DUI Defense

Highly Skilled Tampa Criminal Defense Lawyer Defending the Rights and Freedoms of Clients Throughout the Gulf Coast

Getting arrested for DUI in Florida means your future is on the line. If you’re convicted, you’ll face a jail sentence, significant fines, a suspended license, and a host of other consequences. However, getting arrested for a DUI doesn’t mean that you’re going to be convicted, especially if you’re represented by an attorney who is familiar with the best DUI defenses and how to effectively use them. At the Mayberry Law Firm, Attorney Jason Mayberry is a respected Tampa DUI defense lawyer with almost 20 years of continuous, hands-on experience handling all kinds of DUI cases throughout Hillsborough County and the surrounding areas. With his help, you can rest assured that your case—and your future—is in good hands.

The Best DUI Defenses in Florida

While every case is unique, and the strength of a defense depends on the type of case and the specific facts involved, below are some of the best defenses in Florida DUI cases:

Unlawful Traffic Stop

One of the most common defenses in DUI cases is questioning the legality of the traffic stop. In Florida, law enforcement must have a valid reason, such as a traffic violation or suspicious driving, to pull you over. If the officer lacked probable cause or reasonable suspicion, any evidence gathered during the stop, including breathalyzer results or field sobriety tests, might be inadmissible in court. For example, if you were stopped solely based on a hunch and not for a legitimate reason, your Tampa DUI defense lawyer could argue that the stop was unlawful, potentially leading to the dismissal of your DUI charges.

Faulty Breathalyzer Test

Another defense involves challenging the accuracy and reliability of the breathalyzer test used to measure your blood alcohol content (BAC). Florida law requires strict maintenance and calibration of breathalyzer machines. If the device wasn’t properly maintained or if the test was administered incorrectly, the results could be flawed. In any Tampa DUI involving breath test results, Attorney Mayberry requests breathalyzer maintenance records to assess (and challenge) the validity of the breathalyzer results.

Inaccurate Field Sobriety Tests

Field sobriety tests (FSTs) are used by police to assess drivers’ impairment. However, these tests are highly subjective and influenced by various factors such as weather conditions, your physical condition, or even how clear the officer’s instructions were. In Florida, common FSTs include the walk-and-turn and one-leg stand. If you failed field sobriety tests, your lawyer might argue that external factors, like uneven pavement or a medical condition, affected your performance. By casting doubt on the reliability of the FSTs, we can argue that the evidence of impairment is not strong enough to support a DUI conviction.

Rising Blood Alcohol Defense

The rising blood alcohol defense argues that your BAC was below the legal limit while you were driving but rose above the limit by the time you took the breathalyzer test. Alcohol takes time to absorb into your bloodstream, so your BAC can increase after you stop drinking. For example, if you had your last drink just before being pulled over, your BAC might have been within legal limits while driving but higher by the time the test was administered. By using this defense, your DUI attorney can claim that the breathalyzer reading does not accurately reflect your BAC at the time of driving.

Medical Conditions or Medications

Certain medical conditions or medications can mimic the symptoms of intoxication and return a positive result on a breathalyzer. Conditions like diabetes and acid reflux, as well as certain diets, can cause a breathalyzer to register a false positive. Additionally, medications you are taking might produce side effects that are similar to alcohol impairment. In Florida, if you can provide medical evidence showing that a health issue or medication influenced the test results or your behavior, your attorney can argue that these factors, rather than alcohol, caused the apparent signs of impairment. Often, this is enough to raise reasonable doubt, requiring an acquittal.

Have You Been Charged with a Tampa Bay DUI?

If you were recently arrested and charged with a DUI, reach out to the Mayberry Law Firm for immediate assistance. At the Mayberry Law Firm, we have a long history of aggressively representing the interests of good people charged with serious—and potentially life-changing—crimes. We understand what’s at stake in Florida DUI cases and are prepared to do everything possible to avoid a conviction. To learn more and to schedule a free consultation today, give our Pasco County criminal defense lawyer a call at 813-444-7435. You can also connect with us through our secure online contact form.