Are there any legal defenses available to fight a DUI charge?

Yes, there are legal defenses available to fight a DUI charge in Florida. One defense is to challenge the validity of the breathalyzer test. Breathalyzer machines, while generally accurate, can fail in certain cases. For example, if the machine is not properly calibrated or is defective, a person might be able to challenge the results of the breathalyzer test. Additionally, law enforcement personnel must follow certain procedures for administering the test and if they do not, the results can be challenged. Another defense is to argue that the arresting officer did not have probable cause to make the DUI stop in the first place. Law enforcement officers must have reasonable grounds to believe that a person is driving under the influence before they can pull them over. This means that if the officer did not have reasonable grounds and stopped the driver anyway, this could be used as a defense. In some cases, it is also possible to challenge the sufficiency of the evidence presented. In a DUI case, the prosecution must prove that a person was driving under the influence beyond a reasonable doubt. If the evidence presented by the prosecution is lacking, a defense attorney might be able to argue that the prosecution was unable to prove the defendant’s guilt beyond a reasonable doubt. Finally, in some extreme cases, a person can argue that they were not in control of the vehicle or that their vehicle was stolen and they were unaware of the fact that the car was being driven while under the influence. However, this defense is rarely successful. Overall, while it can be difficult to fight a DUI charge, there are several legal defenses that a person charged with a DUI in Florida can use in order to challenge their conviction.

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