A DUI case in Florida is a chain of steps, and each one has to be done right for the state’s evidence to come in. The officer needs a lawful reason to stop the car, then probable cause to arrest, then a breath test run under rules set by the Florida Department of Law Enforcement. DUI defenses work by finding the link in that chain that didn’t hold. At J. MacGyver Law in Sarasota, the first thing we do with any file is lay the chain out in order and test each link.
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Key Takeaways
- A DUI case is a chain of steps, and each one has to be done right.
- Most challenges fall into five groups that follow the order of events.
- The right defense depends on the evidence in your case.
- Our attorney spent three years as a prosecutor in Pinellas County.
Which DUI Defenses Come Up Most Often?
Most challenges fall into five groups, and they line up with the order of events.Blood cases add another layer. Florida limits when officers can draw blood for a DUI, and the sample has to be drawn by qualified staff and stored correctly. A gap in the chain of custody, or a draw that didn’t meet the statute, can become its own challenge.
Not every case has a weak link. Some files are clean. Part of a defense lawyer’s job is telling you honestly which kind of file you have.
How Does a Defense Lawyer Pick the Right One?
The right defense comes from the evidence, and the evidence lives in places most people never see. We request dash and body camera video, the officer’s report and probable cause affidavit, the breath test affidavit, the agency inspection reports for the specific Intoxilyzer 8000 used, and the jail’s observation log. Then we compare them. A report that says “weaving” next to a video that shows steady driving is a different case than the report alone suggests.
Walking Through a Defense Decision
Here’s how a choice between DUI defenses usually gets made.
Take a Common Set of Facts
The report says the driver made a wide turn. The walk-and-turn and one-leg stand happen in a parking lot, and the breath readings come in just over the limit.
We Start with the Stop
A wide turn can be a traffic violation, depending on the lane markings. The video shows the turn. If it’s clearly within the lane, the stop may be challenged with a motion to suppress. If it’s borderline, that motion becomes a long shot.
Next Is the Roadside
Standardized field sobriety exercises are supposed to be done on a flat, dry, well-lit surface. If the parking lot has cracked pavement or a slope, the officer’s scoring loses weight. We’d also check whether the driver was asked about injuries, footwear or medical conditions before the exercises started. Field exercises are voluntary in Florida, though many drivers don’t know it.
Then the Breath Test
When readings are close to 0.08, small problems matter. We’d check whether the 20-minute observation period was actually watched by the officer, since a checked box on the form proves little by itself. If the jail video shows the driver out of the officer’s sight, or burping, the result can be challenged. We’d also check whether the machine passed its monthly inspection before and after the test.
Now the Choice
Suppose the stop looks lawful, the roadside is weak, and the observation log has a gap. The strongest path is probably a motion aimed at the breath result, paired with an argument that the roadside doesn’t prove impairment. If the breath result is excluded, the state has to prove impairment from a wide turn and shaky exercises on a bad surface. That’s when prosecutors are more likely to consider a reduction. No outcome is promised, but that’s how the leverage gets built.
That sequence, from the stop to the machine, is how we choose among DUI defenses in nearly every case.
|
Stage |
What gets tested |
Possible result if it fails |
|
Traffic stop |
Was there a legal reason to pull you over? |
Evidence after the stop may be suppressed |
|
Arrest |
Did the officer have probable cause? |
Breath result and statements may be excluded |
|
Field exercises |
Were they given and scored properly? |
Less weight for the officer’s opinion |
|
Breath test |
Was the 20-minute observation done? Was the machine maintained? |
Breath reading may be excluded |
|
Statements |
Were Miranda warnings given before questioning in custody? |
Statements may be excluded |
Why Does Prosecution Experience Matter in a Defense?
Our attorney, Jesse MacGyver Morse, spent three years as a prosecutor in Pinellas County handling cases from DUIs to homicides. He also served six years in the U.S. Air Force. Knowing how a prosecutor reads a file helps us spot what they’ll treat as a weakness. You can read more about Attorney Jesse MacGyver Morse.
For local help, see our pages for a Sarasota DUI lawyer, a Bradenton DUI lawyer and a North Port DUI lawyer. Our post on what a criminal defense lawyer does before trial explains the motion process, and whether a DUI charge can be dismissed in Sarasota covers how cases end early.
Get Your Evidence Reviewed Free!
Call J. MacGyver Law at (941) 276-3154 to have your report, video and breath records reviewed. We’ll tell you which DUI defenses fit your facts and what the realistic options are in Sarasota, Manatee or Charlotte County.
In a Hurry? Call (941) 276-3154
Frequently Asked Questions
Q: What is a motion to suppress in a DUI case?
A: It’s a request asking the judge to exclude evidence gathered in violation of your rights, such as after an unlawful stop.
Q: Can a breath test result be thrown out in Florida?
A: Yes, if the test didn’t follow FDLE rules, such as the observation period or machine inspection requirements.
Q: Are field sobriety tests required in Florida?
A: No. They’re voluntary, and declining them doesn’t carry a license suspension.
Q: Do DUI defenses guarantee a dismissal?
A: No. They create leverage and can lead to dismissal or reduction in some cases, but every case depends on its facts.
This article is general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.