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Common defenses against DUI charges

On Behalf of | Jun 14, 2022 | DUI |

If you are charged with drunk driving, it doesn’t mean that you are guilty of the crime. Instead, it simply means that Florida authorities believed that there was enough evidence to suggest that you violated the law. There are multiple defenses that you may be able to use to cast doubt on the charge and obtain a favorable outcome.

An officer may have misjudged the situation

An officer may have thought that your bloodshot eyes were a sign of impairment. However, it’s possible that your eyes were bloodshot because they were dry or because you suffer from allergies. The person who took you into custody may have also thought that your inability to stand was caused by drug or alcohol use. However, the truth may be that you can’t stand because of a medical condition that makes it difficult to maintain your balance.

Did you unknowingly use drugs or consume alcohol?

Let’s say that someone gave you a brownie that was infused with marijuana or a cup of soda that had alcohol in it. If you didn’t know that you had used a controlled substance prior to driving, it may be an affirmative defense against a drug or alcohol DUI charge. You may also assert that any marijuana found in your system had been there for days or weeks prior to having your blood drawn. In such a scenario, it’s unlikely that it would impair your ability to safely operate a motor vehicle.

A conviction on a DUI charge may result in prison time, a fine or other serious penalties. However, casting doubt on the evidence used to justify charging you with such a crime may be enough to have it reduced or thrown out entirely.

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