Home > Research Legal Advice > DUI / DWI > Can I fight an unjustified charge of DUI after I have blowed thru the br...
Asked about 1 year ago - Fort Lauderdale, FL
FlagI was arrested for DUI over the weekend by MDPD in the city of Miami Gardens, I was confident I would pass the officer physical test, which I did perfectly, but the officer arrested me because my eyes were bloodshot, and I told him I work in front of a computer almost all day which make my eyes that way, specially after he told me to put my head back, close my eyes and count 30 seconds. I followed officer instructions, even when he was very disrespectful. He took me to the DUI command center, where a community officer performed the breathalyzer test. I blew, because I tought 2 beers between a time lap of 20 min weren't going to be a big deal, but the community officer changed the mouth piece in the middle of the test, and I blew 0.124 and 0.131.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
To answer your question, yes you can fight the charge. There are many ways that experienced DUI attorney's challenge DUI charges when someone has submitted to a breathalyzer test. (too many to list here) Your best bet is to search for an attorney in Miami who specializes in DUI cases and have them guide you through your case.
You will have many options in defending your case.
Hire a skilled criminal defense attorney who is proficient in DUI defense as soon as possible to handle this matter in court for you. You may also want to challenge the 6 month Administrative Suspension of your driver's license (for a blow over .08) which includes 1 month with absolutely no driving at all. A challenge of the Administrative Suspension must be done within 10 days after your arrest or it is forever waived. Don't delay.
My offices are in Miami and I regularly handle DUI cases for my clients. Feel free to contact me if you are interested in retaining an attorney to help put this matter behind you as soon as possible.
Best of luck.
You need a skilled DUI attorney to represent you. Officers will more than likely arrest you no matter how well you perform the Field Sobriety Exercises. If you only had two beers and you are a male there is no way the intoxilizer could register that number without there being a problem. An experienced DUI attorney will challenge the breath reading.
Do not forget that you have 10 days from the time you were arrested to request an administrative review hearing to challenge your license suspesion.
Review my website to see if it answers any questions you may have.
Yes, we would have to hire an expert to show that the .BAC is incorrect and that the machine is just that- a machine, prone to errors. The argument would be that your .BAC increased from the time you were driving to the time you blew. Unfortunately, the roadsides may have been recorded and you may not ink you did so great when you see them on tape. Also, very often, defendants, when they see the tape of their exercises, they don't see what others do- that you didn't do that great. If they are not on tape it will be your words vs. the officers if you have no witnesses... And he will have the numbers to back himself up.
Sent from my iPad
Yes you can fight the case regardless of what the breath test result is. Before getting into the validity of the breath test result you could have stop, detention and arrest issues depending on the facts of the case. If the stop was unlawful it doesn't matter if you couldn't stand up it is not coming into evidence. Generally stop, detention arrest and breath test or refusal are the broad areas that can be challenged but many sub issues are included in those categories. Talk to an experienced DUI attorney within 10 days of your arrest to challenge the administrative suspension of your license and criminal charges against you.
