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How Law Enforcement Errors Can Lead to Dismissal of DUI Charges in Florida

by | Feb 6, 2024 | Dui

In Florida, facing DUI charges can be a daunting experience, given the stringent enforcement of DUI laws and the severe consequences that can ensue. The role of law enforcement in this process is pivotal, but not infallible. Errors during the arrest and evidence gathering can significantly affect the outcome of a DUI case. At Brunvand Wise, P.A., a premier Tampa, Florida criminal defense attorney firm, we specialize in identifying and leveraging such errors to defend our clients effectively.

Understanding the gravity of DUI charges is crucial. They can lead to hefty fines, jail time, and long-term impacts on driving privileges and criminal records. However, the procedural and human errors made by law enforcement during DUI arrests offer a potential avenue for defense. These mistakes can range from minor oversights to significant legal violations, all of which can influence the admissibility of evidence and the legality of the charge itself.

Common Law Enforcement Errors in DUI Cases

Several common errors can occur during DUI arrests, including unlawful traffic stops, improper administration of field sobriety tests, issues with breathalyzer and other chemical tests, violation of Miranda rights, and mishandling of evidence. Each of these errors can provide a basis for challenging DUI charges.

Unlawful Traffic Stops

For a traffic stop to be lawful in Florida, law enforcement must have reasonable suspicion of a violation. Stops based on non-specific reasoning or profiling are unlawful and can lead to the dismissal of evidence obtained during the stop.

Improper Administration of Field Sobriety Tests

Field sobriety tests must follow standardized procedures. Errors in administration or interpretation can render the results unreliable and inadmissible.

Issues with Breathalyzer and Other Chemical Tests

Breathalyzers require regular calibration and maintenance. Failure to adhere to these requirements can compromise the integrity of the test results. Similarly, protocol violations in administering chemical tests can lead to the exclusion of test results from evidence.

Violation of Miranda Rights

Miranda rights must be read to a suspect when in custody and before interrogation. Failure to administer these rights properly can result in self-incriminating statements being deemed inadmissible.

Improper Handling of Evidence

Maintaining an unbroken chain of custody for evidence is critical. Gaps or irregularities can question the evidence’s integrity and lead to its exclusion.

Leveraging Errors for Defense

At Brunvand Wise, P.A., our approach involves a thorough examination of the circumstances surrounding each DUI arrest. Identifying law enforcement errors is a key part of our strategy. By challenging the admissibility of evidence and the actions of arresting officers, we can often negotiate reduced penalties or achieve a dismissal of charges.

Building a Strong Defense Strategy

A strong defense strategy hinges on a comprehensive understanding of Florida DUI law and the specifics of law enforcement procedures. Our attorneys are skilled in analyzing arrest reports, scrutinizing the administration of sobriety tests, and challenging the credibility of law enforcement to protect our clients’ rights.

The Importance of Experienced Legal Representation

Navigating the complexities of DUI charges in Florida requires experienced legal representation. At Brunvand Wise, P.A., we are dedicated to providing our clients with the defense they need to address the charges they face. By focusing on law enforcement errors, we not only safeguard our clients’ rights but also enhance their chances of a favorable outcome.

Facing DUI charges in Florida is a serious matter. With Brunvand Wise, P.A., you have a team of experienced Tampa, Florida criminal defense attorneys ready to defend your rights and challenge the prosecution’s case at every turn. Contact us to learn how we can help you navigate the complexities of the legal system and fight for the best possible outcome in your case.


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