Few experiences are as frightening as facing DUI charges. However, even if you were indeed driving under the influence, there may be several defenses that could lead to reduced penalties or charges, or to an outright dismissal.
DUI cases are identical, and if you are facing these charges, then your best source of guidance is a lawyer with substantial experience in the DUI arena; not just a criminal defense lawyer that also handles DUI. There are many terrific and well qualified criminal defense lawyers that may miss certain issues or defenses that they will not see in any case other than a DUI. If Florida police have arrested you for DUI, then a Fort Lauderdale DUI lawyer from Leader & Leader P.A. may be able to help.
Attorney Michael D. Leader can evaluate your situation and structure a comprehensive defense strategy. To schedule a free initial consultation, call our office today at 954-523-2020.
In the meantime, read on to learn why you should fight a DUI charge instead of pleading guilty:
You May Still Have a Defense If you blew into the Breathalyzer and it showed you were over the legal limit!
Many people have friends or family members who have faced DUI charges. As a result, they mistakenly assume that their cases will be the same. The truth, however, is that there are many factors that differentiate one case from another. No matter how similar a case may seem, the devil is in the details and these nuisances can mean the difference in your case.
For example, some drivers refuse to take a breathalyzer test, which they can do under Florida law. However, the refusal will result in a suspension of your driving privilege for a longer period of time than blowing over the limit unless you successfully challenge the administrative suspension within ten days of your arrest of notice of the DUI charge.
Even if you fail the breathalyzer test, though, this does not necessarily mean that you will be convicted. Your attorney may question the method that the officer used to deliver the test. In some cases, a breathalyzer is incorrectly calibrated, maintained or the administrative rules have not been substantially complied with resulting in an inadmissible or inaccurate result. Furthermore, we have won many cases in which our client’s breath reading was inconsistent with other evidence in the case demonstrating that the State had not met its burden of proof because there was a reasonable doubt.
You May Still Have a Defense If You Fail Roadside Sobriety Tests
Like a breathalyzer test, Florida drivers can decline roadside sobriety tests. The subjectivity of these evaluations can render them unreliable. A skilled and experienced DUI defense lawyer can use these factors to demonstrate the State has failed at proving beyond a reasonable doubt that the accused was under the influence to the extent that their normal faculties were impaired.
If you are facing DUI charges, then it is important to remember that it is the prosecuting authority’s responsibility to prove that you were impaired, amongst other things. This requires evidence, and a defendant’s performance on roadside sobriety tests may not be enough to secure a conviction.
Winning Outcomes Despite Damaging Blood, Breath or Urine Results
Many cases can be won irrespective of damning blood, breath or urine results. In many instances we can find defects in the police work that lead to your detention or arrest. Likewise, officers often violate your rights which may be used to have some or all of the evidence against you thrown out making it difficult or impossible for the State to successfully prosecute you.
There Are Many Possible Outcomes to a DUI Case
Even if the courts do not dismiss your charges, there are several ways that a DUI case may end. With the right defense, it may be possible to reduce the charges or the penalties. You may end up with lower fines or reduced jail time. Your DUI defense attorney can explain the potential outcomes and structure a defense that represents your interests.
While it can be difficult to predict how a case will play out in court, you have the right to fight your charges – and you should take advantage of this. If you would like to speak with a Fort Lauderdale DUI lawyer about defense strategies that apply to your case, contact Leader & Leader, P.A. today at 954-523-2020 to arrange a free consultation.