Challenging a DUI
When you are arrested for a DUI, you face a misdemeanor conviction even for a first offense. You could serve up to six months of jail time and face fines up to $1,000 for a simple first offense with a BAC below .15. If your BAC exceeds this level, if you have prior convictions or if you had a minor in the car, the penalties become even harsher. You'll also have a permanent criminal record that can come back to haunt you.
With such serious consequences, it is extremely important to contact a Fort Lauderdale DUI attorney to explore your options for challenging a DUI. Because a DUI is a criminal charge, the prosecutor has the burden of proving your guilt beyond a reasonable doubt. There are a number of possible challenges you can raise, depending on the circumstances surrounding your case, but you will need to speak with a lawyer to learn about which defenses or challenges are right for you. The Ansara Law Firm has helped many clients to successfully challenge DUI charges and we can give you the legal advice you need throughout your DUI case.Options for Challenging a DUI
There are a number of possible options available to you when you are interested in challenging a Fort Lauderdale DUI. Some possible options you have include:
- A rising BAC defense
When you stop consuming alcohol, your blood alcohol level actually continues to climb for a brief period. This means that you may have a beer or two, drive home while you are at or below the legal limit, and then have your BAC go up above the legal limit later on.
In order to be convicted of a DUI, you need to be impaired and/or above the legal limit at the time when you are behind the wheel and driving. If law enforcement pulls you over and does not give you a blood alcohol content test right away, then they won't know whether your BAC was actually above the limit at the time when you were driving. For instance, if police wait to take you to the police station before testing you and half hour passes, then your BAC may have gone up during that half hour, so even if your results show you are above the limit, you might not have been when driving.
This most often comes into play when a period of time passes between a roadside incident and arrest – such as when a defendant is accused of hit-and-run and is later found at home. Consumption of alcohol between the time of the incident and arrest can impact results.
- A faulty evidence defense
A Breathalyzer can sometimes be conducted incorrectly, or the machine may be improperly calibrated. If the police officer who performed your BAC test was not properly trained or if the Breathalyzer was not calibrated according to the requirements set forth by the manufacturer, the results may not have been accurate. You can obtain information through discovery that helps you to learn whether this defense is a viable one or not.
Remember, the prosecutor has the burden of proving guilt, so if you case doubt on the accuracy of the evidence against you, you may be able to avoid conviction.Other Options
These are just two of the many options available to you if you are interested in challenging a DUI. You can also attempt to argue that a violation of your constitutional/fourth amendment rights occurred. The fourth amendment protects you against being subject to unreasonable searches by law enforcement, and if the police gave you a breath or blood alcohol content test without probable cause, this action may be considered an unreasonable search. Any evidence obtained during the course of an unfounded and unreasonable search isn't admissible against you.
Your Boward County DUI lawyer will help you to explore these and other options for challenging a DUI so you can have the best chance of avoiding conviction.
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.