DWI and DUI Defenses
Drunk Driving is a Serious Offense
A DUI can have devastating and long-lasting effects on your life and the lives of the people that you care most about. If you are convicted for driving under the influence of alcohol or drugs in Florida or Georgia, you will face stiff fines and penalties and potential time in prison. While the legal sanctions are harsh, a DUI can also create other serious problems. A DUI conviction can negatively impact your job prospects, car insurance rates, and ability to travel to certain countries. If you happen to be involved in a child custody dispute, your DUI conviction may complicate your custody case.
These are just a few of the problems that can arise when you are convicted for driving under the influence of drugs and alcohol. Gus Soto is an experienced Valdosta drunk driving lawyer who can help. Gus Soto has decades of legal experience and knows what it takes to successfully fight a DUI charge.
DUI Defenses are Available
If you have been arrested for a DUI, you should not give up hope. There are several defenses that may be available to fight your DUI charge, as outlined below. Gus Soto will review your case from every angle to protect your legal rights and determine the best defense strategies in your case.
- Illegality of the Initial Police Stop. A DUI charge may be challenged on the grounds that the initial traffic stop by the arresting officer was illegal. Under the Fourth Amendment, any search or seizure of an individual must be reasonable. Therefore, in order to pull you over, the police officer must have held a reasonable suspicion that you were impaired by alcohol or drugs or committing another traffic offense. If the police officer in your case did not have probable cause to stop you, Attorney Soto will fight to have your case dismissed.
- Inaccuracy of BAC Tests. The Intoxilyzer 8000 and 9000 are the machines commonly used to test breath alcohol levels in Florida and Georgia. Under the law, these machines must be properly maintained and correctly calibrated. Additionally, the arresting officer must follow strict testing procedures in order to ensure that that the test results are accurate. As a certified operator of the Intoxilyzer 8000 and 9000 machines, Tallahassee DUI defense attorney Gus Soto is intimately familiar with the requirements that must be met in order for blood alcohol content testing to be legally valid. He will carefully review your case to determine whether grounds may exist to exclude your BAC test results.
- Invalid Field Sobriety Tests. Field sobriety tests are voluntary in the states of Florida and Georgia. This means that if you are pulled over by the police and are asked to take a field sobriety test, you have the right to refuse. Gus Soto is certified in NHTSA field sobriety testing. He knows that these tests are difficult to administer and can be unreliable. Police officers often fail to adhere to the required testing procedures, which can cause the test results to be invalid and thrown out.
- Improper Arrest Procedures. When you are arrested for a DUI, the police officers must follow proper legal procedures. The officers must have probable cause to believe that you were driving under the influence of alcohol or drugs to make a valid arrest. The officers must also read you your Miranda rights after they arrest you if they plan to interrogate you. Additionally, if the police violated your rights in connection with a breath, blood or urine test, the test results may be deemed inadmissible.
Contact a DUI Defense Attorney Today
The defenses outlined above are just a few of the most common ways to challenge an arrest. If you have been charged with drunk driving in Tallahassee, Valdosta, Panama City or anywhere else in North Florida or South Georgia, contact a lawyer immediately. Gus Soto is an experienced DWI/DUI attorney who knows how to build a successful defense. He will carefully evaluate every detail of your case so that he can help you fight the serious charges that you are facing.
Learn more about DUI laws and defenses by visiting the following pages: