Fighting DUI Charges in Miami: Defenses and Strategies to Save Your License
Getting arrested for DUI can be scary. The legal penalties are severe and a conviction can haunt your record for years. But there is hope – skilled DUI defense attorneys know how to fight the charges. This article will explore common defenses and strategies Miami lawyers use to beat DUI allegations and help clients save their licenses.
Challenging the Initial Traffic Stop
A key defense strategy focuses on the initial traffic stop leading to your DUI arrest. For the stop to be legal, the officer needs “reasonable suspicion” you committed a crime or “probable cause” you violated traffic laws. Without proper justification, a defense attorney can argue an illegal search and seizure under the 4th Amendment. If successful, all evidence from the invalid DUI investigation gets thrown out and charges dropped.
Common reasons a stop gets challenged:
- No traffic violation observed
- Alleged infractions like cracked windshield or no turn signal didn’t actually happen
- Driving pattern didn’t indicate impairment
See examples here. Pay attention to exactly why you got pulled over. Any doubt casts reasonable suspicion into question.
Attacking the DUI Investigation
Assuming a legal traffic stop, DUI lawyers dig into the investigation details searching for procedural flaws. Police must follow strict protocols when conducting roadside sobriety exercises. Deviations from official standards help defense arguments.
- Improperly administered field sobriety tests
- Incorrect instructions or scoring
- Lack of probable cause for arrest
Did the officer make mistakes conducting tests or determining impairment? Experienced lawyers analyze video footage to catch errors.
Fighting Breath, Blood and Urine Results
Chemical test results over the legal limit lead to quick DUI convictions. But even damning BAC readings have vulnerabilities. Common challenges include:
- Testing equipment not properly maintained or calibrated
- Incorrect administration of the actual test
- Failure to observe required observation period prior to testing
- Improper storage and transportation of blood samples
See breath test defenses here. Destroying chemical evidence removes the prosecution’s strongest proof of intoxication.
Using Affirmative Defenses
Beyond attacking the state’s case, “affirmative defenses” admit allegations but provide legal justifications. Arguments like duress, entrapment or self-defense apply to DUIs also.
While tough to prove, common examples include:
- Unconsciousness or sleep driving
- Involuntary intoxication
- Necessity (driving under duress)
See descriptions of each here. Miami lawyers search for facts supporting these defenses to beat charges.
Alternative Strategies to Save Your License
Even solid defenses sometimes fail. But experienced attorneys have alternative strategies to mitigate penalties and salvage driving privileges.
Plea Bargains
Rather than outright dismissal, prosecutors often offer reduced charges through plea deals. While still a conviction, lower offenses like reckless driving keep major DUI sanctions off your record.
Diversion Programs
These strict, probation-like programs require completing alcohol education and community service. In exchange, charges get dropped following successful completion. Defense lawyers work creatively to enroll clients when possible.
Hardship Licenses
Those facing suspensions can apply for temporary restricted licenses demonstrating extreme hardship from loss of driving ability. These cover necessities like work, school, healthcare and child transportation.
See examples of license saving strategies here.
Finding the Right Miami DUI Attorney
As shown above, skilled lawyers have many options to contest DUI charges and seek charge reductions or dismissals. Thorough case review also identifies opportunities to keep licenses when possible.
Yet all defenses require experienced attorneys intimately familiar with DUI laws and court procedures. So when facing drunk driving allegations, find a lawyer with proven drunk driving defense success.
Review attorney records, consultations and fees. Ask about case strategies, reviews from past clients and credentials like NCDD membership.
Don’t just settle for any lawyer. Find one able to actively fight for the best possible outcome. Your future depends on making the smartest choice today.