Based on my 10 years of DUI practice, I have compiled a list of 25 Ways to Beat a Florida DUI. Please review the list and if you have any of the same facts in your case contact our office for a free consultation. We can determine if we can use these issues to exploit the States case -- giving you a better chance of avoiding a DUI conviction. Here is the list:

The DUI Stop Issues

1.WEAVING INSIDE YOUR LANE OF TRAVEL - weaving without actually crossing any lanes of travel is not a valid reason to stop a vehicle.
2.ILLLEGAL STOP OF DRIVER - a driver in Florida can not be stopped unless the officer has a reasonable articulate suspicion that a traffic law or other law has been violated.
3.FAILURE TO MIRANDIZE IN FLORIDA – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda warnings
4.ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or portable cause. Any evidence illegally obtained is not admissible in court.

The Field Sobriety Tests & Breath Tests Issues

5.DUI FIELD SOBRIETY TESTING IS INACCURATE- the one leg stand test is only 65% accurate, and the walk and turn test is only 68% accurate in determining impairment.
6.DUI BREATH TESTING IS INACCURRATE - virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 12.5%, non-specificity for ethanol, etc.
7.DUI BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
8.DUI IN CAR VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
9.POLICE BLOOD TEST INACCURATE IN DUI CASES – Many times, police blood testing fails to follow prescribed rules of testing, analysis or preservation recommendations.
10.DUI BREATHALYZER MACHINE MALFUNTIONS – If there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
11.DUI BREATH TEST OPERATOR LICENSE EXPIRED – A Breath Test Operator must possess an unexpired operator’s license, or the breath test is inadmissible.
12.DUI FIELD SOBRIETY TESTING IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
13.DUI PORTABLE BREATH TEST INADMISSIBLE – Florida prohibits the use of portable breath testing results as evidence at trial in a DUI case.
14.FAILURE TO CONDUCT DUI TEST OBSERVATION PERIOD – Florida requires that a driver be observed continuously for a minimum period of twenty (20) minutes prior to a breath test for the results to be considered admissible and valid.
15.MEDICAL AND HEALTH PROBLEMS AFFECT DUI TEST RESULTS – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
16.INTERFERING SUBSTANCES IN DUI CASE – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
17.FORCED DUI BLOOD DRAWS – In Florida, police may not take a blood test against a driver’s consent where there has not been an injury involved, or the result is inadmissible.

Trial Court Issues

18.OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.
19.POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the breath or blood level of alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
20.PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at pervious court proceedings may be used to attack that officer’s credibility.
21.PRIVATE PROPERTY IN FLORIDA – A person who has not driven the car or on a public highway cannot be suspended for drunk driving.
22.STATUTES OF LIMITATIONS FOR DUI – A misdemeanor charge of DUI must be filed within a certain period of time of the date of offense or the charges will be dismissed outright
23.FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
24.FAILURE TO PROVIDE DISCOVERY TO DEFENSE – If the State Attorney’s Office fails to provide discovery to the Defendant that information may be deemed inadmissible in court making it difficult for the Sate to prove a charge of DUI.
25.FAILURE TO PROVIDE SPEEDY TRIAL IN FLORIDA – If a client is not provided with a trial within a certain period of time through delays of the court or State Attorney the charges must be dismissed.