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Defenses to DUI in Florida

The best way to defend against a drunk driving charge is to challenge the arresting police officer’s testimony in the reason of why he felt compelled to pull over the driver who was then subsequently charged with a DUI. The driver can also get a separate blood-alcohol test from a medical officer to challenge the police officer’s BAC findings. The police officer will often pull a car over for suspicions of impairment due to very subjective characteristics of the way the motor vehicle was being driven. The police officer will often say that he or she pulled over the vehicle for reasons of; going very slow speeds or very uneven speeds (very fast and then very slow), weaving from one side of the road to the other, crossing the center line of the highway, the driver running a red light or the driver being hesitant in proceeding through a green light. Many of these reasons for pulling over a driver, particularly a car being driven very slowly or very fast, are very subjective and can be challenged because “driving fast” may be very different in many police officers’ eyes. An officer might also choose to arrest an individual that the officer has pulled over on suspicion of drunk driving for reasons of slurred speech, bloodshot eyes, inappropriate joking or incoherent speech, stumbling or pupil enlargement. Many of these factors of a DUI arrest are not only subjective, but can also be rationally attributed to factors other than too much alcohol in one’s blood stream. Reasons can include, but are not limited to; lack of sleep, allergies, contact lenses, stress from work or other personal circumstances, side-effects from medications, heavy meal recently that was recently eaten, nervousness over the fact that the police have pulled you over and or physical impairments. If the police officer asks you to perform a field sobriety test and you fail, you are not alone among even sober individuals. Many sober and alert individuals have trouble completing the tasks of the field-sobriety test, including reciting the alphabet backwards and/or standing on one leg for extended periods of time. The field-sobriety test can be challenged best in a jury trial. Jury members can be asked by the defense attorney if they can perform the tasks of the field-sobriety test. Because of the inherent difficulty of the test, many times this casts doubt on the police officer’s testimony as jurors may not be able to complete the tasks asked of them.


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