One of the most common reasons people get arrested is for driving under the influence (DUI). Even though DUI charges are common, that does not make them any less serious.
While a DUI charge might leave you feeling hopeless, the reality is they are often winnable. Our dedicated defense attorneys can help you navigate the legal system and build a good defense for your particular situation. Reach out to our St. Petersburg DUI lawyers today to learn about your next steps.
In Florida, it is against the law to operate or have physical control of a vehicle while under the influence of drugs or alcohol. This means a DUI charge does not necessarily require a person to be driving a vehicle to be breaking the law. Someone is still considered to be in physical control of a car by sitting in the driver’s seat with the engine running. Anyone can be charged as long as they are in a position to start driving immediately, even if they had no intention of doing so.
The state must also prove someone was under the influence to secure a DUI conviction. Most of the time, this means using the results of a blood, breath, or urine test to show that a person’s blood alcohol concentration (BAC) was .08 or higher. Prosecutors can also use other evidence of impairment, including someone’s admission that they were drinking or a failed field sobriety test.
Our DUI lawyers in St. Petersburg can review all the alleged evidence against you and advise you on the strength of the state’s case.
There is no universal approach to beating a DUI charge. That said, our attorneys have relied on a number of strategies and secured favorable outcomes in DUI cases. What matters most is tailoring the strategy to the facts of your case. Our DUI lawyers in St. Petersburg frequently challenge the accuracy of breath tests and the legality of traffic stops.
Most of the time, prosecutors build their case around a chemical test that shows someone’s BAC was above the legal limit. However, law enforcement must follow strict protocol when it comes to collecting, storing, and testing these samples to avoid false positives.
If the police do not follow guidelines, the results could be inaccurate. This provides attorneys with an opening to have the evidence excluded from a trial entirely. Common examples include blood tests that are not refrigerated or officers using breath test machines without proper certifications.
DUI cases typically begin with a traffic stop. Usually, officers pull over a driver after observing a moving violation, including speeding, running a red light, or failing to yield. If they stop a car without a valid reason, any evidence they collect in the ensuing investigation can be excluded at trial. This might include anything someone said to an officer or even the results of a blood test. Without this evidence, the prosecutors are unlikely to have enough to prove guilt beyond a reasonable doubt.
Driving under the influence of drugs or alcohol is a serious allegation. It can also be a difficult case for state prosecutors to make, so you need a good defense on your side. If you have been charged with DUI, let our attorneys help. We understand what goes into a winning strategy. Reach out to our St. Petersburg DUI lawyers today to learn about your legal options.
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