St. Petersburg DUI Attorney

How to Challenge a DUI Charge in Florida?

There are several angles a DUI defense attorney can explore, each designed to identify flaws or gaps that may exist in the prosecution's case. Here are some common areas of focus:

The Legitimacy of the Traffic Stop

Law enforcement officers must have a valid reason to initiate a traffic stop, except at designated sobriety checkpoints. There must be observable behavior indicating impairment or a violation of traffic laws. While the threshold for reasonable suspicion is low, the state must still justify it. If the stop is deemed unjustified, all subsequent evidence collected may be inadmissible. We assess not only the officer's justification but also the factual basis for the stop, which can sometimes reveal misinterpretations of driving behavior or other discrepancies.

The Accuracy of Breath Tests & Their Role in DUI Cases

Florida enforces an implied consent law, which requires drivers to submit to testing if pulled over on suspicion of driving under the influence. Refusing to comply with this law carries significant consequences and could complicate your case.

However, there are valid ways to contest the results of the test. Our team explores these opportunities extensively, considering factors such as the calibration and maintenance of the breathalyzer device, the training of the officer administering the test, and any alternative explanations for the test results. Each of these aspects can be pivotal in challenging the integrity of breath test evidence.

Breathalyzer results often play a central role in DUI cases, but they are far from flawless. Certain foods, such as those high in sugar or starch, can interfere with readings. Simple over-the-counter products like breath sprays or mouthwash can create misleading results, as can some prescribed medications. Medical conditions such as acid reflux, diabetes, or even heartburn can cause a breathalyzer to register an elevated BAC, even if the driver was not legally impaired.

The Reliability of Blood Testing in DUI Defense

While blood tests are often viewed as more accurate than breath tests, they are not immune to errors. The process requires meticulous attention to detail, from the method of collection to the storage of samples. Even minor deviations from protocol can compromise results.

For instance, if the needle used to collect the blood was cleaned using alcohol, there's potential for contamination. Improper storage practices could lead to fermentation, which artificially raises blood alcohol content (BAC) levels. Our evaluations include a thorough review of handling procedures and chain of custody documents, which are critical in maintaining or challenging the validity of blood test evidence.

A clear and documented chain of custody must exist for the blood sample. If there are any lapses in handling or documentation, we can argue that the evidence has been compromised. We prioritize transparency and ensure that every facet of the blood testing process is scrutinized to uphold your legal rights.

Ready to Build Your Defense? Contact Us For Legal Representation That Delivers Results

Facing DUI charges is a high-stakes legal matter. The impact on your criminal record, driver’s license, and employment can last for years. You deserve a strong advocate who knows the law, the local courts, and how to challenge DUI cases from every angle.

Plotnick Law Offices is committed to defending your rights with precision, persistence, and professionalism. Each case receives individualized attention, with a strategy tailored to your goals—whether that's dismissal, acquittal, or minimizing penalties.

Working with a seasoned St. Petersburg DUI attorney means gaining access to thorough investigations, persuasive negotiations, and powerful courtroom advocacy. DUI charges don’t have to define your future. There are defenses. There are options. And there is a way forward.

Call our St. Petersburg office at (727) 619-1827 or reach out online today to schedule your consultation.