Florida DUI Defenses – Orlando DUI Attorney

Each DUI Case is unique and needs to be fully investigated for every possible defense. Even in DUI cases where the evidence of guilt is overwhelming, a properly prepared defense can result in significant reductions in penalties the Defendant receives. The following list contains some of the Florida DUI defenses that may exist in your case.

Suppression of Evidence:

In many cases, evidence may be suppressed due to improper search and seizures. This means that the evidence would not be able to be used against the defendant at trial making it difficult or in some cases impossible for the State to prove their case.

Suppression of Statements:

In many cases, due to a lack of Miranda warnings or improper interrogations techniques, statements of the Defendant may be suppressed. In some cases, suppression of the defendant’s confession or statements could be the difference between them being found guilty or not guilty.

Physical Evidence:

This type of evidence may involve things such as video, photographs, tire tracks, receipts, etc. There are a number of defenses which may exist regarding physical evidence collected by law enforcement in a case. For example:

1) The evidence collected not being consistent with the crime charged. Such as Injuries or the lack of injuries which are inconsistent with the alleged actions in the case.

2) Improper procedures used in the collection of the evidence.

3) Improper testing or handling of physical evidence.

4) In a DUI case, whether there were any problems with the calibrations and/or maintenance of the Intoxilyzer breath test instrument.

5) An inability on the part of law enforcement to establish proper chain of custody of physical evidence to ensure that it wasn’t tampered with.

Testimonial Evidence:

This type of evidence involves the statements of any victims, witnesses and police officers in relation to the crime. There are a number of defenses which may exist regarding any testimonial evidence in a case. For example:

1) Contradictions between the victim, witnesses or officers version of events.

2) Multiple statements by the same victim, witness or officer which don’t match or contradict the other previous statements. In many cases contradictions may exist between the officers testimony and what they wrote in their police reports.

3) A lack of credibility of the victim, witnesses or officers involved, including any motives to fabricate their stories.

4) The mental state of any victim, witnesses or officer.

5) Whether any statements of the State or Defense witnesses were coerced.

6) Tainted identifications or photo lineups.

7) Unavailability of State witnesses necessary to prove the offense.

Inadequate Investigation or Improper Police Work:

Many times law enforcement will not thoroughly investigate a case or they may conduct improper investigations which may result in a number of defenses in a case. For example:

1) Evidence not collected or tested by law enforcement that might have provided information as to the defendant’s innocence.

2) Any exculpatory evidence that was destroyed by law enforcement.

3) The officers lack of experience or training.

4) The adequacy or overall time spent by the officers on their investigation before reaching their conclusions as to the accused guilt.

5) Whether the accused was entrapped by law enforcement into committing a crime they would not have otherwise committed.

The Defendant’s Evidence:

In some cases, the Defendant may be able to provide evidence or defenses which help show their innocence or weaken the States case against them. For example:

1) Alibi evidence that would contradict the State’s case.

2) Any defense witnesses that may contradict the States version of events in the case.

3) The mental state of the accused at the time the crime was committed.

5) Whether the defendant had any physical or medical conditions that may have affected them or their performance or results on any tests

6) In a DUI case, whether there were any weather, lighting, road, or mechanical conditions of the vehicle that would affect the accused driving ability.

7) In a DUI case, whether the condition of the ground surface or surrounding environment would affect the performance of the Field Sobriety Exercises.

Time Limitations:

In some cases, the State may be barred from pursuing the defendant for the crime. For Example:

1) The expiration of the Statute of Limitations for the crime charged.

2) The expiration of the speedy trial time from the date of arrest.

Note: It is the State Attorney’s Office burden to establish and prove each and every element of the crime charged by either physical or testimonial evidence beyond a reasonable doubt. In many cases, a good defense can make it difficult or impossible for the State to establish the defendant’s guilt.

Some of the following Florida Statutes may or will also be relevant:

Florida Statute 775.051 – Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.
Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.

Florida Statute 775.027 – Insanity defense.
1) AFFIRMATIVE DEFENSE. All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when:

(a) The defendant had a mental infirmity, disease, or defect; and

(b) Because of this condition, the defendant:

1. Did not know what he or she was doing or its consequences; or

2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.

Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.

(2) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear

Florida Statute 777.201 – Entrapment.
(1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
(2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.

Florida DUI Statutes:

Florida Statute 316.193 – Driving under the influence; penalties.
Florida Statute 316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
Florida Statute 316.1933 – Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
Florida Statute 316.1934 – Presumption of impairment; testing methods.
Florida Statute 322.2615 – Suspension of license; right to review.
Florida Statute 322.2616 – Suspension of license; persons under 21 years of age; right to review.

Additional Florida Criminal Law Statutes

Orlando DUI Attorney Services:

Speak with a Orlando DUI attorney and review our website for more information on Driving Under the Influence and other Florida criminal offenses:

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