Avoiding a DUI Conviction
In the state of Florida, if you are arrested for driving under the influence, avoiding a DUI conviction should become your top priority. A DUI conviction has serious consequences for your life. Not only will you lose your driver's license for a period of 180 days or more, but you are also going to have to pay a large fine and potentially be incarcerated- not to mention being stuck with a criminal record after your conviction.
Avoiding a DUI conviction is not possible for every person or in every case, but there are options for those who have been charged with a DUI and there are potential defenses you can raise in order to try to walk away without a conviction. Defending yourself in a DUI requires extensive legal knowledge and experience in DUI defenses, however, so it is important to contact a Fort Lauderdale DUI defense lawyer for help. The attorneys at The Ansara Law Firm have represented many clients and helped them in avoiding a DUI conviction. Contact us today for an evaluation of your case and to learn how we may be able to assist you.Avoiding a DUI Conviction
When charged with a DUI, there are a few different options available to you for avoiding a DUI conviction. Your ability to use a defense will, however, depend upon the circumstances of your DUI arrest.
Some possible examples of DUI defenses include:
- A rising BAC defense. Surprisingly, your blood alcohol content keeps going up for quite a while after you have your last drink. This means if police delayed in testing your BAC (for example, while they waited to get you back to the police station and administer a test), your BAC may actually be higher at the time when you are tested than it was behind the wheel. If your blood alcohol content is close to the legal limit, you can argue that you weren't actually over the limit at the time you were driving and that you are thus not guilty of a DUI.
- A faulty evidence defense. Police officers are not perfect, and breathalyzers are not infallible. If the officer who arrested you was not properly trained in conducting a Breathalyzer or if his training was not up-to-date, you may be able to argue that there was something wrong with the administration of the test. Likewise, if the Breathalyzer itself wasn't maintained or calibrated according to manufacturer instructions, a faulty evidence defense may be raised.
- A lack-of-evidence defense. Prosecutors have a burden of proving beyond a reasonable doubt that a crime was committed before you may be convicted of a crime. Since a DUI is a criminal charge, this burden applies in DUI cases. You don't have to show you were innocent- it is enough to point out that there's doubt as to your guilt.
In some cases, you may also be able to keep evidence out of court in a DUI case. If there was a violation of your Constitutional rights during the pre-arrest or arrest process, then any evidence collected cannot be used against you. This means if the police didn't have probable cause to pull you over or to test your blood alcohol content, you may be able to have evidence suppressed. With no evidence, a prosecutor cannot meet his burden of proving guilt beyond a reasonable doubt.
Raising these defenses and making these legal arguments are some examples of ways in which you may be successful in avoiding a DUI conviction. The success of any defense will depend on the circumstances surrounding your case; however, having qualified lawyers give you legal advice on defenses available to you is also essential to having the best chance of successfully fighting your DUI.
If you have been charged with DUI in South Florida, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011! You can also contact us online. It only takes a minute to call, but it can make all the difference in the world.