Getting charged for a drunk driving offense in Florida can be intimidating. You may be so worried about your future that you’re tempted to take the first plea deal that is offered to you. However, if you can get your DUI charge dismissed, you won’t have to decide whether to plead guilty or innocent.
How can you get a DUI charge dismissed?
There are several possible ways that you could get a DUI charge dismissed. If you can prove that something in the traffic stop or the investigation was illegal, this could be grounds for a dismissal. For example, if the police officer who arrested you did not follow the law or respect your rights, the charge that resulted from that arrest could be invalid.
Disputing the traffic stop
If you go the route of arguing that the traffic stop was invalid, you will have to prove that the police officer pulled you over for no reason. This means that the officer had no reasonable suspicion that you were committing a crime when they started flashing their lights. Even if the officer found evidence that you were intoxicated during the traffic stop, the case could still be thrown out.
Disputing the sobriety tests
Sobriety tests have known flaws, and most judges understand that they are imperfect measures of intoxication levels. If you can bring up possible explanations for a failed sobriety test, the results of the test could be considered unsubstantial evidence. For example, a person might fail a breath test because they have a history of acid reflux. Another example is a physically disabled person who could have failed a field sobriety test while sober.
Your case may involve unique circumstances
There are many unique circumstances that can lead to a false charge for DUI. If you are facing a DUI charge, you may want to look into having your charge dismissed to avoid a conviction and the associated penalties.
