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Common DUI Defenses and When to Use Them


When you’re arrested for a DUI (driving under the influence) in Florida, you’ll need to fight back to avoid serious consequences. A DUI is a major offense, and you could lose your license for some time, along with receiving heavy fines, possible jail time, and an ignition interlock device.

Defending yourself in court can help you increase your chances of getting your DUI dismissed, but first you’ll need to know some common DUI defenses and when to use them. The most appropriate option will depend on your situation, so you and your lawyer may need to focus on what happened first in your particular drunk driving case.

Inaccurate Field Sobriety Tests

In some cases, you might have had a drink, but you shouldn’t have been over the limit by the time you were heading home. You were stopped on the way, however, and the field sobriety test said you were over the legal limit.

However, these sobriety tests aren’t always completely accurate. Some experts have criticized the machines for false positives when other methods can also test impairment. In these cases, you may need to bring in an expert witness who can attest that these drunk driving tests can be inaccurate.

Typically, you may want to use this defense if you believe you weren’t over the legal limit. You didn’t feel impaired, and you believe that you didn’t drink as much as the machine suggested. Further tests at the station could help support this defense.

Driving under Duress

Unfortunately, you might have had no choice in the matter. You had to drive, even if you were drunk, and you were pulled over for it. If you didn’t want to drive but were forced to, you might have a chance to get your case dismissed.

For example, you might have been in a situation where someone was forcing you to drive while intoxicated. They needed to go somewhere, and they threatened you to get their way. In these cases, you and your lawyer will focus on proving that the other person forced you to drive despite your being impaired.

Or perhaps someone might have been hurt, and calling an ambulance wasn’t an option. While most of us now always have smartphones on us, there are times when our phones are dead or we’re too far away from any towers and unable to call for help. You may have had to drive into town because it was an emergency, not because you were intentionally reckless.  

Contact a DUI Lawyer for Your Appropriate Defense

Unfortunately, a DUI can be costly, and it can be difficult to prove that you didn’t intentionally endanger anyone. So, before your day in court, you’ll need to know two things: common DUI defenses in Florida and when to use them.

At Hersem Law, we understand how tough it can be to find the right defense for your drunk driving case. Fortunately, we can help you determine the best options for your case and fight to get your DUI dismissed. Get started with a free strategy session, and our attorneys will show you how we can help before you begin.

To get started, reach out by calling 813-251-7291 or by completing the online form below.