Miami, FL DUI Defense Attorney

Lawyer Providing Guidance on How to Beat DUI Charges in Miami, Florida

An arrest for driving under the influence of alcohol or drugs can be a stressful and overwhelming experience, especially when you are unsure about what to expect or what options you may have to defend yourself against the charges. Florida's DUI laws are strict, and a conviction can lead to fines, license suspension, increased insurance costs, jail time, and other penalties. However, with the right legal strategy, it may be possible to beat the charges or reduce the penalties.

At Stroleny Law: Criminal Defense Attorney, we represent people who have been charged with drunk or intoxicated driving. Our Miami DUI defense lawyer understands that each case is unique, and he will develop customized defense strategies based on the specific facts of a case and a person's circumstances. His goal is to protect your rights and help you move forward while avoiding a conviction on your record and helping to limit the long-term impact of a DUI case.

Here are 10 ways that our attorney can help you fight DUI charges:

1. Challenge the Legality of the Traffic Stop

One of the first issues to address is whether a police officer had legal grounds to stop your vehicle. If there was no reasonable suspicion of a traffic violation or a criminal offense, the traffic stop itself may have been illegal. In these cases, evidence gathered during a traffic stop may be inadmissible in court. This could lead to the dismissal of DUI charges.

2. Question the Reliability of Field Sobriety Tests

Field sobriety tests may be performed by police officers during traffic stops, with the goal of identifying signs of impairment and obtaining probable cause to arrest a driver for DUI. However, whether a driver "passes" or "fails" field sobriety tests will depend on the subjective opinions of a police officer. Tests can be affected by factors such as fatigue, medical conditions, uneven surfaces, or poor lighting. Our attorney will review whether tests were administered correctly and whether the results truly indicate that you were impaired.

3. Identify Procedural Violations by Law Enforcement

Police officers must follow specific procedures during a DUI traffic stop, investigation, and arrest. If an officer failed to read you your rights, conducted an unlawful search, or made other errors, our lawyer can highlight these violations to weaken the prosecution's case.

4. Dispute the Results of Breath, Blood, or Urine Tests

The chemical tests that may be performed after a person is arrested for DUI are not always accurate. Breathalyzers must be properly calibrated and maintained, and their results may be inaccurate if an officer was not trained to use a device or made errors during testing. Blood or urine samples must be collected and stored according to strict protocols. Our attorney will investigate whether testing equipment was functioning correctly, whether samples may have become mixed or contaminated, or whether there are other reasons that test results may be unreliable.

5. Argue That You Were Not in Actual Physical Control of the Vehicle

In some cases, you could be charged with DUI even if you were not actively driving. For example, you could be questioned by police or arrested if you were in a parked car and the vehicle was not moving. Our lawyer will look at whether the evidence shows that you were in actual physical control of the vehicle and whether the state can meet its burden of proof.

6. Show That Medical Conditions or Medications Caused Signs of Impairment

Certain medical conditions, prescription medications, or over-the-counter remedies may have symptoms that are similar to intoxication. If you were arrested for DUI based on factors that were not related to the use of alcohol or drugs, our attorney can work with medical experts to demonstrate that you were not intoxicated and that your ability to drive safely was not impaired.

7. Use Testimony From Independent Witnesses

People who were present at the time of your arrest may be able to provide information about your activities, demonstrating that you had not been drinking or using drugs and were not intoxicated. Our lawyer may also work with expert witnesses to challenge the results of chemical tests or highlight medical issues that played a role in your case.

8. Refute the Officer's Observations and Testimony

A police officer may base their decision to perform a DUI arrest on observations such as redness in the eyes or speech that is slow or slurred. They may claim that they smelled alcohol on your breath or clothing. Our attorney can challenge these claims by showing alternative explanations or highlighting inconsistencies in the officer's reports or testimony.

9. Suppress Unlawfully Obtained Evidence

If evidence was obtained in violation of your constitutional rights, such as an unlawful search of your vehicle during a DUI traffic stop, our lawyer can file a motion to suppress that evidence. If successful, this can lead to the case being dismissed due to a lack of evidence.

10. Negotiate for Reduced Charges or Alternative Sentencing

In some cases, it may be possible to negotiate with the prosecution to secure a reduction in charges or penalties. Our attorney can advise you on whether pleading guilty to a lesser offense or participating in a diversion program may help you avoid a DUI conviction. He can also help determine whether alternative sentencing may be available that will allow you to avoid jail time while preserving your driving privileges.

The Importance of Experienced Legal Representation in a DUI Case

The laws that affect DUI cases can be complex, and the consequences of a conviction can follow you for years. You will need to work with an attorney who knows how to evaluate the details involved in your case, find weaknesses in evidence against you, and advocate on your behalf for a dismissal, acquittal, reduction of charges, or other solutions. Stroleny Law: Criminal Defense Attorney has the experience, resources, and dedication needed to fight DUI charges from every angle. Whether this is your first offense or you have prior convictions, we will take your case seriously and work to protect your record, your license, and your future.

Contact Our Miami DUI Defense Lawyer

You do not have to face the legal system alone when addressing DUI charges. The sooner you act, the more options you may have for fighting the charges and avoiding serious penalties. Our lawyer will explain your rights and work with you to develop a defense strategy that will provide you with the best chance of success. Contact our Miami, FL DUI attorney at 305-615-1285 to set up your free consultation.