Do DUI Charges Get Dropped?

June 4, 2024 Criminal Defense, Drunk Driving/DUI

When is a dui a felony in Florida?

DUI charges in Florida can be dropped, though it’s not guaranteed. Here’s a breakdown of situations where dismissal might be achievable in the event you hire an experienced DUI defense attorney.

Errors by Law Enforcement

  • Improper Stop: If the police officer lacked a valid reason to pull you over, the entire case could be thrown out. Examples include broken tail lights not justifying a stop or an officer acting on a hunch rather than concrete evidence.
  • Faulty Field Sobriety Tests (FSTs): These tasks (not tests) have limitations. Improper administration or failure to consider mitigating factors like fatigue or medical conditions could lead to a challenge or in some cases exclusion of the tasks and subjective results..
  • Miranda Warning Violations: Police are required to inform you of your Miranda rights (right to silence and right to an attorney) during an arrest. A violation could make your statements inadmissible, potentially weakening the prosecution’s case.  You may also fall under the “Accident Report Privilege” in Florida which makes certain statements inadmissible.
  • Breathalyzer Issues: Breathalyzer machines require regular calibration and maintenance. Inaccurate results due to malfunction or improper upkeep might lead to dismissal of the charges, especially if your lawyer can provide evidence of the device’s issues.

Negotiation with the Prosecutor

  • Reduced Charges: Depending on the case’s severity and mitigating factors (no injuries, low BAC), your lawyer might negotiate with the prosecutor for a lesser charge like reckless driving. This carries lower penalties than a DUI.
  • Pretrial Diversion Programs: Florida offers pretrial diversion programs for first-time offenders. Completing such a program, which might involve DUI education and rehabilitation, could result in the charges being dismissed.

Mitigating Circumstances

  • Medical Conditions: Certain medical conditions can mimic signs of intoxication. A doctor’s report explaining a medical reason for your behavior could raise doubt about the DUI accusation, potentially leading to dismissal.
  • False Accusations: While less common, false DUI accusations can happen. Your lawyer will investigate the details and potentially find evidence that exonerates you.

Importance of a DUI Attorney

An experienced DUI defense attorney in Florida plays a crucial role in achieving a charge dismissal. They can:

  • Identify Procedural Errors: Your lawyer will meticulously scrutinize the details of your arrest and identify any potential missteps by law enforcement that could lead to dismissal.
  • Gather Evidence: They can collect evidence that weakens the prosecution’s case, such as witness testimonies or documentation of breathalyzer malfunctions.
  • Negotiate Effectively: Experienced DUI attorneys understand Florida’s legal landscape and can negotiate effectively with the prosecutor to pursue dismissal or a favorable plea bargain.

Things to Remember

  • Be Polite but Remain Silent: Even if you’re unsure of your options, request an attorney before making any statements. Not exercising your rights can significantly weaken your case.
  • Seek Legal Counsel Immediately: The sooner you contact an experienced, trusted Tallahassee DUI defense attorney, the sooner they can start building a defense strategy.
  • Charge Dismissal or Reduction: There are never any guarantees. While dismissal may be a possibility, it depends heavily on your specific circumstances and the effectiveness of your legal representation.

Experienced DUI Defense Attorney in Tallahassee, Florida

Being arrested in Florida can be extremely stressful. Being charged and “formally charged” by information in Tallahassee or Leon County, Wakulla County, Jefferson County, Gadsden County , Quincy, Crawfordville, Florida State University, Tallahassee Community College, or Florida A&M University can be life changing. Given the possibility of a lengthy jail or prison sentence and hefty financial penalties, it is important to contact an aggressive, trusted and experienced Tallahassee criminal defense attorney as soon as possible.

Don Pumphrey, Jr. and the attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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