Arrested for DUI? Here are 3 potential defenses

On Behalf of | Sep 22, 2022 | DUI

Are you facing DUI charges? Florida has some of the most unforgiving penalties. A DUI arrest may have many consequences – some that you will note immediately and others that you may realize later when it’s too late.

While drunk driving is wrong, it’s not illegal in Florida to drink and drive. It becomes illegal when your normal functioning is impaired. This means your ability to see, talk, hear, walk, drive, or make important decisions in an emergency. For this reason, you should not just accept the harsh punishment imposed after a DUI arrest. 

DUI defenses available in Florida

Many defenses are available in Florida if you have been arrested and charged with DUI. Some that may offer a great deal of protection include:

  • Proving you were not driving: The state will have to prove that you were driving the car or in physical control of the vehicle somehow. If the police arrived after the vehicle stopped and everybody was already outside the car, it may be impossible to prove who was driving.
  • Showing the car was inoperable: Because the state has to prove you were driving the car, you can get the case thrown out by proving that the car was inoperable at the time of your arrest.
  • Prove that you were not in actual physical control of the car: If you were not driving the car, you can still be found guilty of DUI if you were in actual physical control of the car. But there is no physical control if you were asleep in the driver’s seat and the keys were in the trunk. 

You can use several defenses that could see your DUI case dismissed. But first, seek legal assistance to work toward the best possible outcome of your case.