In Florida, driving under the influence is a serious offense that often leads to severe penalties and potential accidents. Drivers with more than three DUI convictions face felony charges if they are convicted of a fourth offense. A local attorney helps criminal defendants who are facing DUI charges.
Mistake of Fact
A mistake of fact defense is used when the arresting officer charged with the defendant without the proper facts. A defendant isn’t guilty of a DUI if they are sitting in a parked car. The officer cannot make a lawful arrest until the automobile is in motion, and the defendant was driving. Even if the engine was running, the state cannot charge the defendant if they aren’t driving.
Faulty Breathalyzer Device
All law enforcement agencies are required to inspect, test, and repair all breathalyzer devices. The agency must keep a log of all services performed on the device. The defense has a right to see the log for the exact device used by the officer. If the device wasn’t serviced properly, the defendant could avoid a conviction due to a faulty device and inaccurate reading.
No Probable Cause
Officers must make a lawful stop when arresting the defendant. The officers cannot stop the defendant just because the officer saw them leaving a nightclub. The driver must commit a moving violation or pass through an existing checkpoint. Even at the checkpoint, the officer must smell alcohol or the driver must appear intoxicated before an arrest is made. A case involving no probable cause lead to a dismissal.
Conflicting Blood Test Results
The defendant has the right to request a second blood sample when the agency conducts chemical testing. The second sample is released to the defendant’s attorney who has the sample tested by an independent lab. If the results don’t match, the case is dismissed.
In Florida, driving under the influence is a serious offense and creates dangerous circumstances for everyone on the road. Drivers who are convicted of the offense face high penalties, jail time, and driver’s license suspensions. Defendants who are facing a DUI charge contact Destin attorneys to build a proper defense right now.