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Common Defenses Against DUI Charges

January 15, 2024
By The Wiseman Law Firm

Facing DUI charges can be daunting; understanding your defense options is crucial. Whether it’s challenging the accuracy of breathalyzer tests, questioning the legality of the traffic stop, or citing a necessity due to an emergency, there are several avenues through which a skilled attorney can navigate to potentially mitigate the consequences of a DUI charge. This understanding is crucial, as every situation is unique and demands a nuanced approach to defense.

With over two decades of legal experience, The Wiseman Law Firm offers skilled representation in DUI cases. Our approach is grounded in a thorough understanding of the law, strategic negotiation, and meticulous case investigation. We prioritize keeping clients informed and are prepared to assertively represent them in court. Our experience, including Attorney Wiseman’s background as a former prosecutor, is vital in navigating the complexities of DUI charges​​.

What Are the Legal Limits for DUI in Florida?

In Florida, the legal limit for driving under the influence of alcohol is 0.08% BAC, or blood alcohol content. If a test shows someone hits 0.08% or higher and the individual is over 21, there may be legal ramifications. It is illegal to drive with this level of alcohol content in your blood.

Florida also has a policy for those drinking underage. If someone under 21 is tested, the legal limit is a much lower 0.02% BAC. If a test shows an individual under the legal drinking age has a blood alcohol content of 0.02% or higher, there are likely to be legal consequences.

For more information on legal limits for driving under the influence, whether due to alcohol or other substances, reach out so we can assist. The Wiseman Law Firm can help explain the law as it applies to your legal circumstances, providing guidance as you navigate the legal system. We can also help reduce the negative consequences you might face after a charge and conviction.

Common Defenses for Driving Under the Influence

There are several defenses for driving under the influence, all of which will vary in efficacy. Depending on your situation and needs, the following defenses may be helpful as you argue in defense of your rights. We encourage you to speak with The Wiseman Law Firm for more case specific assistance, strategies, and arguments.

Failure to Read Miranda Rights

Whenever a law enforcement officer stops to speak with you and poses an arrest or charge, they must read your Miranda Rights. Specifically, after you are arrested but before you are questioned or asked to give a formal statement. 

Law enforcement must disclose you have the right to remain silent and that anything you say can and will be used against you in a court of law. You should also be told you have the right to an attorney and that a lawyer will be provided if you cannot afford one. The officer should also ask if you understand the rights they have stated.

Once these rights have been clarified appropriately, you may choose to speak with the officer about what has happened. However, you also have the right to remain silent. If the law enforcement officer does not read all of your Miranda rights, anything you tell them may not be used against you because you were not adequately informed. 

Being in a Bad or “High Crime” Neighborhood

Some officers will stop individuals just because they are in an area associated with high levels of crime. However, being in an area that is considered a “bad neighborhood” does not necessarily mean you are doing anything illegal.

The Breathalyzer Test Is Inaccurate

BAC refers to blood alcohol content, meaning the most accurate way to gauge these levels is with a blood test. The more common breathalyzer test law enforcement uses can be inaccurate, depending on numerous factors. You can argue that the results misrepresented the proper levels of a substance in your body.

Get Valuable Support and Fight for Your Rights: The Wiseman Law Firm Can Help

In the face of DUI charges, remember you’re not alone. The Wiseman Law Firm, led by Attorney Simon Wiseman, stands ready to defend your rights. With a unique blend of understanding, precision, and robust legal tactics, we work tirelessly to navigate the complexities of your case. From exploring legal limits to crafting a solid defense, every step of the way, our team is committed to your cause. 

Should you need guidance or defense against DUI charges in Florida, contact The Wiseman Law Firm at (407) 420-4647 or through our contact form for excellent legal support tailored to your situation. Our approach, honed over years of practice, could make a significant difference in the outcome of your case.

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