Defenses to a Key West DUI
Getting charged with a Key West DUI is not the same thing as getting convicted of one. Unfortunately, too many individuals get overwhelmed by the process and the system and don’t put up a fight! A DUI conviction is life-changing, so it is always worth your time and energy to fight these serious charges. Working with an experienced Key West DUI attorney represents your best chance of defeating the charges against you.
If you or a loved one has recently been charged with a DUI, there are defenses available to you. As with any case, your defense strategy depends on the particulars of your case. Here’s a look at some possible DUI defenses:
- Illegal stop: Was there reasonable suspicion to pull you over for a DUI in the first place? If not, this can become grounds for a motion to suppress, which, if granted, could get your case dismissed.
- Testing issues: Your lawyer will question everything from how the field sobriety tests were administered to potential issues with any chemical tests. There are rules and safeguards in place that must be followed or the results need to be thrown out. These results are often the prosecution’s main piece of evidence against you, and if they can’t use them, then they can’t convict you of a DUI—simple as that.
- Possession issues: Who was in control of the car at the time in question? The prosecution has the burden of proof to show that was you.
- Accident Reporting Privilege: If the DUI in question also involved an accident, then there are special rules in place that dictate this line of questioning. Put simply, the officer in your case needs to distinguish when he is questioning you about the accident and when he is questioning you about the DUI. If he fails to do so it is a violation of the Florida Accident Reporting Privilege.
- Constitutional concerns: Your constitutional rights in these cases usually go to the nature of the officer’s questioning and, much like any other piece of evidence, if they violated your rights, then this is yet another piece of evidence that may never see trial.
As you can see, there are defenses available to DUI charges. So, do not accept defeat before giving attorney Alan Fowler a call to set up a free consultation. Alan has years of experience fighting DUI charges and will work hard to reduce or eliminate the charges against you. 305.912.2516