Miami DUI Defense Attorney Dennis Gonzalez Jr.
A substantial number of DUI arrests in Florida occur under dubious circumstances, despite the strict procedures and requirements that law enforcement officers must adhere to. It is essential to remember that an arrest does not automatically equate to a conviction. Hiring Miami Criminal Defense Attorney Dennis Gonzalez Jr can greatly improve your chances of beating or reducing your DUI charge due to his extensive experience and knowledge of DUI defense strategies.
When you enlist the help of Dennis Gonzalez Jr, he will diligently investigate the circumstances of your arrest and the facts of your case to ensure the best possible outcome. To demonstrate the importance of hiring a skilled attorney, we have compiled 30 proven ways to beat or reduce DUI charges in Florida. Each case is unique, and a knowledgeable defense attorney like Dennis Gonzalez Jr can make all the difference.
- First-time offense - Penalties for a first-time DUI offense are lower than subsequent DUI arrests and convictions. In many situations, judges may be more lenient on a first-time DUI charge and prosecutors may agree to a reduced charge.
- Processing errors - The procedures around a DUI arrest are strict and there are many ways that law enforcement can make mistakes and errors. These errors can potentially distort the facts surrounding the case and make it impossible to convict beyond a shadow of a doubt.
- Lack of property damage - DUI related to a vehicle collision or property damage can have a major impact on the severity of penalties and even conviction. Combined with other circumstances of the case, attorneys may be able to get charges reduced or dismissed when there is no property damage.
- Lack of injury - The harshest DUI penalties involve vehicular manslaughter or bodily injury to other motorists and passengers. Like lack of property damage, cases without injury will often result in reduced penalties, if not charge reduction or dismissal.
- "Wet reckless" charge - If the prosecution does not have a strong case around the DUI charge, they may attempt to plea bargain the DUI to reckless driving involving alcohol or illicit substances, also known as a “wet reckless” charge. This often comes with reduced penalties and fines compared to DUI.
- Illegal traffic stop - For a traffic stop that leads to a DUI arrest, the law enforcement agent must be able to definitively prove that the driver was committing a moving violation. Your DUI attorney should know how to thoroughly question the police and determine if the traffic stop was truly legal.
- Failure to prove driving - In Florida, laws make it easier for the police to make an arrest of a suspected drunk driver who is not in the vehicle or driving the vehicle when they arrive on the scene. It still needs to be proven that the person arrested for DUI was the driver, which can be more difficult in certain situations.
- Involuntary BAC test - Although there are penalties for refusing a blood alcohol content (BAC) test if convicted of a DUI, police are still required to ensure the test is conducted on a voluntary basis. Any insinuation that the officer told the defendant that they “had to take the breathalyzer test” or that it was not voluntary could be grounds for dismissal.
- Inaccurate BAC test - From recording the test improperly to a poorly calibrated machine, any inconsistencies with a breathalyzer or other form of BAC test can weaken the prosecution’s case.
- Non-functioning breathalyzer - DUI attorneys should always fully investigate the functional status of the equipment used to obtain the BAC result. Any indication that the machine was not working properly could be grounds for beating a DUI charge.
- Lack of or no probable cause - The burden of proof is on the police to show probable cause for arrest, especially on suspicion of DUI. From the traffic stop itself to indicators of being intoxicated, there are many opportunities for gaps in evidence.
- DUI on private property - In many cases, it is not a DUI offense if the driving took place on private property. The stop must be made on a public road.
- Racial profiling - Any evidence or suspicion that the police officer made a stop based on racial profiling could invalidate the DUI charge or seriously weaken the case.
- Other profiling - From profiling based on age or gender to targeting a specific activity or location, any type of profiling can be grounds for DUI dismissal.
- Jurisdictional issues - Police can only arrest in their legal jurisdiction. In a case where there is a cooperative arrangement between agencies that led to an arrest, attorneys should always verify if that arrangement is still current and valid.
- Nonstandard field sobriety testing - Field sobriety testing (FST) is generally conducted to establish probable cause for a DUI arrest and officers will typically have strict guidelines on which tests can establish probable cause for DUI. Performing nonstandard tests can potentially lead to invalidation of the arrest.
- Inaccurate or involuntary field sobriety testing - Law enforcement must also perform and record FSTs properly and accurately on a voluntary participant. Performing these tests in an intimidating, confusing, or misleading manner is a tactic used by some officers to expedite an arrest.
