Tampa DUI Lawyers use complicated, case-specific methods in DUI defense. The purpose is to reduce or drop the charges. DUI defense lawyers must know both statutes and procedures.
One tactic is to challenge the traffic stop. Defense attorneys investigate the first stop to confirm legality. Police must stop a driver for a traffic violation or reasonable suspicion of impairment. If this rationale is missing, the defense might claim that the illegal stop’s breathalyzer and field sobriety test results should be omitted from court proceedings.
Field sobriety testing administration and reliability are also necessary. Human error and subjective interpretation are possible with the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. Experienced Tampa DUI attorneys might question these tests’ accuracy, pointing out poor administration and other factors that could alter a client’s performance.
Breathalyzer accuracy is another issue. Defenders may claim the gadget was improperly calibrated or maintained, or the test was conducted incorrectly. Medical matters and food can also affect breathalyzer readings. Lawyers use forensic specialists to reveal these details, discrediting the prosecution’s breathalyzer data.
When employed, the blood sample chain of custody is crucial and disputable. Any blood sample handling, storage, or analysis anomalies can cast doubt on the evidence. Defense attorneys can damage the prosecution’s case by showing contamination or tampering.
Legal experts also examine procedural defenses, which focus on evidence collection and handling. This may involve investigating whether police followed all legal procedures during arrest and booking. Not reading Miranda rights might result in charges being dropped or reduced.
Plea bargaining is another strategy. If the evidence against a client is strong, negotiating a plea for reduced charges or penalties may be best. This demands a lawyer’s keen awareness of prosecutorial discretion and strong local legal community ties.
Certain DUI cases require specific defenses. If a person is sitting in a parked car, “actual physical control” can be crucial. DUI lawyers in Tampa know how to use such details to their clients’ benefit.