Miami DUI Defense Strategies

Miami DUI Lawyer Creates Strategic Defenses For Each Client

At Jonathan B. Blecher, P.A., I have been able to secure positive outcomes for my clients in even the most complex of cases. For example, I have worked hard to see my clients get through their DUI convictions by pushing for DUI Diversion Programs, even in cases in which it seemed as though my clients could never be eligible for the program.

By developing a creative and effective legal strategy, I was able to successfully secure participation in diversion programs even in cases of automobile accidents with police cars, excessive points on a record, high breath test results, and drug possession charges. Such accomplishments are by no means easy feats, but as a Miami DUI attorney who is dedicated to the best interest of my clients, I believe in the need to keep a record clean at all costs.

Types Of Defenses Against DUI Allegations

As a former prosecutor, I know that it is the prosecution’s job to prove your guilt beyond a reasonable doubt. Because the prosecution has the burden of proving guilt, I can analyze the entirety of a case as it is: your side of the story, all pieces of evidence, and any key details that compromise the validity of the prosecution or law enforcement officer’s claims. Effective defenses can include the following:

• Blood alcohol content (BAC) at the time of driving, or “retrograde extrapolation” – This defense forces the prosecution to try to prove your BAC at the time that you were driving. Your breath or blood test result reading an hour or two later may not be what establishes a DUI conviction. Because BAC can be influenced by food, water, body metabolism, or how much you drank, the state may have a very difficult time trying to actually prove that your BAC was an illegal amount.
• Noncompliance with the Florida Department of Law Enforcement (FDLE) standards – The FDLE requires that officers must follow strict procedures before and after administering any chemical test. Failure to adhere to standards could result in a motion to suppress evidence based on non-compliance with regulations.
• The Confusion Doctrine – If an officer mixes up the order in which the Miranda rights and implied consent warnings are read to an arrestee, you may win a motion to suppress the evidence of a chemical test or any refusal to submit to the chemical test.
• Miranda rights – Officers must read Miranda warnings, or your constitutional rights to remain silent and not self-incriminate, in every DUI arrest. If an officer fails to honor your right to silence, you could have grounds to challenge your statements’ admissibility.
• Implied consent warnings – As a Florida driver, you are bound by implied consent laws to submit to a chemical test when asked to do so by an officer. In cases in which an officer does not have probable cause to ask for a chemical test, the evidence gathered against you can be inadmissible in court. Watch Video
• Violation of the 20-minute observation period – FDLE standards require an officer to observe you for 20 minutes prior to administering a breath test and be reasonably certain that you didn’t regurgitate. If an officer fails to honor this period, test evidence may be suppressed in court.
• Actual physical control – Many times, the prosecution and key witnesses cannot even prove that
  you were in control of a vehicle during a DUI accident.
• Motion to exclude horizontal gaze nystagmus (HGN) test – Florida law requires a blood, breath, or urine test to accompany an eye test. If an officer failed to acquire a chemical test to accompany an eye test, any evidence against you could be inadmissible in court.
• Motion to suppress blood test results – Florida law prohibits officers from taking blood unless there has been a serious injury, death, or probable cause to believe you were operating a vehicle under the influence. If reasonable cause cannot be proven, the evidence against you can be suppressed in court.
• Illegal stop – Officers must have reasonable suspicion to stop your vehicle. Failure to show reasonable cause could result in any evidence gathered from an unlawful stop being dismissed.

Employing the right defense at the right time and in the right circumstances can be pivotal to a DUI case. Only an experienced Miami DUI lawyer can determine which defenses can yield the most effective result for your current circumstances.

DUI Evidence Can Be Challenged

DUI cases are among the toughest areas of law because they require knowledge of science and law and demand an understanding of how the two areas affect one another. Just because a breath test determined that your BAC was above the legal limit does not mean that you will be convicted of a DUI offense. It is the job of the prosecutor to prove your guilt beyond a reasonable doubt, but with the help of an experienced DUI defense attorney in Miami, your legal representative can effectively challenge the validity and admissibility of any evidence brought against you.