How Strong is Your Case?
Defending Against DUI Charges
If you have been arrested for DUI, you should take immediate action to get informed about how Florida law may affect your case. Part of protecting yourself from a DUI conviction is understanding the weaknesses in the case brought against you. At Parks & Braxton, PA, our DUI lawyer in Tampa helps our clients protect their rights and freedom from the consequences of DUI charges. Learn more about how to determine the strength of your case and the charges against you—when you are ready to retain dedicated legal counsel, contact our firm!
Why were you pulled over?
Speeding, weaving through traffic, or failing to maintain a single lane may give an officer a reason to perform a traffic stop on an individual, but these actions do not directly correlate with drunk driving. Officers may need more evidence than erratic traffic maneuvers to have legal cause for field sobriety tests. A DUI charge resulting from unwarranted sobriety tests may not hold up in a court of law, especially with an experienced attorney in your corner.
Did the officer inform you about your rights?
Citizens have the right to remain silent and to have an attorney present for questioning. If an officer fails to inform an individual about their rights during an arrest, then the evidence against you may be inadmissible. This is because many individuals may have been unaware of their rights, and it is the duty of the officer to uphold the law—including keeping individuals informed about their rights during a DUI arrest.
Our Tampa DUI defense attorneys have handled thousands of DUI cases. Trust a firm with 40+ years of collective experience in criminal defense.
Did the officer educate you on implied consent laws?
In Florida, the law of implied consent dictates that all individuals with a driver's license have the right to refuse sobriety tests. However, refusing a test comes at the cost of having your driver's license automatically suspended. The arresting officer is required to inform you of your right to refuse sobriety tests, as well as the license suspension that comes with it.
Were the sobriety tests performed correctly?
There are many factors that can influence the outcome of field sobriety tests and blood alcohol concentration (BAC) tests. For example, field sobriety tests may not be reliable if they were performed on uneven surfaces or in dimly-lit areas. BAC tests like the breathalyzer test may be skewed by an individual's body mass, diet, and stomach contents. The arresting officer must take these factors in account when administering sobriety tests and assessing the results.
Did the officer obey the observation period laws?
Many states have laws that require members of law enforcement to observe individuals for a specific period of time before administering BAC tests. This is to ensure that the individuals taking the test have not ingested or regurgitated anything prior to taking the test. Even a burp has a potential to skew a BAC test. In Florida, there is a 20-minute observation period that officers must recognize before administering a sample.
Trust Your Case with Dedicated Legal Professionals—Call 888-667-1273
Many of the defenses against DUI charges are legal technicalities that result from incorrect police procedure and processing of evidence. However, it is these technicalities that are in place to defend the rights of U.S. citizens against miscarriages of the law. Over the years, our Tampa DUI lawyers have handled complex issues of criminal law—no matter how difficult your situation may seem, the right legal defense team may help you obtain a positive resolution.
Schedule a free consultation with Parks & Braxton, PA today and find out how our firm's personalized approach to DUI defense may help you protect your future!