#1 – The first and most important way to beat a DUI charge is to find a lawyer who has a practice that focuses on DUI defense. Attorneys who focus on DUI issues know all the ways to challenge the state’s case from the initial stop to your processing at the jail. Without an attorney that knows what he or she is doing, you haven’t got a chance. A good attorney will challenge the following areas of the State’s case:
#2 – Challenge the stop. If the officer had no reason to pull you over, any information that was learned after the pull might be thrown out. This includes field sobriety exercises and breath test results.
#3 – Challenge the field sobriety exercises. Did the officer have any training in administering the exercises? Did the officer administer the exercises correctly? Do you have a physical disability that explains your poor performance? Did you perform well on the exercises but the officer took you in anyway? These are all questions that can affect the outcome of your case.
#4 – Challenge the HGN. HGN stands for Horizontal Gaze Nystagmus. Most people who are not familiar with HGN refer to this exercise as “the eye test” or “the thing with the light in your eyes.” HGN is very specialized and can give an inaccurate result if it is not done exactly right. If the officer was not certified to perform HGN, or if the HGN was done incorrectly, the State may not be able to use it against you.
#5 – Challenge the breath test. In order to be able to ask for a breath test, the officer must have a reason to think you are impaired by alcohol. Before you take the test, the officer must read you the implied consent and observe a 20 minute observation period. Then a licensed operator must administer the test properly with an authorized machine. If any of these steps are not done properly, it can help your case.
#6 – Challenge the urine test. Urine tests are not always necessary. There are rules that tell an officer when it is proper to ask for a urine sample. A good attorney knows the rules. If the officer breaks the rules, then the attorney can ask the judge to throw out the results.
#7 – Challenge the blood results. Did a nurse or an officer take a blood sample from you? The Florida Supreme Court has ruled that your blood can only be taken under very specific circumstances. If your blood was not taken under an approved circumstance and in an approved manner, then the results can’t be used against you. If the blood results can’t be used, you may be able to beat your DUI charge.
By challenging all of the evidence that the State plans to use against you, a good attorney can help you beat your DUI case.