Law Offices of Jose Nunez, Jr.
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Will Help You
Can a DUI Be Dismissed in Florida?
Yes. DUI charges can be dismissed in Florida under the right circumstances.
Although every case is different, dismissal may occur when the prosecution lacks sufficient evidence or when constitutional violations affect the admissibility of key evidence.
Many people assume that a DUI arrest automatically leads to a conviction. That is simply not true.
Illegal Traffic Stops
One of the most common DUI defenses involves challenging the legality of the stop.
Law enforcement officers generally must have reasonable suspicion to stop a vehicle.
Examples may include:
- Traffic infractions
- Equipment violations
- Reasonable suspicion of impairment
If the stop was unlawful, important evidence may be excluded.
Problems With Field Sobriety Exercises
Field sobriety exercises are often presented as evidence of impairment.
However, many factors can affect performance, including:
- Medical conditions
- Injuries
- Fatigue
- Anxiety
- Poor weather conditions
- Improper instructions
A poor performance does not automatically establish impairment.
Breath Test Issues
Breath testing equipment must be properly maintained and operated.
Potential issues may involve:
- Maintenance problems
- Calibration issues
- Operator errors
- Observation period violations
Video Evidence
Body cameras and dash cameras sometimes contradict police reports.
Video evidence may reveal:
- Normal speech
- Normal balance
- Compliance with instructions
- Inaccurate observations
Rising Blood Alcohol Defenses
Alcohol absorption takes time.
In certain cases, a person’s blood alcohol level may have been below the legal limit while driving but higher when testing occurred later.
Negotiated Dismissals
Dismissals may also occur when:
- Witnesses become unavailable
- Evidence is lost
- Prosecutors determine the case cannot be proven beyond a reasonable doubt
Frequently Asked Questions
Is dismissal common?
Every case is different. Dismissal depends on the facts, evidence, and legal issues involved.
Can a DUI be dismissed if I blew over .08?
Sometimes. A breath result alone does not automatically guarantee a conviction.
Should I plead guilty immediately?
Many people benefit from having an attorney review the evidence before making any decision.
Related Articles
- How Long Does a DUI Stay on My Record?
- What Happens If I Refuse a Breath Test?
- Can I Get a Hardship License After a DUI?
- What Are the Penalties for a First DUI?
- DUI Defense Attorney Naples
Contact the Law Offices of Jose Nunez, Jr.
If you have been charged with DUI in Southwest Florida, contact the Law Offices of Jose Nunez, Jr. to discuss possible defenses and strategies for protecting your future.
