DUI charges are intimidating and difficult to challenge; however, many accused are successfully able to have their charges overturned. In almost all cases, it is in the defendant’s interests to fight a DUI accusation rather than to plead guilty.
First and foremost, in order to overturn a DUI charge you need to hire an experienced DUI attorney, specializing in Orlando DUI cases. However, there are some additional steps you can take to provide your attorney with better fodder to fight your DUI charges.
Information will be your greatest tool in fighting a DUI accusation. Many arresting law enforcement officers fail to follow proper protocol when conducting sobriety tests or during an arrest. As soon as you are arrested and throughout the arrest, booking and arraignment process, meticulously document everything that occurs and everything that is asked of you. Something as simple as an officer lacking probably cause to stop your vehicle, or their failure to read you your Miranda rights upon arrest, is enough to have a case thrown out of court.
Take photographs where appropriate or potentially useful. This is especially important if your DUI charge is connected with an accident or any sort of property damage.
Take written note of any outside circumstances that may have affected your behavior or physical comportment during the traffic stop, subsequent interviews or any sobriety tests. Details such as preexisting injuries or conditions, prescription medications, lack of sleep or fatigue and external stimuli may all contribute in defending your DUI. Field sobriety tests in particular are subjective, and lacking video evidence, it is easy to dispute a law enforcement officer’s findings.
Regarding breathalyzer, blood or urine tests, different sources will advise you differently about accepting these tests, and there is no infallible answer to such requests. A refusal to perform these tests may result in immediate license suspension or other sanctions. However, these tests provide quantifiable evidence of your intoxication level. In the case of blood alcohol content (BAC), although anything above a .08 BAC rating qualifies as a DUI, anything above .15 BAC results in even stricter penalties. If you suspect your BAC may exceed .15, it may be in your best interest to refuse a test. Driving sanctions can be disputed during a DMV hearing. However, if you are absolutely sure you will pass these tests, the empirical data from a blood or breathalyzer test stands to benefit your defense.
