Understanding Dui Stops In Florida

A DUI case has four major phases

A DUI case has four major phases. The initial DUI stop, detention, arrest and breath, blood and/or urine test. I will discuss each of the phases one at a time. I will briefly describe the phases and give some brief tips to improve the outcome of the case for you. The steps you take during each phase can have a dramatic impact on your case.

The initial phase is the traffic stop. This is a heavily litigated area because if it is an illegal stop your case is going away. Suppressing the stop is like cutting the head off of a snake. Suppressing the breath test is like cutting the tail off. There are several things you can do to reduce the risk of a traffic stop:

1. Make sure all your lights are working

2. Do not speed

3. Do not drive below the posted minimum

Speeding stops are difficult to suppress. Probably half of my DUI clients come from equipment issues like license plate lights and headlights not working. Many of the rest come from speeding. Some of the common remaining stops come from weaving, crossing the center line, careless driving and illegal u-turns. Driving pattern stops like wide turns, u-turns and failing to maintain a single lane, can be challenged and have their own specific requirements.

Crash cases can also be challenged and can be more difficult to prosecute. The accident report privilege can create proof issues. however, the accident report privilege is waived in leaving the scene of an accident in DUI cases. If you are involved in an accident do NOT leave the scene. Your best opportunity to minimize the effects starts by remaining at the accident.

If you are going to a bar or liquor store make sure your lights are working because police are looking for easy stops in those areas. These can be difficult stops for a DUI attorney to contest but they are also preventable. If the stop is not suppressed the case is not over but it is one of the easier challenges for a DUI attorney to win. Driving pattern stops are much easier to defend in DUI cases. The average DUI conviction will cost over $5,000 without attorney's fees. A tag light costs around $1.

If the stop is valid many other areas can be challenged. Contact an experienced DUI Attorney to understand your situation and discuss your options.

by: Kevin Pitts

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