What Are Some Defenses Against A DUI?

If you have been arrested, it is important to call a DUI attorney right away, as you may only have 10 days to launch your defense. As soon as you call Bodiford Law, P.A., we will begin preparing your defense.

In deciding which defenses could apply in your case, our lawyers will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DUI cases include challenging driving observations and challenging blood alcohol content tests.

Driving Observation Defenses

The prosecutor always relies (sometimes exclusively) on the arresting police officer's testimony about how a DUI suspect was driving, including:

  • Very slow speeds
  • Uneven speeds (very fast, then very slow)
  • Weaving from one side of a lane to the other
  • Crossing the center line of the highway
  • Running a red light
  • Hesitation in going through a green light

A knowledgeable criminal defense lawyer will argue that there are many different explanations for these driving behaviors that do not have anything to do with being alcohol-impaired.

Challenges To Breathalyzers And Other Test

When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the blood alcohol content (BAC), can be measured by different tests. In Florida, you are presumed to be drunk and unable to operate a vehicle safely if your BAC is .08 or greater.

If the police suspect that you are drunk, they can require you to take a Breathalyzer or other test to measure your blood alcohol content. Refusal to take a test may result in an automatic suspension of your license. However, Breathalyzers and other tests are not always accurate and factors that have nothing to do with alcohol can influence the results.

Contact An Expert DUI Defense Attorney Today

At Bodiford Law, P.A., we are dedicated to the relentless defense of your rights. Many of the defenses against DUI charges require a lawyer's expertise and experience. Joe Bodiford, a Florida Bar board-certified lawyer in Tallahassee, is a zealous and resourceful advocate who relies on his many years of experience in the courtroom to argue on behalf of his clients.

Call us at 850-222-4529 (for existing clients) and 850-583-7381 (for new clients) or contact us online today for a free consultation.