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How Does a DUI Case Get Thrown Out of Court?

a judge's gavel and a glass of wine next to a car keys

The legal DUI limits in Florida are 0.08 percent for most drivers ages 21 and older, 0.02 percent for drivers under the age of 21, and 0.04 percent for commercial drivers.

Being found guilty or convicted of a DUI in Florida can have serious legal and personal consequences, including heavy fines, loss of employment, limited job prospects, and even jail time. However, some DUI cases are thrown out when people’s constitutional rights are violated at a traffic stop, or when other serious violations occur.

If you have been charged with a Florida DUI, you need an experienced criminal defense attorney in your corner representing you every step of the way. The knowledgeable DUI defense lawyers at Khonsari Law Group can meet with you to discuss your charge and may be able to help you formulate a good legal defense to help you beat your charge in court.

Challenging a DUI Charge

The first step to getting a DUI case thrown out in court is to challenge the charge. You challenge a DUI charge by raising a valid legal defense. You can challenge a Florida DUI charge on constitutional, legal, or administrative grounds. The St. Petersburg DUI defense lawyers at Khonsari Law Group may be able to raise some or all of the following legal defenses on your behalf:

  • Illegal traffic stop. A criminal defense attorney may be able to contest the traffic stop if the condition of the testing instruments (i.e. the breathalyzer testing equipment) is questionable.
  • Improper field sobriety test. You may be able to challenge a field sobriety test if you have certain physical disabilities or limitations, such as a bad back or bad knees, which could have affected your ability to perform the field sobriety test properly. If the officer failed to consider your physical condition, the evidence obtained during a field sobriety test could be suppressed.     
  • Improper breathalyzer test. Although Breathalyzer machines are supposed to be very carefully maintained, that does not always happen. If you can prove that the machine was not properly maintained, that fact could be used as a basis for suppressing damaging breathalyzer evidence obtained during the traffic stop. Moreover, if the police officer who stopped you failed to follow the proper protocol when administering the breathalyzer test, then the evidence obtained may be suppressed.
  • Challenging the traffic stop. In order for the evidence obtained during a traffic stop to be deemed legally admissible, the stop itself must have been proper. In order for an officer to legally pull over a vehicle, he or she must first have reasonable suspicion to believe that criminal activity is afoot. This suspicion could result from something as a simple as failing to use a turn signal, speeding, or running a stop sign. However, if the officer engaged in a random traffic stop without any basis, whatsoever, for pulling the vehicle over, then any evidence obtained during the stop could be suppressed.

Call a St. Petersburg DUI Defense Attorney Today

If you have been charged with a Florida DUI, you need experienced legal representation on your side throughout your case. The criminal defense lawyers at Khonsari Law Group can review your case with you and may be able to help you obtain a dismissal or a favorable plea deal with the State.

To schedule a free consultation and case evaluation with a St. Petersburg, Florida DUI defense lawyer, please call us at (727) 269-5300 or contact us online.

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