Everyday there are driver's in Polk County and throughout Florida faced by the anxious moments of seeing flashing red lights in ones rearview mirror with the knowledge that the driver has been drinking. Many of those pulled over for DUI assume that it is inevitable they will be arrested and subsequently convicted. What many Polk County drivers do not realize is that a DUI arrest does not mean that a person will be convicted because there are many defenses that can lead to a reduction or dismissal of DUI charges.
An experienced DUI lawyer will investigate the experience, background and training of the officer as well as the officer's basis for the initial stop. A police officer in Polk County or elsewhere in Florida may not pull over a driver for DUI on a mere hunch. A driver may only be pulled over if the officer has a "reasonable suspicion" based on observed facts that a driver has committed a crime. Reasonable suspicion is similar to "probable cause" but is a lower standard and only justifies a brief stop to inquire of a driver.
If a Polk County officer stops you for a faulty taillight, for example, the initial stop may be legal, but a faulty taillight gives no basis for "reasonable suspicion" that a driver is driving under the influence of alcohol. If the officer does not observe obvious signs of alcohol, such as, the smell of alcohol on the driver's breath; bloodshot or watery eyes; slurred speech; or the like, the officer may not have a basis to conduct field sobriety tests. The driver should also avoid making incriminating statements like admitting to drinking to avoid providing the officer with a legitimate basis to conduct field sobriety testing.
If the officer were to conduct the field sobriety tests anyway, a qualified Polk County DUI attorney may be able to file a motion to suppress the field sobriety test results and any subsequently discovered evidence. If the officer lacked probable cause for the sobriety testing any subsequently discovered evidence might be excluded based on the "fruit of the poisonous tree" doctrine. This doctrine basically says that any evidence obtained as a result of prior discovered evidence that was obtained illegally is also deemed to be illegally obtained and excluded from the case.
An experienced DUI attorney may also show that even if the field sobriety and breathalyzer test results are not excluded that they are unreliable. Officers have very strict guidelines for conducting and scoring field sobriety tests. An experienced Polk County DUI lawyer can reveal to a jury that the officer did not follow the appropriate procedures or was biased in how he evaluated a driver's performance. An experienced DUI lawyer will also communicate to a jury the unnatural nature of the tasks performed and the high rate of drivers failing the test who do not have a blood alcohol level exceeding the legal limit of .08 under Florida DUI law.
A qualified DUI lawyer may also challenge the validity of breathalyzer results based on the machine not functioning properly or the timing of the test. In the final analysis, there are many basis for challenging a DUI stop and arrest so if a person is stopped or arrested for DUI, he or she should seek a qualified DUI lawyer because an arrest is not the same thing as a conviction.
