There are a number of areas to focus on in a DUI case than can lead to a reduced charge or case dismissal. These issues may jump out at some point in the chronology of the DUI stop and eventual arrest.
When I meet with clients, I always consider specific questions about each critical stage of the DUI arrest. Some of these issues include:
- Can the initial traffic stop, welfare check, citizen encounter, or police interaction be suppressed because it was illegal? Did the police officer have any legal basis to stop the individual?
- Did the defendant have actual physical control of the vehicle at the time of the stop? Did the police officer witness the defendant behind the wheel?
- Was the defendant driving because of an emergency or necessity?
- Did the defendant have a medical or physical condition that would prevent them from performing field sobriety tests?
- Was there a roadside breath test? Did law enforcement follow all of the administrative requirements for in-house breath testing? Was the Intoxilyzer machine calibrated, tested, inspected, and functioning properly at the time of the defendant’s breath test?
- Did the defendant refuse to give a breath sample?
- If the defendant submitted to a breath, blood, or urine test; did the police officer unlawfully coerce them into doing it?
- Is video evidence available that could negate the officer’s basis for forming probable cause for the arrest?
If you need to get a DUI charge reduced or dismissed in Fort Walton Beach, Destin or elsewhere in Okaloosa County or Walton County, make sure you speak with a attorney that has a track-record of doing just that.
I’ve successfully done this many times…..so call me at (850) 362-6655.