes in order to reach the peak level. If in between the time that a driver is stopped and the test taken, a rising blood alcohol level shall give a high BAC but cannot prove the driver was drunk while driving.
Contact an Experienced West Palm Beach DUI Defense Lawyer Today
If you are facing a DUI charge, you must take it very seriously and hire a top-notch West Palm Beach DUI defense attorney who will fight for you in court. If you or a loved one has been accused of a DUI, call The Skier Law Firm, P.A. to set up a confidential, no-cost consultation.