When a client speaks with our office for the first time after being arrested for DUI, they are typically embarrassed and upset by their actions. We take the time to get to know our clients on a personal level and reassure them that we will look at everything in their case and that they may have defenses to their Florida DUI that no one could have anticipated. This is why it is so important to hire a Board Certified Criminal Trial lawyer to handle your DUI case.

A Short List of Common DUI Defenses


This blog post is intended to give a very quick overview of some of the defenses that may be available in your case. It is by no means intended to be legal advice and you will need to contact our office to schedule a free office conference to determine if any of these defenses may apply to your individual case:

  • Failure to have a proper observation period in your breath testing phase – this can be overlooked but objects in a person’s mouth or regurgitation can cause the tests to be inaccurate
  • DUI Videos show no intoxication – you would be shocked how many times we receive the videos in a case and the person shows no signs of intoxication. This can be used as a solid defense to the testimony of the witnesses and police.
  • Illegal Stop – we look very carefully to determine if the police had the right to pull you over in the first place.
  • Anonymous Tips – more and more people are calling in suspected drunk drivers from their cellphones. Often times, there is no legal basis to initiate a traffic stop.
  • Inaccurate Field Sobriety Testing – officers are human beings and can make mistakes when conducting field sobriety tests.
  • You may have been forced to give a blood draw – there are strict procedures that the State must follow in order for this type of evidence to be admissible.
  • You may have pre-existing health or medical problems – our office will always screen your case and get to know you and all of your medical history to see if it might be a defense in your case.
  • There may have been a long period of time between driving and your blood alcohol results – many times we see a delay between the actual driving and the blood or alcohol testing that is done. This can lead to results that are misleading for a judge and jury.
  • Interim drinking of alcohol – we have had clients that will be involved in an accident, walk away and then consume alcohol after the incident. This may be a defense to the blood alcohol level at the time of the driving.
  • The Prosecutor may not be able to prove you were actually driving the vehicle – in order to be convicted of driving under the influence, the prosecutor needs to prove beyond a reasonable doubt that you were operating that vehicle. This may be a defense to your case if you walked away from the scene.
  • Breath test machine may have malfunctioned – machines are not perfect. Therefore, you need a certified criminal trial lawyer that knows how to challenge the breath and blood test results.

If you have been arrested for a Florida DUI, you need a Board Certified Criminal Trial Lawyer representing your interests and fighting for your rights. Call Attorney Adam Pollack today at (407) 834-5297