How To Fight A DUI In Florida

The law firm of Frank P. Bianco, P.A., has been helping clients throughout Pasco County, Pinellas County and Hernando County since 1991.  Frank is your a former assistant state attorney and have more than 20 years of experience in personal injury and criminal defense law.

In many cases, just by calling Frank in the middle of getting pulled over, before the police even get to the door of your car, Frank has been able to help victims on injustice on the spot.

Things you can possibly do and prove to the court to reduce or eliminate your sentence or charge.

1. Breathalyzers are statistically up to 15% inaccurate
2. You held your breath and then blew, not realizing that holding your breath fills your lungs with alcohol and can give a high false reading
3. Demand a blood test; even if you already blew into the breathalyzer, blood tests take longer to take, giving you time to get advice, and are more accurate than breathalyzers – you have the right to a fair and accurate test
4. Ask to bring up the police recording video from the car – if you were not wobbling or seemed intoxicated through speech or movement, this can work for you, especially if it contradicts the written police report statement
5. Ask for the report to be present and all paperwork – anything missing, misspelled or inaccurate about the event of the arrest may get it dismissed completely
6. Ask to know when the breathalyzer was last sterilized, and ask for proof; a recent sterilization will cause a high reading (and if the police don’t have the documents or records of sterilization, that may help)
7. You used mouthwash prior to going to the event
8. By law the police must wait 15-20 minutes from the time they discovered you were intoxicated to the time they gave you the breathalyzer
9. If you have acid reflux, it can cause a false positive or high reading
10. The officer ‘smelled beer’ is not enough cause to search your vehicle, they need your permission
11. It is illegal for police to search your vehicle from a minor offense, so if they found something without your permission to search the car, it may be waived
12. You have witnesses stating they only saw you drink a small amount and it was more than an hour ago, etc… witnesses may solve a lot
13. Do the officers and police department have an updated NHTSA/IACP –  approved DWI Detection and Standardized Field Sobriety Testing Training Program? – if they cannot provide proof of their training, it may get dismissed.
14. Request the video and the officers statement of you swaying or slurring your speech is inaccurate.

Remember that the judge has heard everything; don’t go into court acting like a know-it-all or in an aggressive manner. The judge ultimately decides whether you are innocent or guilty. Some of these items, and some not listed here, can be better delivered through professional counsel.

Are You Facing DUI Charges In New Port Richey? Talk To Frank

Contact me online or call (727) 843-0097 at any time of day or night. At Frank P. Bianco, P.A., I am committed to helping protect your future and your rights.