- Field sobriety test on fatigued or incapacitated driver - There are reasons to fail an FST beyond DUI. If the driver was fatigued, injured, or incapacitated in any way not involving drugs or alcohol it can put the circumstances of the FST into question.
- Failure to uphold BAC observation period - Police must be in continuous observance of the suspect prior to performing a BAC, if it can be proven the police were not supervising the suspect, then the BAC test may be invalid.
- Video contradicts police testimony - DUI attorneys should look for any inconsistency between video evidence and police testimony to determine if the arrest and charges are truly legal.
- Contradictory witness testimony - Similarly, any reliable witness or witnesses that contradict police testimony can put the facts of the DUI arrest under question.
- Illegal or nonstandard DUI checkpoint or roadblock - Although legal in Florida, DUI checkpoints must be set up in a specific way to protect the rights of motorists and not be a dragnet. Your attorney should always investigate the specifics of the DUI checkpoint or roadblock to ensure it was created fairly and properly.
- BAC over limit due to post - arrest alcohol absorption - Police must prove that BAC was over the legal limit in Florida of .08 at the time of the stop for a DUI to be valid. In some cases, BAC can be elevated between arrest and testing due to metabolism or even alcohol consumption at the scene of an accident or stop.
- Anonymous reporting of DUI - The police must personally observe probable cause to make a traffic stop that leads to a DUI arrest. An anonymous tip made about drunk driving is not sufficient grounds for a stop.
- Inaccurate reporting of failure to maintain a single lane - Swerving within a lane is one example of questionable but not illegal driving. Law enforcement must have documented evidence of the inability to maintain a single lane.
As emphasized earlier, being arrested for a DUI does not guarantee a conviction. Miami Criminal Defense Attorney Dennis Gonzalez Jr will fight to preserve your rights under the law by interviewing police and witnesses, scrutinizing the arrest circumstances, and examining FSTs, BAC tests, and all reporting. - Invalid or expired officer's certification for BAC testing - If an officer's certification for BAC testing is invalid or expired at the time of administering the test, it can cast doubt on the accuracy and reliability of the BAC results.
- Medical conditions affecting BAC or FST results - A defendant with diabetes could argue that their elevated BAC results were due to the medical condition, which can cause a false positive on a breathalyzer test, rather than actual intoxication.
- Inadequate or biased officer training in DUI detection - The officer's inadequate training in DUI detection led to a misinterpretation of the defendant's behavior, resulting in an unjustified arrest for DUI.
- Improper preservation or storage of blood or urine samples - The mishandling or improper storage of a defendant's blood or urine samples may compromise their integrity, rendering the BAC test results unreliable and inadmissible as evidence
- Violation of the right to a speedy trial - In a hypothetical case, a defense attorney could argue that the prolonged delay between the defendant's DUI arrest and the trial date violated their constitutional right to a speedy trial, resulting in a dismissal of the charges.
A DUI arrest does not guarantee a DUI conviction.
As emphasized earlier, being arrested for a DUI does not guarantee a conviction. Miami Criminal Defense Attorney Dennis Gonzalez Jr will fight to preserve your rights under the law by interviewing police and witnesses, scrutinizing the arrest circumstances, and examining FSTs, BAC tests, and all reporting.
Don't let a DUI charge jeopardize your future. Dennis Gonzalez Jr and his team have the expertise and experience to effectively counter the arguments typically used by the state of Florida in DUI cases. If you or someone you know has been arrested for DUI, contact Miami Criminal Defense Attorney Dennis Gonzalez Jr to review your case thoroughly and ensure the arrest and charges are valid under the law.
Call (305) 209-0384 today for your free consultation.
Don't let a DUI charge jeopardize your future. Dennis Gonzalez Jr and his team have the expertise and experience to effectively counter the arguments typically used by the state of Florida in DUI cases. If you or someone you know has been arrested for DUI, contact Miami Criminal Defense Attorney Dennis Gonzalez Jr to review your case thoroughly and ensure the arrest and charges are valid under the law.
Call (305) 209-0384 today for your free consultation.
Dennis Gonzalez Jr.'s law firm is a top-tier criminal defense practice serving clients in Miami, Fort Lauderdale, West Palm Beach, and throughout Florida. Possessing the knowledge, skills, and resources necessary for successfully handling white collar crimes, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will work relentlessly to protect your rights when you're in legal trouble.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.