Imagine this scenario: You’re driving along I-75 or along the River District in downtown Fort Myers when all of a sudden, you see blue and red flashing lights in your review mirror. Your first reaction is to tense up and wait to see if the police car is going to pass. If they don’t and call out for you to pull over, it can be for a wide range of possible offenses.
You need to know that police are not allowed to randomly pull over drivers “just because.” They need reasonable suspicion. That suspicion can lead to probable cause, a search, and then an arrest.
That’s when you need to get a skilled Fort Myers DUI lawyer involved in your case.
The attorneys at Titan Law bring years of combined experience putting up strong defenses for clients who find themselves on the wrong end of a DUI arrest. We have a proven record of success when it comes to helping clients get a DUI dismissed. That enables you to get your life back on track.
Here are the steps we can take to help get a DUI dismissed:
Step 1: Challenge the Traffic Stop
Just because a police officer claims to have a reason for pulling you over doesn’t automatically make it a legitimate reason. A police officer’s reasonable suspicion can be based on observing you slowing down or drifting across a lane divider. That doesn’t automatically mean a DUI. It could mean there was an unlawful traffic stop.
Your DUI attorney can challenge a traffic stop by reviewing police officer dashcam footage along with witness statements. The police officer’s report will also be scrutinized to determine if the original reasonable suspicion was justified.
Step 2: Dispute the Field Sobriety Test
A police officer administers field Sobriety Tests (FSTs) to check your balance and coordination.
Based on the results of an FST, you could be required to submit to a blood test. However, if the results of the Field Sobriety Test are called into question, any subsequent test or search could be excluded.
Those results could be questioned if they were conducted on uneven surfaces or slippery roads.
Step 3: Dispute Breathalyzer & DUI Blood Tests
A police officer can administer a breathalyzer test on the road when they pull you over. If that test shows .08% blood alcohol content (BAC), you would be considered legally intoxicated.
However, a breathalyzer can have a .01% margin of error, either higher or lower. That could mean you register .08%, but it might be .07%. That is not the legal limit. There are also certain mouthwashes or medical conditions that can simulate alcohol-like compounds. Those can also trigger a false BAC result.
If you submit to a blood test, it has to be administered by a certified phlebotomist or at a hospital. Submitting to a blood test is considered part of the implied consent agreement you accept when you obtain your driver’s license.
Chain of custody issues with a blood test can also be challenged.
Step 4. Review Your Rights
If circumstances dictate that you are placed under arrest at the scene, you are supposed to have your Miranda rights read to you. Failure to do so is considered a procedural violation. There can also be issues with conducting an illegal search of your car.
If your attorney can establish that your rights were violated at any point during the process, the entire charge can be dismissed.
Discuss Your Options
Your DUI arrest can be extremely upsetting and cause a lot of stress. You can find a measure of calm by getting your questions answered by the attorneys at Titan Law. We have a deep knowledge of all the DUI procedure laws. We also have the investigative skills to help gather evidence and form a strong defense for our clients.
You don’t want to let a DUI arrest ruin your life. Call to get answers and to discuss your options.
