Tampa DUI Lawyers

Is your Tampa DUI Lawyer doing the best for you?

list of 25 Ways to Beat a Tampa Florida DUI. Please review the list of items and compare them to the facts in your own case. The contact one of the local Tampa DUI Lawyers here and tell them about your facts. Most give a free consultation, and you can explain your situation and have them exploit the prosecutor’s case, giving you a better chance at beating a conviction for DUI.

The DUI Stop Issues

1. WEAVING INSIDE YOUR LANE OF TRAVEL – weaving without actually crossing any lanes of travel is not a valid reason to stop a vehicle.
2. ILLEGAL STOP OF DRIVER – a driver in Florida can not be stopped unless the officer has a reasonable articulate suspicion that a traffic law or other law has been violated.
3. FAILURE TO READ MIRANDA RIGHTS IN FLORIDA – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda warnings
4. ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or portable cause. Any evidence illegally obtained is not admissible in court.

The Field Sobriety Tests & Breath Tests Issues

5. DUI FIELD SOBRIETY TESTING WAS INACCURATE- the one leg stand test is only 65% accurate, and the walk and turn test is only 68% accurate in determining impairment.
6. DUI BREATH TESTING WAS INACCURATE – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 12.5%, non-specificity for ethanol, etc.
7. USING VIDEOS IN DUI BOOKING ROOM – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
8. CAR VIDEOS OF DUI – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
9. POLICE BLOOD TEST INACCURATE IN DUI CASES – Many times, police blood testing fails to follow prescribed rules of testing, analysis or preservation recommendations.
10. MALFUNCTIONS OF DUI BREATHALYZER EQUIPMENT – If there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
11. EXPIRATION OF OPERATOR’S LICENSE WHO PERFORMS DUI BREATH TEST – A Breath Test Operator must possess an unexpired operator’s license, or the breath test is inadmissible.
12. DUI FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
13. INADMISSABILITY OF DUI PORTABLE BREATH TEST – Florida prohibits the use of portable breath testing results as evidence at trial in a DUI case.
14. FAILURE TO CONDUCT OBSERVATION PERIOD FOR DUI TEST – Florida requires that a driver be observed continuously for a minimum period of twenty (20) minutes prior to a breath test for the results to be considered admissible and valid.
15.MEDICAL AND HEALTH CONDITIONS MAY AFFECT DUI TEST RESULTS – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
16.INTERFERING SUBSTANCES IN DUI CASE – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
17. DUI FORCED BLOOD DRAW – In Florida, police may not take a blood test against a driver’s consent where there has not been an injury involved, or the result is inadmissible.

Trial Court Issues

18. DISCIPLINARY RECORD OF OFFICER– A police officer’s previous disciplinary record can be used to attack the officer’s credibility.
19. ABSORPTION OF ALCOHOL, POST DRIVING – The prosecutor must prove the breath or blood level of alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
20. PRIOR INCONSISTENT POLICE OFFICER STATEMENTS – Any statement made by a police officer, verbally, in police reports, or at pervious court proceedings may be used to attack that officer’s credibility.
21. FLORIDA’S PRIVATE PROPERTY LAW – A person who has not driven the car or on a public highway cannot be suspended for drunk driving.
22. DUI STATUTE OF LIMITATION – A misdemeanor charge of DUI must be filed within a certain period of time of the date of offense or the charges will be dismissed outright
23. FAILURE TO PROVE THE DUI – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
24. FAILURE TO COOPERATE AND PROVIDE DEFENSE WITH DISCOVERY – If the State Attorney’s Office fails to provide discovery to the Defendant that information may be deemed inadmissible in court making it difficult for the Sate to prove a charge of DUI.
25. FAILURE TO PROVIDE A SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time through delays of the court or State Attorney the charges must be dismissed.