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3 drunk driving defense strategies

An experienced drunk driving defense lawyer has hundreds of defense strategies to choose from when representing a Florida driver accused of DUI. The defense options that the lawyer employs will largely depend on the facts and evidence surrounding the arrest and allegations.

There are far too many DUI defense strategies to name in this short article, but let's look at a sampling of three that your lawyer might choose to use in your case:

  • The officer didn't conduct a 20-minute observation period: Did you know that Florida law requires a 20-minute observation period before you conduct your breath test? The police officer must observe you continuously for a period of 20 minutes. This ensures that you did not eat or drink something that could potentially invalidate the Breathalyzer results. Failing to carry out this observational period could result in the invalidation of your breath test results so that they cannot be used as evidence against you.
  • You were unlawfully retaliated against for acting "rude": Being rude to a police officer is definitely ill-advised. However, acting in a disrespectful way is not in any way proof that you were too drunk to drive. If you were rude, or the officer accuses you of being rude as justification for your arrest, it will not hold up in court.
  • You have a hard time enduring stressful situations: If you have a hard time staying calm in stressful situations, being subjected to a DUI stop could throw you over the edge. Did the officer mistake you for being too drunk to drive because you became so anxious and stressed that you acted strangely? Your inability to endure such a stressful situation cannot be used as proof that you were drunk.

A simple DUI stop -- in which a driver is accused of having a .08 percent blood alcohol concentration (BAC) -- will be defended much differently than an alleged DUI accident that results in serious injuries. If you've contacted a DUI defense attorney to represent you, your lawyer will discuss your legal rights and options to determine the most appropriate strategy to apply to your situation.

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