Common Reasons DUIs are Dismissed in SarasotaPublished: Jan 12, 2023 by Erika Valcarcel
A Driving Under the Influence (DUI) charge can have lasting consequences. On top of fines and license suspensions, you could be responsible for reinstatement fees, need to install an ignition interlock device, or have difficulty finding a job. In the worst scenario, you receive jail time.
However, with the help of a Sarasota DUI Attorney getting your DUI case dismissed in Sarasota is possible in some situations.
What Is Florida’s Legal Drinking Limit?
According to Florida law, a DUI occurs when you operate a motor vehicle with a blood/breath alcohol level of .08 or more. Law enforcement might conduct a traffic stop and find probable cause to administer field sobriety tests, a breathalyzer test, or a blood draw later at the police station. You could have been driving erratically, or your car’s interior could smell like alcohol.
If you are found guilty and convicted of being under the influence of alcoholic beverages, chemical substances, or controlled substances, you could face fines of up to $5000 and/or go to jail for five years. The severity of the punishment is based on whether you are a first-time or repeat offender.
When Can DUI Charges Get Dismissed in Florida?
You can use different reasons to attempt to dismiss your Florida DUI case. Each situation is unique, but some of the most common reasons cases are dropped include the following:
You present reasons why the court should think that your arrest and charges are either falsely placed or entirely fabricated.
Violation of Your Constitutional Rights
The constitution has protections in place so your rights cannot be violated. This includes self-incrimination or bullying by law enforcement. If you prove law enforcement violated these rights, you have a strong case for dismissing charges.
You might be on medications that could result in false breathalyzer/blood readings or prevent you from participating in field sobriety tests.
Florida law specifically states what kind of vehicles you must operate to be charged with a DUI. But some vehicles are difficult to categorize, so the charges might not stick.
How Likely Is It for DUI Charges to Get Dismissed?
Again, each situation is different and will depend on your circumstances. If it is your first offense and you did not cause any accidents or damages, the court might be willing to entertain a lowered or dismissed charge.
However, the court will likely not be lenient if you are facing your second or subsequent DUI charge.
Tips for Beating DUI Charges
You can do a few things in the moment of your traffic stop to help your situation.
Deny the Breathalyzer Test/Blood Draw
If you think you will fail a breathalyzer and/or blood test, then do not consent to them. Even though it will result in an immediate arrest and a one-year driver’s license suspension, the repercussions may be worse if you fail the test(s).
Record Your Arrest
You can record your arrest on your phone. No matter how often the police tell you to shut it off, keep it running. This way, you will have proof of what happened during your arrest, including if police try to search it illegally.
Take a Plea Deal
Offer to plead guilty to some charges and ask the court to drop the others. Or, your charges stay, but the punishments are lessened.
Join a Pre-Trial Diversion Program
These can include drug and alcohol awareness classes. Programs like these are great at getting charges dismissed for first-time offenders, non-violent offenders, veterans, and others.
How Can a Sarasota DUI Attorney Help My Case?
A skilled DUI lawyer will know how to sift through the evidence of your case to find out if any of these strategies work for you. Plus, they will be able to act as a liaison between you and the court, which helps immensely considering how complicated some DUI laws can be.
Call Erika Valcarcel for Help with Your Sarasota DUI
If you are arrested for DUI, you could face steep penalties. That is why you need an experienced Sarasota DUI lawyer to help you with your defense.
Call an experienced DUI lawyer Erika Valcarcel, Criminal Defense Lawyer, P.A. right away at (941) 363-7900. She can analyze your situation and find the best way to defend you aggressively in court.