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What are some creative defenses to DUI in Florida?

Defenses to DUI

According to Judge David Demers’s DUI Handbook, 11 Fla. Prac., DUI Handbook § 1:9 (2016-2017 ed.), the following defenses are rarely used, but attorneys should be aware of them:

  1. Entrapment
  2. Duress
  3. Necessity
  4. Voluntary Intoxication and insanity
  5. Involuntary intoxication
  6. Intervening Causes

Defense on Charges of Driving While Intoxicated, 19 Am. Jur. Trials 123 (May 2013), explains a few causes other than intoxication that give the appearance of intoxication:

· Flushed face caused by:

Blushing

Diabetes

High blood pressure

Menopause

Poisoning

Sunstroke

· Acetone odor (a fruity odor) of the breath caused by:

Amnesia

Blood poisoning

Brain concussion and other brain injuries

Delirium tremens

Diabetes

Epilepsy

Food poisoning

Intestinal obstruction

Migraine headache

Nervous disorder

Starvation

Stomach cancer

Stomach ulcer

Vomiting

· Eye disorder caused by:

Brain hemorrhage

Drugs

Fractured skull

Fright

Hay fever

High blood pressure

Nausea

Pain

· Speech disorder caused by:

Adenoid problem

Cleft palate

Dislocation of jaw

Hysteria

Infection

Migraine headache

Toothlessness

· Poor coordination (ataxia) caused by:

Exposure to gases, drugs, or chemicals such as carbon monoxide, barbiturates, or industrial chemicals

Inner ear infection

Muscle spasm or injury

Nerve injury

Shock

Spinal cord injury or disease

· Hallucinations (delirium) caused by:

Bites or stings

Blood loss

Diabetes

Drugs

Infection

Poisons or poisonous foods

· Drowsiness caused by:

Anemia

Brain concussion

Diabetes

Drugs

Sickness

· Unnatural heavy sleep (coma) caused by:

Blood clot

Brain concussion

Diabetes

Exposure to chemicals

Heat stroke or high temperatures

Hysterical trance

Shock

As always, if you have any questions about your Tampa DUI, call Tampa Criminal Defense Attorneys Maj Vasigh, PA for a consultation to see if you have defenses (813) 800-1111.

VASIGH LAW 101 N. 12TH ST. #104 Tampa, FL 33602

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