Can a First-Time DUI Be Dismissed in Florida?
A first-time DUI could be dismissed in Florida. With an experienced Attorney from Leifert & Leifert on your side, factors like an unlawful traffic stop, a faulty breathalyzer, and certain medical conditions could help us get you out of this charge. Each case in Fort Lauderdale has a different set of factors, and our legal team would look for various strategies to challenge the allegations on your behalf.
What are Florida’s DUI Penalties?
In Florida, the threshold for driving under the influence (DUI) is a blood alcohol concentration (BAC) of 0.08 percent or higher. If you are convicted of this charge, the penalties are severe, even if you do not have any prior DUIs on your record. You could leave the courthouse with heavy fines: up to $2,000 and a maximum of nine months in jail, depending on the circumstances.
Challenge the Stop
A first-time DUI charge could be dismissed in Florida’s court system because of an unlawful traffic stop. The Fourth Amendment protects drivers from unreasonable searches and seizures. This law requires Police Officers to have probable cause before they can rightfully stop your vehicle. If they do not have a valid legal reason for pulling you over, any evidence they collect, like BAC, could be excluded from your case.
Dispute Breathalyzer Results
Law Enforcement Officers routinely use a breathalyzer to determine a driver’s BAC. However, this device is not infallible. The machine must be properly calibrated to produce accurate results. If the administrator fails to follow the equipment’s correct operating procedures, the Lawyers at Leifert & Leifert could get the results excluded from evidence. Hopefully this factor would lead to a dismissal.
Prove Contributing Medical Conditions
Common medical conditions, like diabetes, dementia, and epilepsy, could mimic the signs of drug and alcohol impairment. These disorders often present symptoms like confusion, slurred speech, and unsteadiness that may lead the arresting Officer to believe you are too impaired to drive. Our experienced Attorneys would present medical evidence to the Judge and explain the specifics of your illness.
Contact our Attorneys at Leifert & Leifert if you have been charged with DUI in Florida. We understand that going to court could feel overwhelming, and we are here to help. Even if a dismissal is unlikely in your case, our legal team will work hard to get you the best result possible. Take advantage of our free initial consultation and case review today.
