In Florida, being found guilty of a DUI can result in imprisonment, license revocation, and large fines. With so much on the line, don’t leave anything to chance. DUI defense attorney Ron Herman has the skill and experience to aggressively defend you against all criminal charges.
Can You Beat a DUI Charge?
If you have been charged with a DUI, you will not necessarily be convicted. There are several ways to beat a DUI charge. To be convicted of a DUI, the prosecution has the burden of proving your guilt of the offense beyond a reasonable doubt. The following can work to seriously undermine any case the prosecutor may have against you, making it very difficult for them to meet the requisite burden of proof:
- Challenging the legality of the stop. If the officer did not have probable cause to pull you over in the first place, the legality of the stop can be challenged. Any evidence gathered as a result of the stop will not be admissible in court if the stop was illegal. This means that any failed Breathalyzer test or field sobriety test results would be inadmissible making it next to impossible for the prosecutor to prove your guilt.
- Challenging the accuracy of the Field Sobriety or Breathalyzer test results. A failed Field Sobriety or Breathalyzer test does not mean you will be automatically convicted of a DUI. These tests are not infallible nor are the people who administer them. If the officer did not have the necessary training or certification to administer either of these tests, doubt can be cast on the reliability of the results. Additionally, if a blood test was done, these results can also be challenged by questioning the chain of custody. If the prosecutor cannot show that the blood sample was secured at the DUI stop or lab and account for its every movement and location every step of the way, a gap in this chain can cast doubt on whether or not the evidence was at all tampered with or was the original sample.
- Challenging the officer’s credibility. There are several ways to challenge the credibility of the arresting officer. The officer may have made significant errors in the police report or other arrest documentation. This can go to the reliability of the officer and undermine any other evidence gathered by the officer and also his testimony regarding the events that unfolded during the DUI stop. Additionally, there may have been some police misconduct involved in the stop such as racial profiling. Maybe the officer had been subject to disciplinary actions in the past. All of this can undermine the officer’s credibility, calling the legitimacy of your stop and the DUI charge into question.
Experience You Can Trust.
A DUI charge is a serious matter. Don’t let that charge turn into a conviction. Contact tenacious DUI attorney Ron Herman. At Herman Law, P.A., you will get the best and most aggressive DUI defense representation you can find.