Possible Defenses to DUI
There are several possible defenses to DUI, including:
- Defendant was not driving or in control of the vehicle. To be convicted of DUI, the state must prove that a person was “driving or in actual physical control of a vehicle.” In some cases, an individual is arrested and charged with DUI even though they had no intention of driving. If it can be proven that a person had no intention of driving, it may be possible to defeat a DUI charge.
- Breathalyzer error. Many people often erroneously assume that when the prosecution has evidence of a positive breathalyzer test that it is an open-and-shut case. But this isn’t necessarily the case. Breathalyzers can be wrong for a number of reasons, including equipment malfunction, electro-magnetic interference, and police officer misuse. People with certain health conditions or that have been exposed to certain chemicals can also sometimes blow a false-positive.
- Mistaken officer observations. An officer’s observation that a person is intoxicated is subjective. Officer observations should always be questioned and scrutinized. In some cases, other evidence indicating sobriety can be used to contradict what an officer claims happened. In other cases, a person may have a health condition that an officer mistakes for intoxication.
- No probable cause. Under the Fourth Amendment of the United States Constitution, police officers can only detain and arrest a person for DUI when they have probable cause that the person is intoxicated. If the Fourth Amendment has been violated, a charge should be thrown out.
To Discuss Your Case, Contact Jessica Damoth, P.A. Today
Daytona Beach DUI attorney Jessica Damoth has practiced law in Florida since 2004, and has been focused on defending Florida residents form traffic offenses. Jessica is admitted to practice in all Florida state courts, and handles DUI cases throughout the Daytona Beach area. Jessica also handles cases for clients that have been convicted of DUI and are facing probation violation charges.
Attorney Jessica Damoth offers free consultations and works hard to get the best possible outcome for each of her DUI clients. If you have been charged with DUI, contact Jessica Damoth, P.A., to schedule your free consultation today at (386) 846-6043.