Being arrested for a DUI can be a very difficult experience: first the officer stops your vehicle, then questions you about your drinking history, has you perform field sobriety exercises then tells you that you have failed and are under arrest. As if that wasn’t bad enough, your car is towed and you’re told that you can either blow into a breathalyzer or suffer a minimum of a one year loss of your privilege to drive. If that nightmare sounds familiar, you are not alone - there were 34,638 convictions for DUI in the State of Florida last year.

When a DUI arrest threatens your Driver’s License, record, and freedom, you owe it to yourself to select an experienced attorney to aggressively fight for you. Adamy Law Firm has the experience and knowledge that can help you understand the DUI process and what you can expect during your DUI trial. This knowledge can help you from making costly mistakes that will lead to an unnecessary DUI conviction.

Two ways the STATE OF FLORIDA can convict a person of a DUI:

Most DUI cases in the State of Florida hinge on 4 critical pieces of evidence.

1) THE DUI STOP
It is illegal in the State of Florida to stop a driver of an automobile unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated.
Weaving inside the lanes of traffic is not illegal in the State of Florida thus a vehicle cannot be stopped solely for this reason. At Adamy Law Firm our skilled attorneys understand the law and will use every loophole to your advantage. Bottom line is if the stop is bad it doesn’t matter if you blew a .25 -- your Case can be DISMISSED! Without an aggressive, competent DUI attorney the State Attorney will never dismiss the case.

2) THE FIELD SOBRIETY TESTS
In 90% of FLORIDA DUI cases the police use Field Sobriety Tests as the primary indicator of impairment to determine whether or not a person will be arrested for DUI. Standard field sobriety testing in Florida is inaccurate. In healthy individuals, the one leg stand test is only 65% accurate, and the walk and turn is only 68% accurate in determining if a person is a DUI. Persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. Below is a list of other factors that can lead to mistaken interpretation of impairment:


3) THE BREATH TEST
Breath testing in Florida is inaccurate. All experts concede that one breath test alone is unreliable. It has been proven that breath testing is subject to as much as a +/- 12.5 %, non specificity for ethanol. An improper breath test can result in the Trial Judge not allowing the State Attorney to use the results as evidence of impairment at your trial. Once the breath test is suppressed it is extremely difficult for the State to convict you of a DUI. Below is a list of some of the ways we can get your breath result suppressed:


4) THE VIDEO TAPE AND POLICE REPORTS
We always order a copy of the roadside and booking room video tapes if they are available. Many times the video tapes help us prove that our client is actually sober. The video tape can help us prove that the police officer did not have probable cause to make the DUI stop. We check the police report with the video to find inconsistencies on important DUI issues that help attack the credibility of the police officer. Many times the entire case depends on the video and the police reports. If these can be successfully attacked you have a better chance at obtaining a favorable result. Below is a list of some of the important things we look for on your video and police report:

Ignition Interlock is a device installed in a motor vehicle, which prevents the ignition from starting unless the driver blows a breath sample into the device. If the alcohol concentration of the breath sample exceeds 0.05, the motor vehicle engine will not start.

Requirements:
Section 316.193, Florida Statutes, requires ignition interlock devices to be installed on the vehicles of persons convicted of DUI. The ignition interlock program began July 1, 2003, but affects anyone convicted of DUI after July 1, 2003 upon eligibility of reinstatement for driver license.

A person convicted of DUI who applies to the Division of Driver Licenses for driver license reinstatement will be directed to an ignition interlock provider. The ignition interlock device must be installed on the vehicle prior to receiving a license.

Costs to the Defendant:
The average cost to the convicted person for installation of an ignition interlock device is $70.00 and for monthly monitoring and calibration is $65.00-$75.00

Based on my 10 years of DUI practice, I have compiled a list of 25 Ways to Beat a Florida DUI. Please review the list and if you have any of the same facts in your case contact our office for a free consultation. We can determine if we can use these issues to exploit the States case -- giving you a better chance of avoiding a DUI conviction. Here is the list:

The DUI Stop Issues

1.WEAVING INSIDE YOUR LANE OF TRAVEL - weaving without actually crossing any lanes of travel is not a valid reason to stop a vehicle.
2.ILLLEGAL STOP OF DRIVER - a driver in Florida can not be stopped unless the officer has a reasonable articulate suspicion that a traffic law or other law has been violated.
3.FAILURE TO MIRANDIZE IN FLORIDA – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda warnings
4.ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or portable cause. Any evidence illegally obtained is not admissible in court.

The Field Sobriety Tests & Breath Tests Issues

5.DUI FIELD SOBRIETY TESTING IS INACCURATE- the one leg stand test is only 65% accurate, and the walk and turn test is only 68% accurate in determining impairment.
6.DUI BREATH TESTING IS INACCURRATE - virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 12.5%, non-specificity for ethanol, etc.
7.DUI BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
8.DUI IN CAR VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
9.POLICE BLOOD TEST INACCURATE IN DUI CASES – Many times, police blood testing fails to follow prescribed rules of testing, analysis or preservation recommendations.
10.DUI BREATHALYZER MACHINE MALFUNTIONS – If there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
11.DUI BREATH TEST OPERATOR LICENSE EXPIRED – A Breath Test Operator must possess an unexpired operator’s license, or the breath test is inadmissible.
12.DUI FIELD SOBRIETY TESTING IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
13.DUI PORTABLE BREATH TEST INADMISSIBLE – Florida prohibits the use of portable breath testing results as evidence at trial in a DUI case.
14.FAILURE TO CONDUCT DUI TEST OBSERVATION PERIOD – Florida requires that a driver be observed continuously for a minimum period of twenty (20) minutes prior to a breath test for the results to be considered admissible and valid.
15.MEDICAL AND HEALTH PROBLEMS AFFECT DUI TEST RESULTS – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
16.INTERFERING SUBSTANCES IN DUI CASE – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
17.FORCED DUI BLOOD DRAWS – In Florida, police may not take a blood test against a driver’s consent where there has not been an injury involved, or the result is inadmissible.

Trial Court Issues

18.OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.
19.POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the breath or blood level of alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
20.PRIOR INCONSISTNET STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at pervious court proceedings may be used to attack that officer’s credibility.
21.PRIVATE PROBERY IN FLORIDA – A person who has not driven the car or on a public highway cannot be suspended for drunk driving.
22.STATUTES OF LIMITATIONS FOR DUI – A misdemeanor charge of DUI must be filed within a certain period of time of the date of offense or the charges will be dismissed outright
23.FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
24.FAILURE TO PROVIDE DISCOVERY TO DEFENSE – If the State Attorney’s Office fails to provide discovery to the Defendant that information may be deemed inadmissible in court making it difficult for the Sate to prove a charge of DUI.
25.FAILURE TO PROVIDE SPEEDY TRIAL IN FLORIDA – If a client is not provided with a trial within a certain period of time through delays of the court or State Attorney the charges must be dismissed.