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A glass of alcohol and handcuffs - The Law Office Of Michael D. BarberIn this article, you can discover:

When Reviewing Discovery In A DUI Case, What Will My Attorney Look For?

In a DUI case, a thorough review of the discovery is crucial due to the extensive body of case law surrounding these cases. Across the country, there have been countless DUI cases, with Florida alone accounting for thousands. Experienced attorneys have dedicated their careers to examining these cases, understanding the nuances, and knowing precisely what to seek. Here are the key aspects to focus on:

In essence, the discovery review process is about meticulously examining the details to uncover both evidence of innocence and potential law enforcement mistakes that can be strategically utilized to protect the client’s interests.

What Does The Prosecution Have To Prove For A DUI Conviction In Florida?

In Florida, the prosecution must establish specific elements in a DUI case to secure a conviction. These elements serve as a crucial checklist, each of which must be proven beyond a reasonable doubt. If any single element remains unproven, the defendant cannot be found guilty of the crime. Let’s delve into the key elements the State must demonstrate in a driving under the influence (DUI) case:

Physical Control of a Vehicle: The first element the prosecution must establish is that the defendant was in actual physical control of a vehicle. This means the person had some level of control over a vehicle, which could involve being behind the wheel or having access to the vehicle’s controls.

Impairment Due to Substances: The second element hinges on whether, while operating or in control of the vehicle, the defendant was under the influence of alcoholic beverages, chemical substances, or controlled substances to an extent that impaired their normal faculties. Alternatively, the State can also establish this element if the defendant’s blood or breath alcohol content was 0.08 grams or more.

Blood Alcohol Level: If the prosecution is using blood alcohol level as evidence, they need to prove that the defendant’s blood alcohol content was 0.08 grams or more per 100 milliliters of blood.

Breath Alcohol Limit: If breath alcohol content is being used, the requirement is 0.08 or more grams of alcohol per 210 liters of breath.

Enhanced DUI: In some cases, the prosecution may aim to prove an enhanced DUI, which involves a higher blood alcohol level, specifically 0.15 or more, instead of the standard 0.08. This constitutes a more severe offense.

Additional Enhancements: Depending on the circumstances, the prosecution might attempt to prove additional enhancements to escalate the severity of the DUI charge. These enhancements may include:

It’s essential to recognize that the specifics of a DUI case can vary, and the prosecution’s approach may change depending on whether they are pursuing any enhancements.

Are There Viable DUI Defenses Worth Pursuing?

Plausible defenses abound in DUI cases. Some of these defenses revolve around technicalities, as we’ve previously discussed. For instance, it’s not uncommon for officers to mishandle breathalyzer tests, leading to potential flaws in the results.

The breathalyzer machine, such as the InToxilyzer 8000, might not have been properly calibrated, possibly using contaminated alcohol samples or failing to calibrate within the required timeframe before obtaining samples. Additionally, if the breathalyzer results vary by more than 0.02, say from 0.12 to 0.07, this suggests unreliability, rendering the results inadmissible.

Eliminating these breathalyzer and InToxilyzer results can significantly bolster the defense’s position. Experienced attorneys explore avenues to challenge these results, either by scrutinizing the machine itself or identifying human errors in the process.

For example, did the officer adhere to the mandatory 20-minute observation period? Or in cases involving blood tests, did they follow the correct procedures? Was the defendant in a medical facility, making breath or urine tests impossible or impractical?

Other defenses revolve around the roadside investigation. If an officer claims a defendant appeared intoxicated but video evidence contradicts this, it provides a strong basis for attacking the DUI case. Factors like balance, speech, and demeanor come into play, offering ample opportunities for defense strategies.

Do Many People Believe Winning A DUI Case Is Impossible?

It’s challenging to determine whether the majority of people hold this belief. Undoubtedly, some do, but the notion is far from accurate. Competent criminal defense attorneys regularly secure favorable outcomes in DUI cases. Winning doesn’t solely mean securing a not guilty verdict at trial; it also encompasses negotiating with prosecutors to reduce charges or persuade them to drop the case entirely. Various approaches exist.

One of the most prevalent methods is through a motion to suppress evidence. This legal maneuver aims to exclude crucial evidence from the case. The argument often hinges on the lack of a traffic violation as a basis for the stop, or, if a valid stop occurred, the absence of reasonable suspicion for a DUI investigation.

Simply smelling alcohol is insufficient; additional indicators of impairment are required. Alternatively, if the judge finds reasonable suspicion, the defense can contest the existence of probable cause for the arrest. Skilled defense attorneys work diligently to weaken the prosecution’s case long before it reaches trial by seeking to exclude evidence.

For more information on Plausible Defenses To DUI Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.

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