Can I fight a DUI in Florida if I was over the BAC limit?

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Question:

Can I fight a DUI in Florida if I was over the BAC limit?

Answer:

Yes, even if the breathalyzer test showed that you were over the Blood Alcohol Limit (BAC) you should talk to an attorney and plan to vigorously defend yourself against a Florida DUI conviction. If you are convicted of DUI, that fact can become a permanent part of your criminal and driving record. Imagine having to disclose the conviction for the rest of your life every time you fill out a new job application.

A defense attorney who specializes in defending people charged with DUI will use a well planned strategy and tactics that you probably never even considered. Even if your BAC was over the limit, your defense attorney will examine all of the other circumstances surrounding your case such as:

  • Whether you were lawfully stopped and detained.
  • Whether all the proper procedures carried out when you were asked to submit to a field sobriety test.
  • If the field sobriety test was interpreted correctly, or where there other plausible explanations for your performance in the tests.
  • Were you asked incriminating questions before being advised of your Miranda rights?
  • Was the breathalyzer machine itself properly calibrated and operated?
  • Do any video tapes show inconsistencies from the police reports?

A defense attorney can examine the arrest records to see if you were under observation for the required amount of time before the administration of the breathalyzer. They can question how the field sobriety tests were conducted and interpreted.

If you have been arrested for DUI in Florida, contact a DUI defense attorney as soon as possible. Let them review the facts in your case and explain what your best defense options are given the evidence and circumstances. If you don't fight the DUI you will have no choice but to deal with all the consequences of a DUI conviction, but with a savvy defense attorney fighting for you you may be able to avoid a DUI conviction.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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